Common use of ONLINE TERMS AND CONDITIONS Clause in Contracts

ONLINE TERMS AND CONDITIONS. In the event that the Licensor requires the Authorized Users to agree to additional terms relating to the use of the Licensed Materials (commonly referred to as "click-through" or "clickwrap" licenses), or otherwise attempts to impose terms on the Authorized Users through online terms and conditions invoked by the mere use or viewing of the Licensed Materials, such additional terms shall only apply to the Authorized Users who agreed to the respective additional terms. Such additional terms shall not materially differ from the provisions of this Agreement and violation of these additional terms by the Authorized Users will not be considered as breach of this Agreement but merely and exclusively as breach of these additional terms. In the event of any conflict between the additional terms and this Agreement, the terms of this Agreement shall prevail. The Licensor alone shall be liable and responsible for any personal data processing that occurs with respect to these additional online terms and conditions as the Licensor itself determines the scope and purpose of such personal data processing. For the avoidance of doubt, the Authorized Users are not a party to this Agreement.

Appears in 9 contracts

Samples: License Agreement, License Agreement, License Agreement

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ONLINE TERMS AND CONDITIONS. In the event that the Licensor Publisher requires the Authorized Users to agree to additional terms relating to the use of the Licensed Materials (commonly referred to as "click-through" or "clickwrap" licenses), or otherwise attempts to impose terms on the Authorized Users through online terms and conditions invoked by the mere use or viewing of the Licensed Materials, such additional terms shall only apply to the Authorized Users who agreed to the respective additional terms. Such additional terms shall not materially differ from the provisions of this Agreement and violation of these additional terms by the Authorized Users will not be considered as breach of this Agreement but merely and exclusively as breach of these additional terms. In the event of any conflict between the additional terms and this Agreement, the terms of this Agreement shall prevail. The Licensor Publisher alone shall be liable and responsible for any personal data processing that occurs with respect to these additional online terms and conditions as the Licensor itself Publisher determines the scope and purpose of such personal data processing. For the avoidance of doubt, the Authorized Users are not a party to this Agreement. For purposes of clarification, the language included in Section 4 Authorized Uses is not impacted by this Section.

Appears in 1 contract

Samples: License Agreement

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