Common use of Warranties and Remedies Clause in Contracts

Warranties and Remedies. 6.1 MicroStrategy warrants that: a. for a period of six (6) months from the Effective Date of an Order (“Warranty Period”), the Software listed on such Order and Updates delivered for such Software during the Warranty Period will perform in substantial conformance with the technical specifications set forth in the Documentation. b. prior to release, MicroStrategy scans each version of the Software using a nationally recognized virus scanning program; c. MicroStrategy will not materially decrease the level of Technical Support Services provided during an active subscription to such Technical Support Services. d. its employees and subcontractors shall perform the Services listed on an Order in a manner conforming to generally accepted industry standards and practices. 6.2 Both parties warrant to each other that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of Licensee. 6.3 Licensee warrants that: a. it will not use the Products in a manner that violates an individual’s privacy right set forth by statute, rule, regulation or case law; b. it will not export the Products to embargoed countries and those countries designated as supporting terrorist activities by the United States government; and c. it and all of its employees, agents and contractors are not on the list of entities or individuals maintained by the United States government that prohibit it from receiving exports. 6.4 No other warranties, express or implied, are made with respect to the Products, Technical Support Services or Services supplied by MicroStrategy hereunder, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, systems integration, title, satisfactory quality and non-infringement. 6.5 MICROSTRATEGY AND ITS AFFILIATES DO NOT WARRANT THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PRODUCTS WILL MEET ANY NEED OR REQUIREMENT OF LICENSEE. 6.6 For any breach of the warranties listed below, Licensee’s exclusive remedy, and MicroStrategy’s entire liability, shall be: Section 6.1 (a): (1) the correction of Software errors that caused the breach of the warranty, (2) replacement of the Software, or (3) if neither of the foregoing can be reasonably effected by MicroStrategy, return of the fees paid to MicroStrategy for the license of such Software, provided that such Software is returned to MicroStrategy; b. Section 6.1 (d): re-performance of the Services by MicroStrategy at no cost to Licensee.

Warranties and Remedies. 6.1 5.1 MicroStrategy warrants that: a. for a period of six (6) months from the Effective Date of an Order (“Warranty Period”), the Software listed on such Order and Updates delivered for such Software during the Warranty Period will perform in substantial conformance with the technical specifications set forth in the Documentation. b. prior to release, MicroStrategy scans each version of the Software using a nationally recognized virus scanning program; c. MicroStrategy will not materially decrease the level of Technical Support Services provided during an active subscription to such Technical Support Services. d. its employees and subcontractors shall perform the Services listed on an Order in a manner conforming to generally accepted industry standards and practices. 6.2 5.2 Both parties warrant to each other that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of Licenseesuch party. 6.3 5.3 Licensee warrants that: a. it will not use the Products in a manner that violates an individual’s privacy right set forth by statute, rule, regulation or case law; b. it will not export the Products to embargoed countries and those countries designated as supporting terrorist activities by the United States government; and c. it and all of its employees, agents and contractors are not on the list of entities or individuals maintained by the United States government that prohibit it from receiving exports. 6.4 5.4 No other warranties, express or implied, are made with respect to the Products, Technical Support Services or Services supplied by MicroStrategy hereunder, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, systems integration, title, satisfactory quality and non-infringement... 6.5 5.5 MICROSTRATEGY AND ITS AFFILIATES DO NOT WARRANT THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE, OR THAT THE PRODUCTS WILL MEET ANY NEED OR REQUIREMENT OF LICENSEE. 6.6 5.6 For any breach of the warranties listed below, Licensee’s exclusive remedy, and MicroStrategy’s entire liability, shall be: Section 6.1 5.1 (a): (1) the correction of Software errors that caused the breach of the warranty, (2) replacement of the Software. After attempting the foregoing, or (3) if neither of using commercially reasonable efforts, MicroStrategy shall have the foregoing can be reasonably effected by MicroStrategy, right to terminate the licenses granted herein and return of the to Licensee all fees paid to MicroStrategy for the license of such Software, provided that such Software is returned to MicroStrategy;infringing Product. b. Section 6.1 5.1 (d): re-performance of the Services by MicroStrategy at no cost to Licensee. If you have ordered an evaluation or proof of concept license, the terms and conditions in the Evaluation License Grant part (Clauses 6 and 7) shall apply, and the terms and conditions in the Perpetual License Grant part shall not apply.

Warranties and Remedies. 6.1 5.1 MicroStrategy warrants that: a. for a period of six (6) months from the Effective Date of an Order (“Warranty Period”), the Software listed on such Order and Updates delivered for such Software during the Warranty Period will perform in substantial conformance with the technical specifications set forth in the Documentation. b. prior to release, MicroStrategy scans each version of the Software using a nationally recognized virus scanning program; c. MicroStrategy will not materially decrease the level of Technical Support Services provided during an active subscription to such Technical Support Services. d. its employees and subcontractors shall perform the Services listed on an Order in a manner conforming to generally accepted industry standards and practices. 6.2 5.2 Both parties warrant to each other that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of Licenseesuch party. 6.3 5.3 Licensee warrants that: a. it will not use the Products in a manner that violates an individual’s privacy right set forth by statute, rule, regulation or case law; b. it will not export the Products to embargoed countries and those countries designated as supporting terrorist activities by the United States government; and c. it and all of its employees, agents and contractors are not on the list of entities or individuals maintained by the United States government that prohibit it from receiving exports. 6.4 5.4 No other warranties, express or implied, are made with respect to the Products, Technical Support Services or Services supplied by MicroStrategy hereunder, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, systems integration, title, satisfactory quality and non-infringement.. 5.5 MicroStrategy and its Affiliates do not warrant that use of the Products will be uninterrupted or error- free, or that the Products will meet any need or requirement of Licensee. 6.5 MICROSTRATEGY AND ITS AFFILIATES DO NOT WARRANT THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PRODUCTS WILL MEET ANY NEED OR REQUIREMENT OF LICENSEE. 6.6 5.6 For any breach of the warranties listed below, Licensee’s exclusive remedy, and MicroStrategy’s entire liability, shall be: Section 6.1 5.1 (a): (1) the correction of Software errors that caused the breach of the warranty, (2) replacement of the Software. After attempting the foregoing, or (3) if neither of using commercially reasonable efforts, MicroStrategy shall have the foregoing can be reasonably effected by MicroStrategy, right to terminate the licenses granted herein and return of the to Licensee all fees paid to MicroStrategy for the license of such Software, provided that such Software is returned to MicroStrategy;infringing Product. b. Section 6.1 5.1 (d): re-performance of the Services by MicroStrategy at no cost to Licensee. If you have ordered an evaluation or proof of concept license, the terms and conditions in the Evaluation License Grant part (Clauses 6 and 7) shall apply, and the terms and conditions in the Perpetual License Grant part shall not apply.

Warranties and Remedies. 6.1 MicroStrategy warrants that: a. for a period of six (6) months from the Effective Date of an Order (“Warranty Period”), the Software listed on such Order and Updates delivered for such Software during the Warranty Period will perform in substantial conformance with the technical specifications set forth in the Documentation. b. prior to release, MicroStrategy scans each version of the Software using a nationally recognized virus scanning program; c. MicroStrategy will not materially decrease the level of Technical Support Services provided during an active subscription to such Technical Support Services. d. its employees and subcontractors shall perform the Services listed on an Order in a manner conforming to generally accepted industry standards and practices. 6.2 Both parties warrant to each other that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority legal power to enter into this Agreement or any such Order on behalf of LicenseeOrder. 6.3 Licensee warrants that: a. it will not use the Products in a manner that violates an individual’s privacy right set forth by statute, rule, regulation or case law; b. it will not export the Products to embargoed countries and those countries designated as supporting terrorist activities by the United States government; and c. it and all of its employees, agents and contractors are not on the list of entities or individuals maintained by the United States government that prohibit it from receiving exports. 6.4 No other warranties, express or implied, are made with respect to the Products, Technical Support Services Products or Services supplied by MicroStrategy hereunder, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, systems integration, title, satisfactory quality and non-infringement... 6.5 MICROSTRATEGY AND ITS AFFILIATES DO NOT WARRANT THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERRORMicroStrategy and its Affiliates do not warrant that use of the Products will be uninterrupted or error-FREEfree, OR THAT THE PRODUCTS WILL MEET ANY NEED OR REQUIREMENT OF LICENSEEor that the Products will meet any need or requirement of Licensee. 6.6 For any breach of the warranties listed below, Licensee’s exclusive remedy, and MicroStrategy’s entire liability, shall be: Section 6.1 (a): (1) the correction of Software errors that caused the breach of the warranty, (2) replacement of the Software, or (3) if neither of the foregoing can be reasonably effected by MicroStrategy, return of the fees paid to MicroStrategy for the license of such Software, provided that such Software is returned to MicroStrategy; b. Section 6.1 (d): re-performance of the Services by MicroStrategy at no cost to Licensee.

Warranties and Remedies. 6.1 MicroStrategy warrants that: a. for a period of six (6) months from the Effective Date of an Order (“Warranty Period”), the Software listed on such Order and Updates delivered for such Software during the Warranty Period will perform in substantial conformance with the technical specifications set forth in the Documentation. b. prior to release, MicroStrategy scans each version of the Software using a nationally recognized virus scanning program; c. MicroStrategy will not materially decrease the level of Technical Support Services provided during an active subscription to such Technical Support Services. d. its employees and subcontractors shall perform the Services listed on an Order in a manner conforming to generally accepted industry standards and practices. 6.2 Both parties warrant to each other that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of Licenseesuch party. 6.3 Licensee warrants that: a. it will not use the Products in a manner that violates an individual’s privacy right set forth by statute, rule, regulation or case law; b. it will not export the Products to embargoed countries and those countries designated as supporting terrorist activities by the United States government; and c. it and all of its employees, agents and contractors are not on the list of entities or individuals maintained by the United States government that prohibit it from receiving exports. 6.4 No other warranties, express or implied, are made with respect to the Products, Technical Support Services or Services supplied by MicroStrategy hereunder, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, systems integration, title, satisfactory quality and non-infringement. 6.5 MICROSTRATEGY AND ITS AFFILIATES DO NOT WARRANT THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERRORMicroStrategy and its Affiliates do not warrant that use of the Products will be uninterrupted or error-FREEfree, OR THAT THE PRODUCTS WILL MEET ANY NEED OR REQUIREMENT OF LICENSEEor that the Products will meet any need or requirement of Licensee. 6.6 For any breach of the warranties listed below, Licensee’s exclusive remedy, and MicroStrategy’s entire liability, shall be: Section 6.1 (a): (1) the correction of Software errors that caused the breach of the warranty, (2) replacement of the Software, or (3) if neither of the foregoing can be reasonably effected by MicroStrategy, return of the fees paid to MicroStrategy for the license of such Software, provided that such Software is returned to MicroStrategy; b. Section 6.1 (d): re-performance of the Services by MicroStrategy at no cost to Licensee.

Warranties and Remedies. 6.1 MicroStrategy warrants that: a. for a period of six (6) months from the Effective Date of an Order (“Warranty Period”), the Software listed on such Order and Updates delivered for such Software during the Warranty Period will perform in substantial conformance with the technical specifications set forth in the Documentation. b. prior to release, MicroStrategy scans each version of the Software using a nationally recognized virus scanning program; c. MicroStrategy will not materially decrease the level of Technical Support Services provided during an active subscription to such Technical Support Services. d. its MicroStrategy’s employees and subcontractors shall perform the Services listed on an Order in a manner conforming to generally accepted industry standards and practices. 6.2 Both parties warrant to each other that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of Licenseesuch party. 6.3 Licensee warrants that: a. it Licensee will not use the Products in a manner that violates an individual’s privacy right set forth by statute, rule, regulation or case law; b. it Licensee will not export the Products to embargoed countries and those countries designated as supporting terrorist activities by the United States government; and c. it Licensee and all of its employees, agents and contractors are not on the list of entities or individuals maintained by the United States government that prohibit it from receiving exports. 6.4 No other warranties, express or implied, are made with respect to the Products, Technical Support Services or Services supplied by MicroStrategy hereunder, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, systems integration, title, satisfactory quality and non-infringement. 6.5 MICROSTRATEGY AND ITS AFFILIATES DO NOT WARRANT THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREEMicroStrategy and its Affiliates do not warrant that use of the Products will be uninterrupted or error- free, OR THAT THE PRODUCTS WILL MEET ANY NEED OR REQUIREMENT OF LICENSEEor that the Products will meet any need or requirement of Licensee. 6.6 For any breach of the warranties listed below, Licensee’s exclusive remedy, and MicroStrategy’s entire liability, shall be: Section 6.1 (a): (1) the correction of Software errors that caused the breach of the warranty, (2) replacement of the Software, or (3) if neither of the foregoing can be reasonably effected by MicroStrategy, return of the fees paid to MicroStrategy for the license of such Software, provided that such Software is returned to MicroStrategy; b. Section 6.1 (d): re-performance of the Services by MicroStrategy at no cost to Licensee.

Warranties and Remedies. 6.1 5.1 MicroStrategy warrants that: a. for a period of six (6) months from the Effective Date of an Order (“Warranty Period”), the Software listed on such Order and Updates delivered for such Software during the Warranty Period will perform in substantial conformance with the technical specifications set forth in the Documentation. b. prior to release, MicroStrategy scans each version of the Software using a nationally recognized virus scanning program; c. MicroStrategy will not materially decrease the level of Technical Support Services provided during an active subscription to such Technical Support Services. d. its employees and subcontractors shall perform the Services listed on an Order in a manner conforming to generally accepted industry standards and practices. 6.2 5.2 Both parties warrant to each other that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of Licenseesuch party. 6.3 5.3 Licensee warrants that: a. it will not use the Products in a manner that violates an individual’s privacy right set forth by statute, rule, regulation or case law; b. it will not export the Products to embargoed countries and those countries designated as supporting terrorist activities by the United States government; and c. it and all of its employees, agents and contractors are not on the list of entities or individuals maintained by the United States government that prohibit it from receiving exports. 6.4 5.4 No other warranties, express or implied, are made with respect to the Products, Technical Support Services or Services supplied by MicroStrategy hereunder, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, systems integration, title, satisfactory quality and non-infringement... 6.5 5.5 MICROSTRATEGY AND ITS AFFILIATES DO NOT WARRANT THAT USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE, OR THAT THE PRODUCTS WILL MEET ANY NEED OR REQUIREMENT OF LICENSEE. 6.6 5.6 For any breach of the warranties listed below, Licensee’s exclusive remedy, and MicroStrategy’s entire liability, shall be: Section 6.1 5.1 (a): (1) the correction of Software errors that caused the breach of the warranty, (2) replacement of the Software, or (3) if neither of the foregoing can be reasonably effected by MicroStrategy, return of the fees paid to MicroStrategy for the license of such Software, provided that such Software is returned to MicroStrategy; b. Section 6.1 5.1 (d): re-performance of the Services by MicroStrategy at no cost to Licensee. If you have ordered an evaluation or proof of concept license, the terms and conditions in the Evaluation License Grant part (Clauses 6 and 7) shall apply, and the terms and conditions in the Perpetual License Grant part shall not apply.