Common use of Portugal Clause in Contracts

Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da República, 50, 2nd floor, office 202, 1050-196 Lisboa, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 0000-000 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).

Appears in 6 contracts

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

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Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da República, 50, 2nd floor, office 202, 1050-196 Lisboa, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 000050 1050-000 196 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).and

Appears in 4 contracts

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

Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da República, 50, 2nd floor, office 202, 1050-196 Lisboa, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 000050 1050-000 196 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).

Appears in 4 contracts

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

Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da República, 50, 2nd floor, office 202, 1050-196 Lisboa, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 0000-000 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).and

Appears in 3 contracts

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

Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da RepúblicaXxxxxxx xx Xxxxxxxxx, 5000, 2nd floor0xx xxxxx, office xxxxxx 202, 1050-196 Lisboa, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 0000-000 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).

Appears in 2 contracts

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

Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da RepúblicaXxxxxxx xx Xxxxxxxxx, 5000, 2nd floor0xx xxxxx, office xxxxxx 202, 1050-196 Lisboa, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 0000-000 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).and

Appears in 2 contracts

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

Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da RepúblicaRua Xxxxxx Xxxxxxx xx Oliveira, 50nº 18, 2nd floorpiso 3 - sala 505, office 2022745-167 Queluz, 1050-196 Lisboafreguesia de Queluz- Belas e concelho de Sintra, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 0000-000 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).

Appears in 1 contract

Samples: Software License and Services Agreement

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Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da República, 50, 2nd floor, office 202, 1050-196 Lisboa, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 0000-000 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).and

Appears in 1 contract

Samples: Software License and Services Agreement

Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da RepúblicaRua Mateus Vicente de Oliveira, 50nº 18, 2nd floorpiso 3 - sala 505, office 2022745-167 Queluz, 1050-196 Lisboafreguesia de Queluz- Belas e concelho de Sintra, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 000050 1050-000 196 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxxcrequest@microstrategy.com”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).and

Appears in 1 contract

Samples: Software License and Services Agreement

Portugal. If the Territory is Portugal, the MicroStrategy contracting entity on the order is MicroStrategy Portugal, Sociedade Unipessoal, Lda, with offices at Avenida da RepúblicaXxxxxxx xx Xxxxxxxxx, 5000, 2nd floor0xx xxxxx, office xxxxxx 202, 1050-196 Lisboa, Portugal, and the following terms apply: (a) the Governing Law will be the laws of Portugal; 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 Lisbon, Portugal; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this Agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each 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. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth, fifth and sixth sentences of the “Orders and Payment” section of the General Terms are deleted and replaced with the following: “If any undisputed invoice governed by this Agreement, remains unpaid for thirty (30) or more days after it is due, we may, without limiting our other rights and remedies, suspend technical support services until such amounts are paid in full. In addition, any amounts which remain unpaid after the due date will be subject to the applicable legal interest rates, from the due date until such amount is paid.”; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Portugal, Sociedade Unipessoal LDA, Attention: Legal Representative, at Regus Lisboa, Avenida da República, 00 0000-000 Lisboa, Portugal; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the following is added as the last sentence to the “Assignment” section of the General Terms: “Unless expressly stated in this Agreement, nothing in this Agreement confers or is intended to confer any rights to third parties under the terms of the Copyright Code.”; and (g) 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 “twelve (12) months;” and (h) subsection (b) of the “Additional Limited Warranties and Remedies” section of the Enterpise Platform License Terms is deleted; and (i) references to “CPI” in the Agreement will be deemed to refer to “Portugal CPI” (Índice de Preço ao Consumidor).and

Appears in 1 contract

Samples: Software License and Services Agreement

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