Common use of Belgium, The Netherlands and Luxembourg (Benelux) Clause in Contracts

Belgium, The Netherlands and Luxembourg (Benelux). If the Territory is Belgium, the Netherlands or Luxembourg, the MicroStrategy contracting entity on the order is MicroStrategy Benelux BV, MicroStrategy Belgium BVBA, and the following terms apply: (a) the Governing Law will be the laws of the Netherlands for customers with their registered corporate address in the Netherlands and the laws of Belgium for customers with their registered corporate address in Belgium or Luxembourg; 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 Amsterdam, Netherlands for customers with their registered corporate address in the Netherlands and to the exclusive jurisdiction of the courts of Brussels, Belgium for customers with their registered corporate address in Belgium or Luxembourg; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for (a) our obligations under the “Indemnification” section of this Agreement, (b) bodily injuries or death caused by us, (c) the damages resulting from a party’s gross negligence, fraud or intentional misconduct, or (d) your breach of our intellectual property rights or export laws, the cumulative aggregate liability of either party and all of its affiliates to the other party and all of its affiliates related to this agreement will not exceed the greater of (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) EUR 300,000.”; and (d) references to “CPI” in the Agreement will be deemed to refer to “the latest published percentage increase in local Consumer Price Index at the time of the renewal.”