Common use of Governing Laws and Geographic Scope Clause in Contracts

Governing Laws and Geographic Scope. a. Each party is responsible for complying with: i) laws and regulations applicable to its business and Content; and ii) import, export and economic sanction laws and regulations, including defense trade control regime of any jurisdiction, including the International Traffic in Arms Regulations and those of the United States that prohibit or restrict the export, re-export, or transfer of products, technology, services or data, directly or indirectly, to or for certain countries, end uses or end users. b. For purchases in the U.S., any claims arising under or relating to this Agreement will be governed by the internal substantive laws of the State of California or federal courts located in California, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the Parties' rights or duties; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws. For purchases in the U.S., each Party (i) hereby irrevocably agrees to submit to the jurisdiction and venue in the courts of the State of California for all disputes and litigation arising under or relating to this Agreement and (ii) waives any right to a jury trial in any proceeding arising out of or related to this Agreement. For purchasing outside the U.S., both parties agree to the application of the laws of the country in which Customer obtained the Cloud Services to govern, interpret, and enforce all of Customer’s and HCL's respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the Parties' rights or duties; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws. Furthermore, all rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, are subject to the jurisdiction of the courts of the country in which Customer obtained the Cloud Service. c. Unless otherwise agreed by the Parties, the rights and obligations of the Customer are valid only in the country of Customer's business address or the locations identified in the applicable Order. If Customer or any user exports or imports Content or use of any portion of the Cloud Service outside the country of Customer's business address or the location identified in the applicable Order, HCL will not serve as the exporter or importer. If any provision of the Agreement is invalid or unenforceable, the remaining provisions remain in full force and effect. Nothing in the Agreement affects statutory rights of consumers that cannot be waived or limited by contract.

Appears in 3 contracts

Samples: Cloud Services Agreement, Cloud Services Agreement, Cloud Services Agreement

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Governing Laws and Geographic Scope. a. Each party is responsible for complying with: i) laws and regulations applicable to its business and Content; and ii) import, export and economic sanction laws and regulations, including defense trade control regime of any jurisdiction, including the International Traffic in Arms Regulations and those of the United States that prohibit or restrict the export, re-export, transfer (in-country) or re-transfer (in-country) of products, technology, services or data, directly or indirectly, to or for certain countries, end uses or end users. b. For purchases in the U.S., any claims arising under or relating to this Agreement will be governed by the internal substantive laws of the State of California or federal courts located in California, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the Parties' rights or duties; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws. For purchases in the U.S., each Party (i) hereby irrevocably agrees to submit to the jurisdiction and venue in the courts of the State of California for all disputes and litigation arising under or relating to this Agreement and (ii) waives any right to a jury trial in any proceeding arising out of or related to this Agreement. For purchases in the Middle East and African countries, any claims arising under or relating to this Agreement will be governed by English laws, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the Parties’ rights or duties; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws and each Party hereby irrevocably agrees to submit to the jurisdiction and venue in the courts of England for all disputes and litigation arising under or relating to this Agreement. For purchasing outside the U.S., except Middle East and African countries, both parties agree to the application of the laws of the country in which Customer obtained the Cloud Services to govern, interpret, and enforce all of Customer’s and HCLHCLSoftware 's respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the Parties' rights or duties; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws. Furthermore, all rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, are subject to the jurisdiction of the courts of the country in which Customer obtained the Cloud Service. c. Unless otherwise agreed by the Parties, the rights and obligations of the Customer are valid only in the country of Customer's business address or the locations identified in the applicable Order. If Customer or any user exports or imports Content or use of any portion of the Cloud Service outside the country of Customer's business address or the location identified in the applicable Order, HCL HCLSoftware will not serve as the exporter or importer. If any provision of the Agreement is invalid or unenforceable, the remaining provisions remain in full force and effect. Nothing in the Agreement affects statutory rights of consumers that cannot be waived or limited by contract.

Appears in 1 contract

Samples: Cloud Services Agreement

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Governing Laws and Geographic Scope. a. Each party is responsible for complying with: i) laws and regulations applicable to its business and Content; and ii) import, export and economic sanction laws and regulations, including defense trade control regime of any jurisdiction, including the International Traffic in Arms Regulations and those of the United States that prohibit or restrict the export, re-export, transfer (in-country) or re-transfer (in-country) of products, technology, services or data, directly or indirectly, to or for certain countries, end uses or end users. b. For purchases in the U.S., any claims arising under or relating to this Agreement will be governed by the internal substantive laws of the State of California or federal courts located in California, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the Parties' rights or duties; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws. For purchases in the U.S., each Party (i) hereby irrevocably agrees to submit to the jurisdiction and venue in the courts of the State of California for all disputes and litigation arising under or relating to this Agreement and (ii) waives any right to a jury trial in any proceeding arising out of or related to this Agreement. For purchases in the Middle East and African countries, any claims arising under or relating to this Agreement will be governed by English laws, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the Parties’ rights or duties; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws and each Party hereby irrevocably agrees to submit to the jurisdiction and venue in the courts of England for all disputes and litigation arising under or relating to this Agreement. For purchasing outside the U.S., except Middle East and African countries,, both parties agree to the application of the laws of the country in which Customer obtained the Cloud Services to govern, interpret, and enforce all of Customer’s and HCL's respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without reference to (i) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the Parties' rights or duties; (ii) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (iii) other international laws. Furthermore, all rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, are subject to the jurisdiction of the courts of the country in which Customer obtained the Cloud Service. c. Unless otherwise agreed by the Parties, the rights and obligations of the Customer are valid only in the country of Customer's business address or the locations identified in the applicable Order. If Customer or any user exports or imports Content or use of any portion of the Cloud Service outside the country of Customer's business address or the location identified in the applicable Order, HCL will not serve as the exporter or importer. If any provision of the Agreement is invalid or unenforceable, the remaining provisions remain in full force and effect. Nothing in the Agreement affects statutory rights of consumers that cannot be waived or limited by contract.

Appears in 1 contract

Samples: HCL Ana Cloud Services Agreement

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