Common use of Germany, Austria and Switzerland (DACH) Clause in Contracts

Germany, Austria and Switzerland (DACH). If the Territory is Germany, the MicroStrategy contracting entity on the order is MicroStrategy Deutschland GmbH, with offices at Gustav-Heinemann-Ufer 56, 50968 Cologne, Germany. If the Territory is Austria, the MicroStrategy contracting entity on the order is MicroStrategy Austria GmbH, with offices at Regus Business Center Twin Tower, Wienerbergstrasse 11, 1100 Wien. If the Territory is Switzerland, the MicroStrategy contracting entity on the order is MicroStrategy Switzerland GmbH, with offices at c/o Rödl & Partner AG, Flurstraße 55, 8048 Zürich.. The following terms will apply for each of Germany, Austria and Switzerland: (a) If your contractual partner is MicroStrategy Deutschland GmbH, the Governing Law will be the laws of the Federal Republic of Germany; if your contractual partner is MicroStrategy Austria GmbH, the Governing Law will be the laws of Austria; if your contractual partner is MicroStrategy Switzerland GmbH, the Governing Law will be the laws of Switzerland; (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 jurisdictions of (i) the ordinary courts of Cologne, Germany, if your contractual partner is MicroStrategy Deutschland GmbH; (ii) the courts of Vienna, if your contractual partner is MicroStrategy Austria GmbH, and (iii) the courts of Zurich, if your contractual partner is MicroStrategy Switzerland GmbH; (c) the third sentence of the “Term and Termination” section of the General Terms is deleted and replaced as follows: “We may terminate this Agreement, any order or Product license upon prior written notice (a) if you breach a material provision of this Agreement and fail to cure such breach within thirty (30) days following such notice, (b) as provided in the “Indemnification” section of these General Terms or the applicable “Additional Limited Warranties and Remedies” section of this Agreement or (c) if a direct or indirect competitor of us gains direct or indirect control or dominant influence over you”; (d) 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, (d) your breach of our intellectual property rights or (e) any damage that falls under the Product Liability Act (“Produkthaftungsgesetz” or “Produktehaftpflichtgesetz,” for Switzerland), 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.”; (e) The “Additional Limited Warranties and Remedies” section of the Enterprise Platform License Terms and the Cloud Platform License Terms is deleted and replaced with the following: “We warrant that for a period of one (1) year from the date of an order (“Warranty Period”) each Product listed on the order and Updates delivered for the Products during the Warranty Period will conform to the technical specifications set forth in the Documentation. For any breach of warranty set forth above, we shall remedy the breach by correcting the defect or replacing the defected Product. In case we are unable within a reasonable period of time to remedy the breach, you may request a reduction of the fees paid for the defected Product (“Minderung”) or rescind the contract (“Rücktritt”). You may not rescind the contract if the defect is not material. Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms. Defects shall be notified to us in writing, the notice containing details of the error symptoms, to the extent possible evidenced by written documentation. The notice shall enable us to reproduce the error or defect.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the respective German, Austrian or Swiss CPI.

Germany, Austria and Switzerland (DACH). If the Territory is Germany, the MicroStrategy contracting entity on the order is MicroStrategy Deutschland GmbH, with offices at Gustav-Heinemann-Ufer 56, 50968 Cologne, Germany. If the Territory is Austria, the MicroStrategy contracting entity on the order is MicroStrategy Austria GmbH, with offices at Regus Business Center Twin Tower, Wienerbergstrasse 11, 1100 Wien. If the Territory is Switzerland, the MicroStrategy contracting entity on the order is MicroStrategy Switzerland GmbH, with offices at c/o Rödl & Partner AG, Flurstraße 55, 8048 Zürich.. . The following terms will apply for each of Germany, Austria and Switzerland: (a) If your contractual partner is MicroStrategy Deutschland GmbH, the Governing Law will be the laws of the Federal Republic of Germany; if your contractual partner is MicroStrategy Austria GmbH, the Governing Law will be the laws of Austria; if your contractual partner is MicroStrategy Switzerland GmbH, the Governing Law will be the laws of Switzerland; (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 jurisdictions of (i) the ordinary courts of Cologne, Germany, if your contractual partner is MicroStrategy Deutschland GmbH; (ii) the courts of Vienna, if your contractual partner is MicroStrategy Austria GmbH, and (iii) the courts of Zurich, if your contractual partner is MicroStrategy Switzerland GmbH; (c) the third sentence of the “Term and Termination” section of the General Terms is deleted and replaced as follows: “We may terminate this Agreement, any order or Product license upon prior written notice (a) if you breach a material provision of this Agreement and fail to cure such breach within thirty (30) days following such notice, (b) as provided in the “Indemnification” section of these General Terms or the applicable “Additional Limited Warranties and Remedies” section of this Agreement or (c) if a direct or indirect competitor of us gains direct or indirect control or dominant influence over you”; (d) 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, (d) your breach of our intellectual property rights or (e) any damage that falls under the Product Liability Act (“Produkthaftungsgesetz” or “Produktehaftpflichtgesetz,” for Switzerland), 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.”; (e) The “Additional Limited Warranties and Remedies” section of the Enterprise Platform License Terms and the Cloud Platform License Terms is deleted and replaced with the following: “We warrant that for a period of one (1) year from the date of an order (“Warranty Period”) each Product listed on the order and Updates delivered for the Products during the Warranty Period will conform to the technical specifications set forth in the Documentation. For any breach of warranty set forth above, we shall remedy the breach by correcting the defect or replacing the defected Product. In case we are unable within a reasonable period of time to remedy the breach, you may request a reduction of the fees paid for the defected Product (“Minderung”) or rescind the contract (“Rücktritt”). You may not rescind the contract if the defect is not material. Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms. Defects shall be notified to us in writing, the notice containing details of the error symptoms, to the extent possible evidenced by written documentation. The notice shall enable us to reproduce the error or defect.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the respective German, Austrian or Swiss CPI.

Germany, Austria and Switzerland (DACH). If the Territory is Germany, the MicroStrategy contracting entity on the order is MicroStrategy Deutschland GmbH, with offices at Gustav-Heinemann-Ufer 56, 50968 Cologne, Germany. If the Territory is Austria, the MicroStrategy contracting entity on the order is MicroStrategy Austria GmbH, with offices at Regus Business Center Twin Tower, Wienerbergstrasse 11, 1100 Wien. If the Territory is Switzerland, the MicroStrategy contracting entity on the order is MicroStrategy Switzerland GmbH, with offices at c/o Rödl & Partner AG, Flurstraße 55, 8048 Zürich.. . The following terms will apply for each of Germany, Austria and Switzerland: (a) If your contractual partner is MicroStrategy Deutschland GmbH, the Governing Law will be the laws of the Federal Republic of Germany; if your contractual partner is MicroStrategy Austria GmbH, the Governing Law will be the laws of Austria; if your contractual partner is MicroStrategy Switzerland GmbH, the Governing Law will be the laws of Switzerland; (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 jurisdictions of (i) the ordinary courts of Cologne, Germany, if your contractual partner is MicroStrategy Deutschland GmbH; (ii) the courts of Vienna, if your contractual partner is MicroStrategy Austria GmbH, and (iii) the courts of Zurich, if your contractual partner is MicroStrategy Switzerland GmbH; (c) the third sentence of the “Term and Termination” section of the General Terms is deleted and replaced as follows: “We may terminate this Agreement, any order or Product license upon prior written notice (a) if you breach a material provision of this Agreement and fail to cure such breach within thirty (30) days following such notice, (b) as provided in the “Indemnification” section of these General Terms or the applicable “Additional Limited Warranties and Remedies” section of this Agreement or (c) if a direct or indirect competitor of us gains direct or indirect control or dominant influence over you”; (d) 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, (d) your breach of our intellectual property rights or (e) any damage that falls under the Product Liability Act (“Produkthaftungsgesetz” or “Produktehaftpflichtgesetz,” for Switzerland), 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.”; (e) The “Additional Limited Warranties and Remedies” section of the Enterprise Platform License Terms and the Cloud Platform License Terms is deleted and replaced with the following: “We warrant that for a period of one (1) year from the date of an order (“Warranty Period”) each Product listed on the order and Updates delivered for the Products during the Warranty Period will conform to the technical specifications set forth in the Documentation. For any breach of warranty set forth above, we shall remedy the breach by correcting the defect or replacing the defected Product. In case we are unable within a reasonable period of time to remedy the breach, you may request a reduction of the fees paid for the defected Product (“Minderung”) or rescind the contract (“Rücktritt”). You may not rescind the contract if the defect is not material. Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms. Defects shall be notified to us in writing, the notice containing details of the error symptoms, to the extent possible evidenced by written documentation. The notice shall enable us to reproduce the error or defect.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the respective German, Austrian or Swiss CPI.and

Germany, Austria and Switzerland (DACH). If the Territory is Germany, the MicroStrategy contracting entity on the order is MicroStrategy Deutschland GmbH, with offices at Gustav-Heinemann-Ufer 56, 50968 Cologne, Germany. If the Territory is Austria, the MicroStrategy contracting entity on the order is MicroStrategy Austria GmbH, with offices at Regus Business Center Twin Tower, Wienerbergstrasse 11, 1100 Wien. If the Territory is Switzerland, the MicroStrategy contracting entity on the order is MicroStrategy Switzerland GmbH, with offices at c/o Rödl & Partner AGIndustriestrasse 21, Flurstraße 55, 8048 Zürich.. CH-8304 Wallisellen. The following terms will apply for each of Germany, Austria and Switzerland: (a) If your contractual partner is MicroStrategy Deutschland GmbH, the Governing Law will be the laws of the Federal Republic of Germany; if your contractual partner is MicroStrategy Austria GmbH, the Governing Law will be the laws of Austria; if your contractual partner is MicroStrategy Switzerland GmbH, the Governing Law will be the laws of Switzerland; (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 jurisdictions of (i) the ordinary courts of Cologne, Germany, if your contractual partner is MicroStrategy Deutschland GmbH; (ii) the courts of Vienna, if your contractual partner is MicroStrategy Austria GmbH, and (iii) the courts of Zurich, if your contractual partner is MicroStrategy Switzerland GmbH; (c) the third sentence of the “Term and Termination” section of the General Terms is deleted and replaced as follows: “We may terminate this Agreement, any order or Product license upon prior written notice (a) if you breach a material provision of this Agreement and fail to cure such breach within thirty (30) days following such notice, (b) as provided in the “Indemnification” section of these General Terms or the applicable “Additional Limited Warranties and Remedies” section of this Agreement or (c) if a direct or indirect competitor of us gains direct or indirect control or dominant influence over you”; (d) 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, (d) your breach of our intellectual property rights or (e) any damage that falls under the Product Liability Act (“Produkthaftungsgesetz” or “Produktehaftpflichtgesetz,” for Switzerland), 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.”; (e) The “Additional Limited Warranties and Remedies” section of the Enterprise Platform License Terms and the Cloud Platform License Terms is deleted and replaced with the following: “We warrant that for a period of one (1) year from the date of an order (“Warranty Period”) each Product listed on the order and Updates delivered for delivery of the Products during that the Warranty Period Products will conform to the technical specifications set forth specified in the Documentation. No further warranties are granted. For any breach of warranty set forth abovewarranty, we shall remedy the breach by correcting the defect or replacing the defected Product. In case we are unable within a reasonable period of time to remedy the breachbreach or provide you with a reasonable option to avoid the consequences of the defect, you may request a reduction of the fees paid for the defected Product (“MinderungHerabsetzung der Vergütung”) or rescind the contract (“RücktrittRücktritt vom Vertrag”). You may not rescind the contract if the defect is not material. Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms. Defects shall be notified to us in writing, the notice containing details of the error symptoms, to the extent possible evidenced by written documentation. The notice shall enable us to reproduce the error or defect.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the respective German, Austrian or Swiss CPI.

Germany, Austria and Switzerland (DACH). If the Territory is Germany, the MicroStrategy contracting entity on the order is MicroStrategy Deutschland GmbH, with offices at Gustav-Heinemann-Ufer 56, 50968 Cologne, Germany. If the Territory is Austria, the MicroStrategy contracting entity on the order is MicroStrategy Austria GmbH, with offices at Regus Business Center Twin Tower, Wienerbergstrasse 11, 1100 Wien. If the Territory is Switzerland, the MicroStrategy contracting entity on the order is MicroStrategy Switzerland GmbH, with offices at c/o Rödl & Partner AG, Flurstraße 55, 8048 Zürich.. . The following terms will apply for each of Germany, Austria and Switzerland: (a) If your contractual partner is MicroStrategy Deutschland GmbH, the Governing Law will be the laws of the Federal Republic of Germany; if your contractual partner is MicroStrategy Austria GmbH, the Governing Law will be the laws of Austria; if your contractual partner is MicroStrategy Switzerland GmbH, the Governing Law will be the laws of Switzerland; (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 jurisdictions of (i) the ordinary courts of Cologne, Germany, if your contractual partner is MicroStrategy Deutschland GmbH; (ii) the courts of Vienna, if your contractual partner is MicroStrategy Austria GmbH, and (iii) the courts of Zurich, if your contractual partner is MicroStrategy Switzerland GmbH; (c) the third sentence of the “Term and Termination” section of the General Terms is deleted and replaced as follows: “We may terminate this Agreement, any order or Product license upon prior written notice (a) if you breach a material provision of this Agreement and fail to cure such breach within thirty (30) days following such notice, (b) as provided in the “Indemnification” section of these General Terms or the applicable “Additional Limited Warranties and Remedies” section of this Agreement or (c) if a direct or indirect competitor of us gains direct or indirect control or dominant influence over you”; (d) 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, (d) your breach of our intellectual property rights or (e) any damage that falls under the Product Liability Act (“Produkthaftungsgesetz” or “Produktehaftpflichtgesetz,” for Switzerland), 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.”; (e) The “Additional Limited Warranties and Remedies” section of the Enterprise Platform License Terms and the Cloud Platform License Terms is deleted and replaced with the following: “We warrant that for a period of one (1) year from the date of an order (“Warranty Period”) each Product listed on the order and Updates delivered for the Products during the Warranty Period will conform to the technical specifications set forth in the Documentation. For any breach of warranty set forth above, we shall remedy the breach by correcting the defect or replacing the defected Product. In case we are unable within a reasonable period of time to remedy the breach, you may request a reduction of the fees paid for the defected Product (“Minderung”) or rescind the contract (“Rücktritt”). You may not rescind the contract if the defect is not material. Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms. Defects shall be notified to us in writing, the notice containing details of the error symptoms, to the extent possible evidenced by written documentation. The notice shall enable us to reproduce the error or defect.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the respective German, Austrian or Swiss CPI.

Germany, Austria and Switzerland (DACH). If the Territory is Germany, the MicroStrategy contracting entity on the order is MicroStrategy Deutschland GmbH, with offices at Gustav-Heinemann-Ufer 56, 50968 Cologne, Germany. If the Territory is Austria, the MicroStrategy contracting entity on the order is MicroStrategy Austria GmbH, with offices at Regus Business Center Twin Tower, Wienerbergstrasse 11, 1100 Wien. If the Territory is Switzerland, the MicroStrategy contracting entity on the order is MicroStrategy Switzerland GmbH, with offices at c/o Rödl & Partner AG, Flurstraße 55, 8048 Zürich.. . The following terms will apply for each of Germany, Austria and Switzerland: (a) If your contractual partner is MicroStrategy Deutschland GmbH, the Governing Law will be the laws of the Federal Republic of Germany; if your contractual partner is MicroStrategy Austria GmbH, the Governing Law will be the laws of Austria; if your contractual partner is MicroStrategy Switzerland GmbH, the Governing Law will be the laws of Switzerland; (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 jurisdictions of (i) the ordinary courts of Cologne, Germany, if your contractual partner is MicroStrategy Deutschland GmbH; (ii) the courts of Vienna, if your contractual partner is MicroStrategy Austria GmbH, and (iii) the courts of Zurich, if your contractual partner is MicroStrategy Switzerland GmbH; (c) the third sentence of the “Term and Termination” section of the General Terms is deleted and replaced as follows: “We may terminate this Agreement, any order or Product license upon prior written notice (a) if you breach a material provision of this Agreement and fail to cure such breach within thirty (30) days following such notice, (b) as provided in the “Indemnification” section of these General Terms or the applicable “Additional Limited Warranties and Remedies” section of this Agreement or (c) if a direct or indirect competitor of us gains direct or indirect control or dominant influence over you”; (d) 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, (d) your breach of our intellectual property rights or (e) any damage that falls under the Product Liability Act (“Produkthaftungsgesetz” or “Produktehaftpflichtgesetz,” for Switzerland), 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.”; (e) The “Additional Limited Warranties and Remedies” section of the Enterprise Platform License Terms and the Cloud Platform License Terms is deleted and replaced with the following: “We warrant that for a period of one (1) year from the date of an order (“Warranty Period”) each Product listed on the order and Updates delivered for the Products during the Warranty Period will conform to the technical specifications set forth in the Documentation. For any breach of warranty set forth above, we shall remedy the breach by correcting the defect or replacing the defected Product. In case we are unable within a reasonable period of time to remedy the breach, you may request a reduction of the fees paid for the defected Product (“Minderung”) or rescind the contract (“Rücktritt”). You may not rescind the contract if the defect is not material. Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms. Defects shall be notified to us in writing, the notice containing details of the error symptoms, to the extent possible evidenced by written documentation. The notice shall enable us to reproduce the error or defect.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the respective German, Austrian or Swiss CPI.and

Germany, Austria and Switzerland (DACH). If the Territory is Germany, the MicroStrategy contracting entity on the order is MicroStrategy Deutschland GmbH, with offices at Gustav-Heinemann-Ufer 56, 50968 Cologne, Germany. If the Territory is Austria, the MicroStrategy contracting entity on the order is MicroStrategy Austria GmbH, with offices at Regus Business Center Twin Tower, Wienerbergstrasse 11, 1100 Wien. If the Territory is Switzerland, the MicroStrategy contracting entity on the order is MicroStrategy Switzerland GmbH, with offices at c/o Rödl & Partner AGIndustriestrasse 21, Flurstraße 55, 8048 Zürich.. CH-8304 Wallisellen. The following terms will apply for each of Germany, Austria and Switzerland: (a) If your contractual partner is MicroStrategy Deutschland GmbH, the Governing Law will be the laws of the Federal Republic of Germany; if your contractual partner is MicroStrategy Austria GmbH, the Governing Law will be the laws of Austria; if your contractual partner is MicroStrategy Switzerland GmbH, the Governing Law will be the laws of Switzerland; (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 jurisdictions of (i) the ordinary courts of Cologne, Germany, if your contractual partner is MicroStrategy Deutschland GmbH; (ii) the courts of Vienna, if your contractual partner is MicroStrategy Austria GmbH, and (iii) the courts of Zurich, if your contractual partner is MicroStrategy Switzerland GmbH; (c) the third sentence of the “Term and Termination” section of the General Terms is deleted and replaced as follows: “We may terminate this Agreement, any order or Product license upon prior written notice (a) if you breach a material provision of this Agreement and fail to cure such breach within thirty (30) days following such notice, (b) as provided in the “Indemnification” section of these General Terms or the applicable “Additional Limited Warranties and Remedies” section of this Agreement or (c) if a direct or indirect competitor of us gains direct or indirect control or dominant influence over you”; (d) 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, (d) your breach of our intellectual property rights or (e) any damage that falls under the Product Liability Act (“Produkthaftungsgesetz” or “Produktehaftpflichtgesetz,” for Switzerland), 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.”; (e) The “Additional Limited Warranties and Remedies” section of the Enterprise Platform License Terms and the Cloud Platform License Terms is deleted and replaced with the following: “We warrant that for a period of one (1) year from the date of an order (“Warranty Period”) each Product listed on the order and Updates delivered for delivery of the Products during that the Warranty Period Products will conform to the technical specifications set forth specified in the Documentation. No further warranties are granted. For any breach of warranty set forth abovewarranty, we shall remedy the breach by correcting the defect or replacing the defected Product. In case we are unable within a reasonable period of time to remedy the breach, you may request a reduction of the fees paid for the defected Product (“Minderung”) or rescind the contract (“Rücktritt”). You may not rescind the contract if the defect is not material. Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms. Defects shall be notified to us in writing, the notice containing details of the error symptoms, to the extent possible evidenced by written documentation. The notice shall enable us to reproduce the error or defect.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the respective German, Austrian or Swiss CPI.reasonable

Germany, Austria and Switzerland (DACH). If the Territory is Germany, the MicroStrategy contracting entity on the order is MicroStrategy Deutschland GmbH, with offices at Gustav-Heinemann-Ufer 56, 50968 Cologne, Germany. If the Territory is Austria, the MicroStrategy contracting entity on the order is MicroStrategy Austria GmbH, with offices at Regus Business Center Twin Tower, Wienerbergstrasse 11, 1100 Wien. If the Territory is Switzerland, the MicroStrategy contracting entity on the order is MicroStrategy Switzerland GmbH, with offices at c/o Rödl & Partner AG, Flurstraße 55, 8048 Zürich.. . The following terms will apply for each of Germany, Austria and Switzerland: (a) If your contractual partner is MicroStrategy Deutschland GmbH, the Governing Law will be the laws of the Federal Republic of Germany; if your contractual partner is MicroStrategy Austria GmbH, the Governing Law will be the laws of Austria; if your contractual partner is MicroStrategy Switzerland GmbH, the Governing Law will be the laws of Switzerland; (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 jurisdictions of (i) the ordinary courts of Cologne, Germany, if your contractual partner is MicroStrategy Deutschland GmbH; (ii) the courts of Vienna, if your contractual partner is MicroStrategy Austria GmbH, and (iii) the courts of Zurich, if your contractual partner is MicroStrategy Switzerland GmbH; (c) the third sentence of the “Term and Termination” section of the General Terms is deleted and replaced as follows: “We may terminate this Agreement, any order or Product license upon prior written notice (a) if you breach a material provision of this Agreement and fail to cure such breach within thirty (30) days following such notice, (b) as provided in the “Indemnification” section of these General Terms or the applicable “Additional Limited Warranties and Remedies” section of this Agreement or (c) if a direct or indirect competitor of us gains direct or indirect control or dominant influence over you”; (d) 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, (d) your breach of our intellectual property rights or (e) any damage that falls under the Product Liability Act (“Produkthaftungsgesetz” or “Produktehaftpflichtgesetz,” for Switzerland), 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.”; (e) The “Additional Limited Warranties and Remedies” section of the Enterprise Platform License Terms and the Cloud Platform License Terms is deleted and replaced with the following: “We warrant that for a period of one (1) year from the date of an order (“Warranty Period”) each Product listed on the order and Updates delivered for the Products during the Warranty Period will conform to the technical specifications set forth in the Documentation. For any breach of warranty set forth above, we shall remedy the breach by correcting the defect or replacing the defected Product. In case we are unable within a reasonable period of time to remedy the breach, you may request a reduction of the fees paid for the defected Product (“Minderung”) or rescind the contract (“Rücktritt”). You may not rescind the contract if the defect is not material. Furthermore, you can claim damages (“Schadensersatz”) from us in accordance with the Limitation of Liability section of the General Terms. Defects shall be notified to us in writing, the notice containing details of the error symptoms, to the extent possible evidenced by written documentation. The notice shall enable us to reproduce the error or defect.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the respective German, Austrian or Swiss CPI.Act