Common use of United Kingdom (and other Territories) Clause in Contracts

United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Macedonia, Bulgaria, Estonia, Croatia, Norway, Chile, or in any other country not otherwise provided for in this Schedule 1,the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick Xxxx, Building 4, 3rd Floor, 566 Chiswick High Road, Chiswick, London W4 5YE, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: “CPI” means the latest published percentage increase in Consumer Price Index in Turkey at the time of renewal.”; and (f) Additionally, but only if the Territory is Chile, the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

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United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Belarus, Russia, Macedonia, Bulgaria, Estonia, Croatia, Norway, Israel, or Chile, or in any other country not otherwise provided for in this Schedule 1,the the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor10, 566 Chiswick High Road, Chiswick, London W4 5YE5Xs, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: references to “CPI” means in the latest published percentage increase in Consumer Price Index in Turkey at the time of renewalAgreement will be deemed to refer to “UK CPI.”; and (f) Additionally, but only if the Territory is Chile, the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Macedonia, Bulgaria, Estonia, Croatia, Norway, , Chile, or in any other country not otherwise provided for in this Schedule 1,the 1, the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor, 566 Chiswick High Road, Chiswick, London W4 5YE, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: “CPI” means the latest published percentage increase in Consumer Price Index in Turkey at the time of renewal.”; and (f) Additionally, but only if the Territory is Chile, the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Macedonia, Bulgaria, Estonia, Croatia, Norway, , Chile, or in any other country not otherwise provided for in this Schedule 1,the 1, the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor, 566 Chiswick High Road, Chiswick, London W4 5YE, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: “CPI” means the latest published percentage increase in Consumer Price Index in Turkey at the time of renewal.”; and (f) Additionally, but only if the Territory is Chile, (i) the “Renewal of Enterprise Platform Term Licenses” section of the Enterprise Platform License Terms, the “Renewal of Cloud Platform Term Licenses” section of the Cloud Platform License Terms, and the “Renewal of MCE Service” section of the MicroStrategy Cloud Environment Service Terms are inapplicable and (ii) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Macedonia, Bulgaria, Estonia, Croatia, Norway, Chile, or in any other country not otherwise provided for in this Schedule 1,the 1, the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor, 566 Chiswick High Road, Chiswick, London W4 5YE, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: “CPI” means the latest published percentage increase in Consumer Price Index in Turkey at the time of renewal.”; and (f) Additionally, but only if the Territory is Chile, (i) the “Renewal of Enterprise Platform Term Licenses” section of the Enterprise Platform License Terms, the “Renewal of Cloud Platform Term Licenses” section of the Cloud Platform License Terms, and the “Renewal of MCE Service” section of the MicroStrategy Cloud Environment Service Terms are inapplicable and (ii) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Macedonia, Bulgaria, Estonia, Croatia, Norway, Chile, or in any other country not otherwise provided for in this Schedule 1,the 1, the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor, 566 Chiswick High Road, Chiswick, London W4 5YE, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: “CPI” means the latest published percentage increase in Consumer Price Index in Turkey at the time of renewal.”; and (f) Additionally, but only if the Territory is Chile, the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Belarus, Russia, Macedonia, Bulgaria, Estonia, Croatia, Norway, Chile, or in any other country not otherwise provided for in this Schedule 1,the 1, the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor, 566 Chiswick High Road, Chiswick, London W4 5YE, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: references to “CPI” means in the latest published percentage increase in Consumer Price Index in Turkey at the time of renewalAgreement will be deemed to refer to “UK CPI.”; and (f) Additionally, but only if the Territory is Chile, the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

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United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Macedonia, Bulgaria, Estonia, Croatia, Norway, or Chile, or in any other country not otherwise provided for in this Schedule 1,the the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor10, 566 Chiswick High Road, Chiswick, London W4 5YE5Xs, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: “CPI” means the latest published percentage increase in Consumer Price Index in Turkey at the time of renewal.”; and (f) Additionally, but only if the Territory is Chile, (i) the “Renewal of Enterprise Platform Term Licenses” section of the Enterprise Platform License Terms, the “Renewal of Cloud Platform Term Licenses” section of the Cloud Platform License Terms, and the “Renewal of MCE Service” section of the MicroStrategy Cloud Environment Service Terms are inapplicable and (ii) the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Belarus, Russia, Macedonia, Bulgaria, Estonia, Croatia, Norway, Chile, or in any other country not otherwise provided for in this Schedule 1,the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor, 566 Chiswick High Road, Chiswick, London W4 5YE, United Kingdom, 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) GBP 300,000.”; and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: references to “CPI” means in the latest published percentage increase in Consumer Price Index in Turkey at the time of renewalAgreement will be deemed to refer to “UK CPI.”; and (fe) Additionally, but only if the Territory is Chile, the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

United Kingdom (and other Territories). If the Territory is a country located in the United Kingdom, Greece, Serbia, Slovakia, Hungary, Ireland, Slovenia, Belarus, Russia, Macedonia, Bulgaria, Estonia, Croatia, Norway, Israel, or Chile, or in any other country not otherwise provided for in this Schedule 1,the the MicroStrategy contracting entity on the order is MicroStrategy Limited, an entity under registered number 02980957 with offices at Chiswick XxxxPark, Building 4, 3rd Floor10, 566 Chiswick High RoadXxxx Xxxx, ChiswickXxxxxxxx, London W4 5YEXxxxxx X0 0Xx, United KingdomXxxxxx Xxxxxxx, 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) GBP 300,000.”; and and (d) 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 (e) Additionally, but only if the Territory is Turkey, the CPI definition in the “Definition” section of the General Terms is deleted and replaced with the following: references to “CPI” means in the latest published percentage increase in Consumer Price Index in Turkey at the time of renewalAgreement will be deemed to refer to “UK CPI.”; and (f) Additionally, but only if the Territory is Chile, the following language is added after the second sentence of the “Education Passes” subsection of the Services Terms, without otherwise modifying the rest of such “Education Passes” subsection: “Notwithstanding anything to the contrary, Education Pass subscriptions do not include access to any form of MicroStrategy training offered by third parties that have been authorized to provide such training under our MicroStrategy Authorized Training Center program.”.

Appears in 1 contract

Samples: Software License and Services Agreement

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