Common use of Poland Clause in Contracts

Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Prosta 67, 00-838 Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; 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 Warsaw; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for A) our obligations under the “Indemnification” section of this Agreement, B) bodily injuries or death caused by us, C) for the damages resulting from a party’s gross negligence, fraud or intentional misconduct, or D) your breach of our intellectual property rights or export laws, the cumulative aggregate liability of either party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and b) EUR 300,000.”.

Appears in 3 contracts

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

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Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Prosta 67, 00-838 Warsaw838Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; 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 Warsaw; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for A) our obligations under the “Indemnification” section of this Agreement, B) bodily injuries or death caused by us, ; C) for the damages resulting from a party’s gross negligence, fraud or intentional misconduct, or D) your breach of our intellectual property rights or export laws, the cumulative aggregate liability of either party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and b) EUR 300,000.”.

Appears in 2 contracts

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

Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Prosta 67, 00-838 Warsaw, Poland and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; 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 Warsaw; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for A) our A)our obligations under the “Indemnification” section of this Agreement, B) bodily injuries or death caused by us, ; C) for the damages resulting from a party’s gross negligence, fraud or intentional misconduct, or D) your breach of our intellectual property rights or export laws, the cumulative aggregate liability of either party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and bB) EUR 300,000.”.

Appears in 2 contracts

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

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Poland. If the Territory is Poland, the MicroStrategy contracting entity on the order is MicroStrategy Poland sp. z o.o. with offices at Prosta 67Xxxxxx 00, 00-838 Warsaw000 Xxxxxx, Poland Xxxxxx and the following terms apply: (a) the Governing Law will be the laws of Republic of Poland; 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 Warsaw; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for A) our obligations under the “Indemnification” section of this Agreement, B) bodily injuries or death caused by us, C) for the damages resulting from a party’s gross negligence, fraud or intentional misconduct, or D) your breach of our intellectual property rights or export laws, the cumulative aggregate liability of either party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and b) EUR 300,000.”.

Appears in 1 contract

Samples: Software License and Services Agreement

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