Common use of Spain Clause in Contracts

Spain. If the Territory is Spain, the MicroStrategy contracting entity on the order is MicroStrategy Iberica, S.L.U., with offices at Xxxxx Xxxxx Xxxx Xxxxxxx 0, Xxxxx Xxxxxxx, Planta 15, 28020 Madrid, Spain, with tax identification number B-60536646, and the following terms apply: (a) the Governing Law will be the laws of Spain; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Madrid, Spain; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of (a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (b) EUR 300,000. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth and fifth sentences of the “Orders and Payment” section of the General Terms are deleted; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Iberica, S.L.U. Attention: Legal Department, at Xxxxx Xxxxx Xxxx Xxxxxxx, Torre Picasso Planta 15, 28020 Madrid, Spain; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) references to “CPI” in the Agreement will be deemed to refer to “Spain CPI” as published by the National Statistics Institute of Spain (Instituto Nacional de Estadística de España) for the relevant period.

Spain. If the Territory is Spain, the MicroStrategy contracting entity on the order is MicroStrategy Iberica, S.L.U., with offices at Xxxxx Xxxxx Xxxx Xxxxxxx 0, Xxxxx XxxxxxxTorre Picasso, Planta 15, 28020 Madrid, Spain, with tax identification number B-60536646, and the following terms apply: (a) the Governing Law will be the laws of Spain; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Madrid, Spain; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of (a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (b) EUR 300,000. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth and fifth sentences of the “Orders and Payment” section of the General Terms are deleted; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Iberica, S.L.U. Attention: Legal Department, at Xxxxx Xxxxx Xxxx Xxxxxxx, Torre Picasso Planta 15, 28020 Madrid, Spain; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) references to “CPI” in the Agreement will be deemed to refer to “Spain CPI” as published by the National Statistics Institute of Spain (Instituto Nacional de Estadística de España) for the relevant period.

Spain. If the Territory is Spain, the MicroStrategy contracting entity on the order is MicroStrategy Iberica, S.L.U., with offices at Xxxxx Xxxxx Xxxx Xxxxxxx 0, Xxxxx XxxxxxxTorre Picasso, Planta 15, 28020 Madrid, Spain, with tax identification number B-60536646, and the following terms apply: (a) the Governing Law will be the laws of Spain; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Madrid, Spain; and (c) the first sentence of the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of (a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (b) EUR 300,000. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth and fifth sentences of the “Orders and Payment” section of the General Terms are deleted; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Iberica, S.L.U. Attention: Legal Department, at Xxxxx Xxxxx Xxxx Xxxxxxx, Torre Picasso Planta 15, 28020 Madrid, Spain; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) references to “CPI” in the Agreement will be deemed to refer to “Spain CPI” as published by the National Statistics Institute of Spain (Instituto Nacional de Estadística de España) for the relevant period.”

Spain. If the Territory is Spain, the MicroStrategy contracting entity on the order is MicroStrategy Iberica, S.L.U., with offices at Xxxxx Xxxxx Xxxx Xxxxxxx 0, Xxxxx XxxxxxxTorre Picasso, Planta 15, 28020 Madrid, Spain, with tax identification number B-60536646, and the following terms apply: (a) the Governing Law will be the laws of Spain; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Madrid, Spain; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of (a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (b) EUR 300,000. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth and fifth sentences of the “Orders and Payment” section of the General Terms are deleted; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Iberica, S.L.U. Attention: Legal Department, at Xxxxx Xxxxx Xxxx Xxxxxxx, Torre Picasso Planta 15, 28020 Madrid, Spain; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) references to “CPI” in the Agreement will be deemed to refer to “Spain CPI” as published by the National Statistics Institute of Spain (Instituto Nacional de Estadística de España) for the relevant period.

Spain. If the Territory is Spain, the MicroStrategy contracting entity on the order is MicroStrategy Iberica, S.L.U., with offices at Xxxxx Xxxxx Xxxx Xxxxxxx 0, Xxxxx Xxxxxxx, Planta 15Xxxxxx 00, 28020 Madrid00000 Xxxxxx, SpainXxxxx, with tax identification number B-60536646, and the following terms apply: (a) the Governing Law will be the laws of Spain; and (b) any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the parties’ relationship under it will be subject to the exclusive jurisdiction of the courts of the City of Madrid, Spain; and (c) the “Limitation of Liability” section of the General Terms is deleted and replaced with the following: “Except for our obligations under the “Indemnification” section of this agreement, damages resulting from your breach of our intellectual property rights, damages resulting from a party’s intentional misconduct or gross negligence, and bodily injuries, death or property damages caused by the negligence of a party, the cumulative aggregate liability of each party and all of its affiliates to the other party and all of its affiliates related to this Agreement will not exceed the greater of (a) the amount of the fees paid or payable to us in the twelve (12) months prior to the first claim made by you and (b) EUR 300,000. In no event will either party or any of its affiliates be liable for any indirect or unforeseeable damages, or for loss of business, loss of income, loss of revenue or earnings, loss of net worth or profit, loss of opportunity or damage to reputation.”; and (d) the fourth and fifth sentences of the “Orders and Payment” section of the General Terms are deleted; and (e) the second sentence of the “Notices” section of the General Terms is deleted and replaced with the following: “You will provide notices to: MicroStrategy Iberica, S.L.U. Attention: Legal Department, at Xxxxx Xxxxx Xxxx Xxxxxxx, Torre Picasso Planta 15Xxxxx Xxxxxxx Xxxxxx 00, 28020 Madrid00000 Xxxxxx, SpainXxxxx; email: xxxxxxxx@xxxxxxxxxxxxx.xxx”; and (f) the “Additional Limited Warranties and Remedies” sections of the Enterprise Platform License Terms and Cloud Platform License Terms are amended by changing the warranty period in each section from “six (6) months” to “twelve (12) months;” and (g) references to “CPI” in the Agreement will be deemed to refer to “Spain CPI” as published by the National Statistics Institute of Spain (Instituto Nacional de Estadística de España) for the relevant period.