TERMS RELATING TO DISTRIBUTION. 3.3.1 DISTRIBUTOR AGREEMENTS. Prior to the distribution of any Bundled Product, Distributable Source, or End User Documentation to a Distributor or Customer, Licensee shall enter into (or shall have already entered into) an enforceable written agreement with such Distributor or Customer ("Distributor Agreement") that (i) is sufficient to ensure that such Distributor or Customer is required to comply with the relevant terms of this Agreement, (ii) requires each Distributor to enter into a Distributor Agreement with any sub-distributor prior to granting such sub-distributor any rights with respect to the Bundled Product. Licensee shall use commercially reasonable efforts include in any Distributor Agreements with a Distributor entered into on or after the Effective Date a provision that expressly names XXXXX as an intended third party beneficiary with the right to rely on and to directly enforce the terms thereof. Without limiting the generality of the foregoing, each Distributor Agreement shall include terms no less restrictive than those contained in Articles 2., 3, 4., 7. and 8. of this Agreement. Prior to enforcing its rights under a Distributor Agreement as a third party beneficiary, BOLAG will provide fifteen (15) days notice to Licensee of the Distributor's non-compliance and XXXXX'x intended action. If such non-compliance by the Distributor is not cured within fifteen (15) days of BOLAG's notice to Licensee, BOLAG shall be entitled to enforce its rights directly against the Distributor.
