Global Terms. The following terms and conditions supplement or modify the terms and conditions of the MLSA to the extent that Customer is subject to the laws of any of the countries set out below. In the event of any inconsistencies between this Global Appendix and any other provision of this MLSA, this Global Appendix shall prevail. Unless expressly amended in this Global Appendix, the provisions of this MLSA shall remain in full force and effect I. In Section “MLSA Term” the words “may terminate,” “are terminated,” “will terminate” are replaced with “terminate as of right (“de plein droit”) without any judicial formalities.” I. In Section “Prohibited Conduct”, after the words “does not comply with this agreement or applicable laws and regulations” the following words are added: “unless specifically allowed according to §§ 69d et seq. of the German Copyright Act.” II. In Section “Software Warranty”, the following is added before the end of the first sentence: “Snow further warrants the Software, as delivered: will not contain any virus or other computer software routines intentionally designed to permit unauthorized access to or use of either the Software’s or Customer’s computer systems.” III. Section 14.c.4. is deleted and replaced with “SNOW’S OBLIGATIONS UNDER SECTION “Indemnification”. IV. In Section “Invoicing and Payment”, after the words “30 days of the date of”, the following words are added: “Customer’s receipt of.” I. In Section “Prohibited Conduct” replace the words “except and only to the extent applicable law allows even when this MLSA does not” with the following: “to the extent this restriction is not prohibited by law, and subject to any rights under the Australian Copyright Act that cannot be excluded by this MLSA.” I. The following shall be added to the recitals in the MLSA: “BY ACCESSING OR USING THE PRODUCTS (AS DEFINED BELOW) WITHOUT AN APPLICABLE AGREEMENT OR BY OTHERWISE AGREEING IN WRITING TO THE TERMS AND CONDITIONS SET FORTH HEREIN, CUSTOMER HEREBY ACCEPTS ALL THE TERMS AND CONDITIONS SET OUT HEREUNDER IN THIS MLSA FOR THE RIGHT TO USE THE SOFTWARE AND RECEIVE PROFESSIONAL SERVICES (EACH AS DEFINED BELOW) PROVIDED BY SNOW.” II. The following words shall be added to the end of Section “Mutual Limitation of Liability”: “NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY FOR ANY LIABILITY WHICH MAY NOT LAWFULLY BE EXCLUDED OR LIMITED.” III. The following words shall be added to the end of Section “Basis of the Bargain”: “CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH IN SECTION “Mutual Limitation of Liability” ARE ESSENTIAL ELEMENTS OF THIS MLSA AND THAT IN THE ABSENCE OF SUCH LIMITATION THE PRICES AND OTHER TERMS PROVIDED FOR HEREIN WOULD BE SUBSTANTIALLY DIFFERENT.”
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Global Terms. The following terms and conditions supplement or modify the terms and conditions of the MLSA to the extent that Customer is subject to the laws of any of the countries set out below. In the event of any inconsistencies between this Global Appendix and any other provision of this MLSA, this Global Appendix shall prevail. Unless expressly amended in this Global Appendix, the provisions of this MLSA shall remain in full force and effect
I. In Section Sections “MLSA Term” Termination for Breach”, “Effects of Termination”, and “Remedy”, the words “may terminate,” “are terminated,” “will terminate” are replaced with “terminate as of right (“de plein droit”) without any judicial formalities.”
I. In Section “Prohibited Conduct”, after the words “does not comply with this agreement or applicable laws and regulations” the following words are added: “unless specifically allowed according to §§ 69d et seq. of the German Copyright Act.”
II. In Section “Software Warranty”, the following is added before the end of the first sentence: “Snow further warrants the Software, as delivered: will not contain any virus or other computer software routines intentionally designed to permit unauthorized access to or use of either the Software’s or Customer’s computer systems.”
III. Section 14.c.415.c.4. is deleted and replaced with “SNOW’S OBLIGATIONS UNDER SECTION “Indemnification”.
IV. In Section “Invoicing and Payment”, after the words “30 days of the date of”, the following words are added: “Customer’s receipt of.”
I. In Section “Prohibited Conduct” replace the words “except and only to the extent applicable law allows even when this MLSA does not” with the following: “to the extent this restriction is not prohibited by law, and subject to any rights under the Australian Copyright Act that cannot be excluded by this MLSA.”
I. The following shall be added to the recitals in the MLSA: “BY ACCESSING OR USING THE PRODUCTS (AS DEFINED BELOW) WITHOUT AN APPLICABLE AGREEMENT OR BY OTHERWISE AGREEING IN WRITING TO THE TERMS AND CONDITIONS SET FORTH HEREIN, CUSTOMER HEREBY ACCEPTS ALL THE TERMS AND CONDITIONS SET OUT HEREUNDER IN THIS MLSA FOR THE RIGHT TO USE THE SOFTWARE AND RECEIVE PROFESSIONAL SERVICES (EACH AS DEFINED BELOW) PROVIDED BY SNOW.”
II. The following words shall be added to the end of Section “Mutual Limitation of Liability”: “NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY FOR ANY LIABILITY WHICH MAY NOT LAWFULLY BE EXCLUDED OR LIMITED.”
III. The following words shall be added to the end of Section “Basis of the Bargain”: “CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH IN SECTION “Mutual Limitation of Liability” ARE ESSENTIAL ELEMENTS OF THIS MLSA AND THAT IN THE ABSENCE OF SUCH LIMITATION THE PRICES AND OTHER TERMS PROVIDED FOR HEREIN WOULD BE SUBSTANTIALLY DIFFERENT.”
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Global Terms. The following terms and conditions supplement or modify the terms and conditions of the MLSA to the extent that Customer is subject to the laws of any of the countries set out below. In the event of any inconsistencies between this Global Appendix and any other provision of this MLSA, this Global Appendix shall prevail. Unless expressly amended in this Global Appendix, the provisions of this MLSA shall remain in full force and effect
I. In Section “MLSA Term” the words “may terminate,” “are terminated,” “will terminate” are replaced with “terminate as of right (“de plein droit”) without any judicial formalities.”
I. In Section “Prohibited Conduct”, after the words “does not comply with this agreement or applicable laws and regulations” the following words are added: “unless specifically allowed according to §§ 69d et seq. of the German Copyright Act.”
II. In Section “Software Warranty”, the following is added before the end of the first sentence: “Snow further warrants the Software, as delivered: will not contain any virus or other computer software routines intentionally designed to permit unauthorized access to or use of either the Software’s or Customer’s computer systems.”
III. Section 14.c.4. is deleted and replaced with “SNOW’S OBLIGATIONS UNDER SECTION “Indemnification”.
IV. In Section “Invoicing and Payment”, after the words “30 days of the date of”, the following words are added: “Customer’s receipt of.”
I. In Section “Prohibited Conduct” replace the words “except and only to the extent applicable law allows even when this MLSA does not” with the following: “to the extent this restriction is not prohibited by law, and subject to any rights under the Australian Copyright Act that cannot be excluded by this MLSA.”
I. The following shall be added to the recitals in the MLSA: “BY ACCESSING OR USING THE PRODUCTS (AS DEFINED BELOW) WITHOUT AN APPLICABLE AGREEMENT OR BY OTHERWISE AGREEING IN WRITING TO THE TERMS AND CONDITIONS SET FORTH HEREIN, CUSTOMER HEREBY ACCEPTS ALL THE TERMS AND CONDITIONS SET OUT HEREUNDER IN THIS MLSA FOR THE RIGHT TO USE THE SOFTWARE AND RECEIVE PROFESSIONAL SERVICES (EACH AS DEFINED BELOW) PROVIDED BY SNOW.”
II. The following words shall be added to the end of Section “Mutual Limitation of Liability”: “NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY FOR ANY LIABILITY WHICH MAY NOT LAWFULLY BE EXCLUDED OR LIMITED.”
III. The following words shall be added to the end of Section “Basis of the Bargain”: “CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH IN SECTION “Mutual Limitation of Liability” ARE ESSENTIAL ELEMENTS OF THIS MLSA AND THAT IN THE ABSENCE OF SUCH LIMITATION THE PRICES AND OTHER TERMS PROVIDED FOR HEREIN WOULD BE SUBSTANTIALLY DIFFERENT.” IV. The following words shall be added to Section “Governing Laws and Jurisdiction”: “For purposes of determining the governing law and jurisdiction, the parties acknowledge that Snow is the proponent of this MLSA and of the business transactions embodied herein.”
I. The word ʺSPECIALʺ is deleted from Section “Other.”
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Global Terms. The following terms and conditions supplement or modify the terms and conditions of the MLSA to the extent that Customer is subject to the laws of any of the countries set out below. In the event of any inconsistencies between this Global Appendix and any other provision of this MLSA, this Global Appendix shall prevail. Unless expressly amended in this Global Appendix, the provisions of this MLSA shall remain in full force and effect
I. In Section “MLSA Term” the words “may terminate,” “are terminated,” “will terminate” are replaced with “terminate as of right (“de plein droit”) without any judicial formalities.”
I. In Section “Prohibited Conduct”, after the words “does not comply with this agreement or applicable laws and regulations” the following words are added: “unless specifically allowed according to §§ 69d et seq. of the German Copyright Act.”
II. In Section “Software Warranty”, the following is added before the end of the first sentence: “Snow further warrants the Software, as delivered: will not contain any virus or other computer software routines intentionally designed to permit unauthorized access to or use of either the Software’s or Customer’s computer systems.”
III. Section 14.c.4. is deleted and replaced with “SNOW’S OBLIGATIONS UNDER SECTION “Indemnification”.
IV. In Section “Invoicing and Payment”, after the words “30 days of the date of”, the following words are added: “Customer’s receipt of.”
I. In Section “Prohibited Conduct” replace the words “except and only to the extent applicable law allows even when this MLSA does not” with the following: “to the extent this restriction is not prohibited by law, and subject to any rights under the Australian Copyright Act that cannot be excluded by this MLSA.”
I. The following shall be added to the recitals in the MLSA: “BY ACCESSING OR USING THE PRODUCTS (AS DEFINED BELOW) WITHOUT AN APPLICABLE AGREEMENT OR BY OTHERWISE AGREEING IN WRITING TO THE TERMS AND CONDITIONS SET FORTH HEREIN, CUSTOMER HEREBY ACCEPTS ALL THE TERMS AND CONDITIONS SET OUT HEREUNDER IN THIS MLSA FOR THE RIGHT TO USE THE SOFTWARE AND RECEIVE PROFESSIONAL SERVICES (EACH AS DEFINED BELOW) PROVIDED BY SNOW.”
II. The following words shall be added to the end of Section “Mutual Limitation of Liability”: “NEITHER PARTY EXCLUDES OR LIMITS ITS LIABILITY FOR ANY LIABILITY WHICH MAY NOT LAWFULLY BE EXCLUDED OR LIMITED.”
III. The following words shall be added to the end of Section “Basis of the Bargain”: “CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH IN SECTION “Mutual Limitation of Liability” ARE ESSENTIAL ELEMENTS OF THIS MLSA AND THAT IN THE ABSENCE OF SUCH LIMITATION THE PRICES AND OTHER TERMS PROVIDED FOR HEREIN WOULD BE SUBSTANTIALLY DIFFERENT.” IV. The following words shall be added to Section “Governing Laws and Jurisdiction”: “For purposes of determining the governing law and jurisdiction, the parties acknowledge that Snow is the proponent of this MLSA and of the business transactions embodied herein.”
I. The word ″SPECIAL″ is deleted from Section “Other.”
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