Common use of United Arab Emirates (Middle East) Clause in Contracts

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 Floor 4 Office No. 401 - 404, 420, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 10 contracts

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

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United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet CityXxxxx Xxxxxxxx Xxxx, Building 11 Floor 4 Xxxxxxxx 00 Xxxxx 0 Office NoXx. 401 000 - 404000, 420000, DubaiXxxxx, United Arab EmiratesXxxxxx Xxxx Xxxxxxxx, and the following terms apply: : (a) the Governing Law will be the laws of England and Wales; and 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 England and Wales; and 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and and (d) the third sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999Xxx 0000.”; and and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 8 contracts

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

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 2105100000, whose registered office is at Dubai Internet Cityxxxxx xxxxxxxxxx xxxxxx xx xx Xxxxx Xxxxxxxx Xxxx, Building 11 Floor 4 Office Xxxxxxxx 00 Xxxxx 0 Xxxxxx No. 401 - 404, 420, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.and

Appears in 2 contracts

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

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 1, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 2 contracts

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

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 Floor 4 Office No. 401 - 404, 420, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.those

Appears in 2 contracts

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

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 1, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: : (a) the Governing Law will be the laws of England and Wales; and 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 England and Wales; and 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 2 contracts

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

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 2105100000, whose registered office is at Dubai Internet Cityxxxxx xxxxxxxxxx xxxxxx xx xx Xxxxx Xxxxxxxx Xxxx, Building 11 Floor 4 Office Xxxxxxxx 00 Xxxxx 0 Xxxxxx No. 401 - 404, 420, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 2 contracts

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

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 Floor 4 Office No. 401 - 404, 420, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.and

Appears in 2 contracts

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

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet CityXxxxx Xxxxxxxx Xxxx, Building 11 Floor 4 Office No. 401 - 404Xxxxxxxx 00, 420Xxxxx 00, DubaiXxxxxx 000, United Arab EmiratesXxxxx, Xxxxxx Xxxx Xxxxxxxx, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 41, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 41, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.those

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 41, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: : (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 Office No. 401 - 40441, 420Office106, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

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United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet CityXxxxx Xxxxxxxx Xxxx, Building 11 Floor 4 Xxxxxxxx 00, Xxxxx 1, Office No. 401 - 404000, 420Xxxxx, Dubai, United Arab EmiratesXxxxxx Xxxx Xxxxxxxx, and the following terms apply: : (a) the Governing Law will be the laws of England and Wales; and 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 England and Wales; and 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999Xxx 0000.”; and and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 Floor 4 Office NoXx. 401 000 - 404000, 420000, DubaiXxxxx, United Arab EmiratesXxxxxx Xxxx Xxxxxxxx, and the following terms apply: : (a) the Governing Law will be the laws of England and Wales; and 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 England and Wales; and 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and and (d) the third sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 1, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: : (a) the Governing Law will be the laws of England and Wales; and 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 England and Wales; and 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 41, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 41, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet City, Building 11 20, Floor 4 41, Office No. 401 - 404, 420106, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

United Arab Emirates (Middle East). If the Territory is the United Arab Emirates, the MicroStrategy contracting entity on the order is MicroStrategy Middle East FZ-LLC, a Free Zone Limited Liability Company, registered in the Emirate of Dubai, with company number 21051, whose registered office is at Dubai Internet CityXxxxxxxx Xxxx, Building 11 Floor 4 Office No. 401 - 404Xxxxxxxx 00, 420Xxxxx 00, Xxxxxx 106, Dubai, United Arab Emirates, and the following terms apply: (a) the Governing Law will be the laws of England and Wales; 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 England and Wales; 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, (b) bodily injuries or death caused by us, (c) the damages resulting from one of the 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 (i) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (ii) US$ 300,000.”; and (d) the third second sentence of the “Data Protection” section of the General Terms is deleted and replaced with the following: “We have implemented appropriate technical, organizational, and security measures designed to safeguard and protect Protected Data provided by you to us and we may access, use and transfer such Protected Data to our affiliates and third parties (including those located outside of the European Economic Area and the United Arab Emirates) only for the purposes of fulfilling our obligations and exercising our rights, providing information to you and complying with our legal and auditing requirements.”; and (e) 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 any person not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.”; and (f) references to “CPI” in the Agreement will be deemed to refer to the Consumer Price Index for the United Kingdom for the previous 12 months.

Appears in 1 contract

Samples: Software License and Services Agreement

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