Common use of France Clause in Contracts

France. If the Territory is France, the MicroStrategy contracting entity on the order is MicroStrategy France SARL, with offices at Tour Atlantique, 1, Place de la Pyramide, La Défense 9, 92911 Paris La Défense, France, and the following terms apply: (a) The Governing Law will be the laws of France; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the Courts of the Paris Court of Appeal; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for (a) our obligations under the “Indemnification” section of this Agreement, (b) damages resulting from your breach of our intellectual property rights, (c) damages resulting from fraud, gross negligence or willful misconduct of any party, or (d) bodily injury or death caused by the negligence of a party, 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) EUR 300,000.”; and (d) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “nine (9) months;” and (e) references to “CPI” will be deemed to refer to the “Syntec index” which will be calculated using the following formula: P = (P0 x S1)/S0, in which P is the revised price, P0 is the fixed price of the order, S0 is the last Syntec index published at the time of the signature of the order and S1 is the latest Syntec index published on the date of the revision.

France. If the Territory is France, the MicroStrategy contracting entity on the order is MicroStrategy France SARL, with offices at Tour AtlantiqueWOJO Neuilly-sur-Seine, 100 Xxxxxx Xxxxxxx xx Xxxxxx, Place de la Pyramide, La Défense 9, 92911 Paris La Défense92200 Neuilly-sur-Seine, France, and the following terms apply: (a) The Governing Law will be the laws of France; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the Courts of the Paris Court of Appeal; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for (a) our obligations under the “Indemnification” section of this Agreement, (b) damages resulting from your breach of our intellectual property rights, (c) damages resulting from fraud, gross negligence or willful misconduct of any party, or (d) bodily injury or death caused by the negligence of a party, 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) EUR 300,000.”; and (d) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “nine (9) months;” and (e) references to “CPI” will be deemed to refer to the “Syntec index” which will be calculated using the following formula: P = (P0 x S1)/S0, in which P is the revised price, P0 is the fixed price of the order, S0 is the last Syntec index published at the time of the signature of the order and S1 is the latest Syntec index published on the date of the revision.

France. If the Territory is France, the MicroStrategy contracting entity on the order is MicroStrategy France SARL, with offices at Tour AtlantiqueWOJO Neuilly-sur-Seine, 100 Xxxxxx Xxxxxxx xx Xxxxxx, Place de la Pyramide, La Défense 9, 92911 Paris La Défense, 92200 Neuilly-sur-Seine France, and the following terms apply: (a) The Governing Law will be the laws of France; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the Courts of the Paris Court of Appeal; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “To the maximum extent permitted by law and except for (a) our obligations under the “Indemnification” section of this Agreement, (b) damages resulting from your breach of our intellectual property rights, (c) damages resulting from fraud, gross negligence or willful misconduct of any party, or (d) bodily injury or death caused by the negligence of a party, 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) EUR 300,000.”; and (d) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “nine (9) months;” and (e) references to “CPI” will be deemed to refer to the “Syntec index” which will be calculated using the following formula: P = (P0 x S1)/S0, in which P is the revised price, P0 is the fixed price of the order, S0 is the last Syntec index published at the time of the signature of the order and S1 is the latest Syntec index published on the date of the revision.