Common use of Mexico (and other Territories) Clause in Contracts

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx Xxxxxx, XX 00000, Xxxxxx and the following terms apply: (a) the Governing Law will be the laws of Mexico; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 3 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement

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Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Fe, Xxxxxx Xxxxxxx Xxxxxx xx Xxxxxx, Xxxxxx XX 00000, Xxxxxx and the following terms apply: (a) the Governing Law will be the laws of Mexico; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxxx Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 3 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Javier Barros Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx Mexico CP 01376, and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. R.L. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Javier Barros Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx XxxxxxxÁlvaro Obregón Ciudad de Mexico, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000Mexico CP 01376; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 3 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #495000, Piso 2 Oficina 154 ColXxxx 0 Xxxxxxx 000 Xxx. Desarrollo Santa Fe Xxxxxxxxxx Xxxxx Xx Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxCiudad de Mexico, XX 00000CP 01376, Xxxxxx Mexico and the following terms apply: (a) the Governing Law will be the laws of Mexico; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”V.A.

Appears in 2 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx Barros Sierra #495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx CP 01376, Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 2 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Javier Barros Sierra 495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx CP 01376, Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”V.A.

Appears in 2 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Javier Barros Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx Mexico CP 01376, and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. R.L. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Javier Barros Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx XxxxxxxÁlvaro Obregón Ciudad de Mexico, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000Mexico CP 01376; 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 “ninety (90) days.”; and and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Barros Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx Mexico CP 01376, and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. R.L. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Barros Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx XxxxxxxÁlvaro Obregón Ciudad de Mexico, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000Mexico CP 01376; 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 “ninety (90) days.; and and (g) the The following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Barros Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx Mexico CP 01376, and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. R.L. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Barros Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx XxxxxxxÁlvaro Obregón Ciudad de Mexico, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000Mexico CP 01376; 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 “ninety (90) days.; and and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx Javier Barros Sierra #495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx CP 01376, Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx Sierra #495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx Xxxxxx, XX 00000, Xxxxxx and the following terms apply: (a) the Governing Law will be the laws of Mexico; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxxx Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx Javier Barros Sierra #495, Piso 2 Oficina 154 1 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx CP 01376, Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”be

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Fe, Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxCiudad de Mexico, XX 00000CP 01376, Xxxxxx Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”V.A.

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Fe, Xxxxxx Xxxxxxx Xxxxxx xx Xxxxxx, Xxxxxx XX 00000, Xxxxxx and the following terms apply: (a) the Governing Law will be the laws of Mexico; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxxx Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Barros Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx Mexico CP 01376, and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. R.L. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Barros Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx XxxxxxxÁlvaro Obregón Ciudad de Mexico, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000Mexico CP 01376; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

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Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx Javier Barros Sierra #495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx CP 01376, Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #495000, Piso 2 Oficina 154 ColXxxx 0 Xxxxxxx 000 Xxx. Desarrollo Santa Fe Fe, Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxCiudad de Mexico, XX 00000CP 01376, Xxxxxx Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; 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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”V.A.

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Javier Barros Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx Mexico CP 01376, and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. R.L. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Javier Barros Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx XxxxxxxÁlvaro Obregón Ciudad de Mexico, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000Mexico CP 01376; 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 “ninety (90) days.”; and ” ,and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx Javier Barros Sierra #495, Piso 2 Oficina 154 1 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx CP 01376, Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #495000, Piso 2 Oficina 154 ColXxxx 0 Xxxxxxx 000 Xxx. Desarrollo Santa Fe Xxxxxxxxxx Xxxxx Xx Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxCiudad de Mexico, XX 00000CP 01376, Xxxxxx Mexico and the following terms apply: (a) the Governing Law will be the laws of Mexico; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 495, 2nd Floor, office 000, 0xx Xxxxx, office 154, ColXxx. Desarrollo Santa FeXxxxxxxxxx Xxxxx Xx, Xxxxxx Xxxxxxx, Xxxxxx xx XxxxxxCiudad de Mexico, Xxxxxx XX 00000Mexico CP 01376; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx Sierra #495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx Xxxxxx, XX 00000, Xxxxxx and the following terms apply: (a) the Governing Law will be the laws of Mexico; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx Barros Sierra #495, Piso 2 Oficina 154 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx CP 01376, Mexico and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. R.L. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #Javier Barros Sierra 495, Piso 2 Oficina 154 104 Col. Desarrollo Santa Fe Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxFe, XX 00000Álvaro Obregón Ciudad de Mexico, Xxxxxx Mexico CP 01376, and the following terms apply: : (a) the Governing Law will be the laws of Mexico; ; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. R.L. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000Javier Barros Sierra 495, 0xx Xxxxx, office 154, Piso 2 Oficina 104 Col. Desarrollo Santa Fe, Xxxxxx XxxxxxxÁlvaro Obregón Ciudad de Mexico, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000Mexico CP 01376; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”

Appears in 1 contract

Samples: Software License and Services Agreement

Mexico (and other Territories). If the Territory is Mexico, Colombia, Uruguay, Bolivia, Paraguay, Peru, Ecuador or any country located in Central America, the MicroStrategy contracting entity on the order is MicroStrategy Mexico S. de X.X. de C.V., with offices at Xxxxxx Xxxxxx Xxxxxx #495000, Piso 2 Oficina 154 ColXxxx 0 Xxxxxxx 000 Xxx. Desarrollo Santa Fe Xxxxxxxxxx Xxxxx Xx Xxxxxx Xxxxxxx Xxxxxx xx XxxxxxCiudad de Mexico, XX 00000CP 01376, Xxxxxx Mexico and the following terms apply: (a) the Governing Law will be the laws of Mexico; (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 Mexico D.F.; 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 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 three and one-half percent (3.5%) per month 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 Mexican Pesos, at the sell rate of the Dollar published by Diario Oficial de la Federación on the day prior to the date of effective payment. Fees listed on an order do not include V.A.T. 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 Xxxxx is deleted and replaced with the following: “You will provide notices to: MicroStrategy Mexico S. de X.X. de C.V., Attention: Legal Representative, Xxxxxx Xxxxxx Xxxxxx 000, 0xx Xxxxx, office 154, Col. Desarrollo Santa Fe, Xxxxxx Xxxxxxx, Xxxxxx xx Xxxxxx, Xxxxxx XX 00000; 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 “ninety (90) days.”; and (g) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”late

Appears in 1 contract

Samples: Software License and Services Agreement

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