Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx, and the following terms apply: (a) the Governing Law will be the laws of the Republic of Argentina; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and (h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “ (a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 4 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx Leandro N. Alem 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, XxAv. Xxxxxxx X. Xxxx Leandro N. Alem 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 3 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx Leandro N. Alem 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, XxAv. Xxxxxxx X. Xxxx Leandro N. Alem 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 3 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor32nd Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 102 & 103, X0000XXXC1008 CABA, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th Floor, Office 83/84 (C1055AAR), Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutonóma de Buenos Aires, X0000XXX, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx Leandro N. Alem 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, XxAv. Xxxxxxx X. Xxxx Leandro N. Alem 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
and (h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”,
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXxxxxxxx 102 & 103, XxxxxxxxxC1008 CABA, Argentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439,11th Floor, piso 13C1055AAE Buenos Aires, Ciudad Xxxxxxxx xx Xxxxxx XxxxxC1001AAT, X0000XXX, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXoffices 107, Xxxxxxxxx102 & 103, C1008 CABA, Argentina, and the following terms apply:
(a) the Governing Law will be the laws of the Republic of Argentina; and
(b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
(c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
(d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
(e) the second sentence of the “Notices” section of the General Terms Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Xxxxxxx 0000, piso 1300xx Xxxxx, Ciudad Xxxxxx 00/00 (X0000XXX), Xxxxxx Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 7 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection all instances of the phrase “increased by the greater of CPI and five percent (a) of 5%)” in the “Additional Technical Support Terms” section of the Services Terms is are deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”in their entirety.
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor35th Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 102 & 103, X0000XXXC1008 CABA, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th Floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxC1055 AAE Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor35th Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 102 & 103, X0000XXXC1008 CABA, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
(e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXoffices 102 & 000, X0000 XXXX, Xxxxxxxxx, and the following terms apply:
(a) the Governing Law will be the laws of the Republic of Argentina; and
(b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
(c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
(d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
(e) the second sentence of the “Notices” section of the General Terms Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Xxxxxxx 0000, piso 1300xx Xxxxx, Ciudad Xxxxxxxx xx X0000 XXX Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor35th Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 102 & 103, X0000XXXC1008 CABA, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th Floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxC1055 AAE Buenos Aires, X0000XXX, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor35th Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 102 & 103, X0000XXXC1008 CABA, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th Floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxBuenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 2 contracts
Samples: Software License and Services Agreement, Software License and Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor35th Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 102 & 103, X0000XXXC1008 CABA, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th Floor, Office 83/84 (C1055AAR), Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutonóma de Buenos Aires, X0000XXX, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor32nd Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 107, X0000XXX102 & 103, XxxxxxxxxC1008 CABA, Argentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th FloorOffice 83/84 (C1055AAR), Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 7 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
and (h) the definition of CPI in the Agreement is inapplicable and subsection all instances of the phrase “increased by the greater of CPI and five percent (a5%) of ” in the “Additional Technical Support Terms” section of the Services Terms is are deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”in their entirety.
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenxxx Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXxxxxxxx 000, 000 & 000, X0000 XXXX, Xxxxxxxxx, and xxd the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Avenxxx Xxxxxxx X. Xxxx 11340000, piso 1300xx Xxxxx, Ciudad Xxxxxx 00/00 (X0000XXX), Xxxxxx Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; emailxxail: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor35th Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 102 & 103, X0000XXXC1008 CABA, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th Floor, Office 83/84 (C1055AAR), Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXX, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx Leandro N. Alem 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, XxAv. Xxxxxxx X. Xxxx Leandro N. Alem 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor32nd Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 107, X0000XXX102 & 103, XxxxxxxxxC1008 CABA, Argentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th Floor, Office 83/84 (C1055AAR), Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXX, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXoffices 102 & 103, XxxxxxxxxC1008 CABA, Argentina, and the following terms apply:
(a) the Governing Law will be the laws of the Republic of Argentina; and
(b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
(c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
(d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
(e) the second sentence of the “Notices” section of the General Terms Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Xxxxxxx 0000, piso 1300xx Xxxxx, Ciudad Xxxxxxxx xx X0000 XXX Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Samples: Services Agreement
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx, and the following terms apply:
(a) the Governing Law will be the laws of the Republic of Argentina; and
(b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
(c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
(d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
(e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx Leandro N. Alem 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, XxAv. Xxxxxxx X. Xxxx Leandro N. Alem 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avxxxxx Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXxxxxxxx 002 & 103, XxxxxxxxxC1008 CABA, Argentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439,11th Floor, piso 13Office 83/84 (C1055AAR), Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
and (g) Section 5 of the “Enterprise Platform License Terms,” Section Terms,”Section 5 of the “Cloud Platform License Terms,” and Section 6 7 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
and (h) the definition of CPI in the Agreement is inapplicable and subsection all instances of the phrase “increased by the greater of CPI and five percent (a) of 5%)” in the “Additional Technical Support Terms” section of the Services Terms is are deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”in their entirety.
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXoffices 102 & 000, X0000 XXXX, Xxxxxxxxx, and the following terms apply:
(a) the Governing Law will be the laws of the Republic of Argentina; and
(b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
(c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
(d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
(e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Xxxxxxx 0000, piso 1300xx Xxxxx, Ciudad Xxxxxxxx xx X0000 XXX Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor32nd Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 107, X0000XXX102 & 103, XxxxxxxxxC1008 CABA, Argentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 13, Ciudad Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”11th
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx Leandro N. Alem 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, XxAv. Xxxxxxx X. Xxxx Leandro N. Alem 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
and (g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXoffices 102 & 000, X0000 XXXX, Xxxxxxxxx, and the following terms apply:
(a) the Governing Law will be the laws of the Republic of Argentina; and
(b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
(c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
(d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
(e) the second sentence of the “Notices” section of the General Terms Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Xxxxxxx 0000, piso 1311th Floor, Ciudad Xxxxxx 00/00 (X0000XXX), Xxxxxx Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 7 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection all instances of the phrase “increased by the greater of CPI and five percent (a) of 5%)” in the “Additional Technical Support Terms” section of the Services Terms is are deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”in their entirety.
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Xxxxxxxxxx 000, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx 00xx Xxxxx, X0000XXXoffices 107, Xxxxxxxxx102 & 103, C1008 CABA, Argentina, and the following terms apply:
(a) the Governing Law will be the laws of the Republic of Argentina; and
(b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
(c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In We and our affiliates will only be liable for damages solely and directly arising from our or our affiliates’ breach of this Agreement, and in no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
(d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise notednoted in any order or as provided in the “Term and Termination” section of this Agreement, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
(e) the second sentence of the “Notices” section of the General Terms Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Xxxxxxx 0000, piso 1300xx Xxxxx, Ciudad Xxxxxx 00/00 (X0000XXX), Xxxxxx Xxxxxxxx xx Xxxxxx Xxxxx, X0000XXX, Xxxxxxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx 1134Avenida Corrientes 800, 13th floor35th Floor, Ciudad Xxxxxxxx xx Xxxxxx Xxxxxoffices 102 & 103, X0000XXXC1008 CABA, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, Xx. Xxxxxxx X. Xxxx 1134Avenida Córdoba 1439, piso 1311th FloorOffice 83/84 (C1055AAR), Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com;” and
(f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract
Argentina. If the Territory is the Republic of Argentina, the MicroStrategy contracting entity on the order is MicroStrategy Brasil Ltda. Sucursal Argentina, with offices at Av. Xxxxxxx X. Xxxx Alem 1134, 13th floor, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina, and the following terms apply:
: (a) the Governing Law will be the laws of the Republic of Argentina; and
and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Buenos Aires, Argentina; and
and (c) the second sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “In no event will we or any of our affiliates and licensors be liable to you or any of your affiliates for any indirect, special, incidental, consequential, or exemplary damages, including without limitation for loss of business, loss of income, revenue, earnings, net worth or profit, loss of opportunity or damage to reputation;” and
and (d) the “Orders and Payment” section of the General Terms is deleted and replaced with the following: “You will be invoiced upon execution of and according to the terms of an order. All fees due to us will be payable in full thirty (30) days from the date of receipt of the invoice and will be deemed overdue if they remain unpaid thereafter. Any dispute to an invoice must be raised within thirty (30) days from the date of invoice or the invoice will be deemed correct. Any amounts which remain unpaid after the due date will be subject to a late charge equal to the then-current interest rate of Banco De La Nación Argentina for discounted commercial paper transactions (tasa activa para operaciones de descuento de documentos), accruing monthly from the due date until such amount is paid. All fees are due to us in the currency listed on an order; notwithstanding the foregoing, if an order includes fees listed in the currency of legal tender in the United States of America (“Dollars”), such fees must be paid in Dollars or their equivalent in Argentinian Pesos, at the sell rate of the Dollar published by Banco De La Nación Argentina on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. If a stamp tax applies to an order, fifty percent (50%) of such tax will be borne by us and the remaining fifty percent (50%) will be borne by you. We will pay the full amount of the applicable tax to the corresponding agencies and will subsequently invoice you for the portion of the tax you are responsible for. Except as otherwise noted, all orders are firm and not subject to cancellation, return, refund or offset by you”; and
and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Brasil Ltda. Sucursal Argentina, Attention: Legal Representative, XxAv. Xxxxxxx X. Xxxx Alem 1134, piso 13, Ciudad Xxxxxxxx xx Xxxxxx XxxxxAutónoma de Buenos Aires, X0000XXXC1001AAT, XxxxxxxxxArgentina; email: xxxxxxxx@xxxxxxxxxxxxx.xxx;” and
and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and
(g) Section 5 of the “Enterprise Platform License Terms,” Section 5 of the “Cloud Platform License Terms,” and Section 6 of the “MicroStrategy Cloud Environment Service Terms” are inapplicable; and
(h) the definition of CPI in the Agreement is inapplicable and subsection (a) of the “Additional Technical Support Terms” section of the Services Terms is deleted and replaced with the following: “
(a) upon expiration of the initial annual subscription term, you have the option to renew Standard Technical Support Services on those Product licenses for subsequent annual subscription terms, each at an annual fee equal to the prior annual subscription term fee and …”
Appears in 1 contract