Common use of Pass Through Provisions Clause in Contracts

Pass Through Provisions. The EULAs shall further (a) contain terms and conditions substantially similar to Section 3.2 applicable to End Users, (b) disclaim the warranties and limit the liability of Licensee’s direct and indirect suppliers (including Enterprise) for the accuracy or adequacy of the Data, as well as the warranties of merchantability, accuracy and fitness for purpose, as set forth in Sections 10 and 11, and (c) provide that they may be terminated immediately without notice in the event of any violation of any provisions incorporated pursuant to clause (a) of this sentence, in which event all provisions required by this sentence will survive such termination. Enterprise shall be named third party beneficiary of such clauses. Notwithstanding the foregoing, parts (a) and (c) of this Section 4.2 will not apply to the licensing and offering by Licensee of Derived Products that do not include and cannot be used to derive or recreate any of the Data or identify any specific individual as prohibited by Section 3.2. Upon request by Enterprise, Licensee will provide copies of its agreements with End Users to Enterprise. In case of conflict between the terms of a XXXX and those of Enterprise’s royalty-free license offered to third parties by Enterprise, the terms of the XXXX shall govern as between Licensee and its End User, subject to compliance of the XXXX and by End User with the pass through mandatory provisions identified in this Section 4.