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·        Terms: v101310GSAGLT
·        Service Description ARIS Cloud: Version 1.2 | 16.12.2016

ARIS Cloud Service Description

Table of contents


A new approach to Social Process Improvement in the Cloud

Service Specification

ARIS Cloud Basic & Advanced Service Specification
General Information Environment: Public Cloud Customer Account
Base Operating Model: Linux Operating System + DBMS
Base Operating System Details:  Ubuntu Server, Oracle
Infrastructure Services  AWS: EC2, RDS, S3
Service Availability  99.50% based on AWS availability measured over 5 minute intervals per calendar month
Service Access Options Web Application (SaaS)
License Metric Named User
Data Storage Location Customer selects either EU Dublin, AP Sydney or US Oregon
Support  Software AG's Standard Support Services:
Empower Support Portal for Submitting Issues 24x7
Telephone Hotline for Crisis issues 24x7
Telephone Hotline for Critical or Standard issues 9x5
Error Reporting  Empower Customer Portal (https://empower.softwareag.com/)
Standard Maintenance Window Mon - Fri 5am - 7am CET/CET +1; Sat - Sun 8am - 12am CET/CET +1
upon 1 week notice
Emergency  SOC2 type II availability certified Business Continuity/Disaster Recovery procedures as updated from time to time.
Data Backup Frequency Daily, retention period 30 days (No backup for free-trial period)
Data Backup Location Same AWS region as the Data Storage Location referred to above but different AWS availability zone
Recovery Point Objective  24h based on daily backups
Recovery Time Objective 12h
Retention Period 30 days post payment expiration

 

 

CLOUD SERVICES TERMS AND CONDITIONS

1 ACCESS LICENCE AND RESTRICTIONS

1.1 Access to Cloud Services : Subject to the terms and conditions set forth in this Agreement and in exchange for payment of the cloud services fees, the Supplier grants the Customer a non- exclusive, non-transferable, non-sub-licenseable right to access and use the Cloud Services (hereinafter “Cloud Services”) identified in any Cloud Services Attachment (hereinafter “Cloud Services Attachment”) in accordance with the Documentation solely for its internal business purposes as contemplated by this Agreement for the duration of the Cloud Services Term. “Documentation” means the Cloud Services Attachment, user manuals, and operating
instructions generally provided with the Cloud Services to a customer. The Cloud Services Attachment describes the Supplier’s management, maintenance and service level commitment for the Cloud Services.

1.2 Provision of Cloud Services : The Cloud Services will be solely provided by the Cloud Services Delivery Entity referred to in the Cloud Services Attachment and the Customer acknowledges and agrees to the appointment by the Supplier of such Cloud Services Delivery Entity for such purposes under this Agreement. The Cloud Services Delivery Entity will be the only entity of Supplier accessing Customer Data, if applicable, as further defined below.

1.3 Term and Renewal Term : The term of this agreement for the provision of Cloud Services is fixed for the duration of the Cloud Services Term set out in any relevant Cloud Services Attachment and thereafter renews on the basis set out in the Cloud Service Renewal Terms set out in any relevant Cloud Services Attachment. The Supplier will delete the Customer's Account (as defined below) 30 days after the expiry or termination of this Agreement or any Cloud Services Attachment.

1.4 Restrictions : The licence set forth in this Agreement is granted subject to the following restrictions:

(a) the Customer will not (other than for access to the Cloud Services via plug-ins or fat clients to the extent such installation (not download) is supported) receive a copy of any software or platform programs listed in the Cloud Services Attachment (“Software”), will not be permitted any access to the programming or source code, or have the right to install the Software (or any part thereof) locally in any system of the Customer, contractor or agent;

(b) Customer shall not:
• copy, license, sub-license, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Cloud Services available to any third party, other than as expressly permitted by this Agreement and by international export laws and regulations;
• interfere with or disrupt the integrity or performance of the Cloud Services or the data contained therein;
• attempt to gain unauthorized access to the Cloud Services or their related systems or networks;
• disseminate performance-related information relating to the Cloud Services or the Software;
• store or process any data of the following types: information on a person’s racial or ethnic origin, political opinions, religious or philosophical convictions, union membership, health (HITECH - Health Information Technology for Economic and Clinical Health Act & HIPAA - Health Insurance Portability and Accountability Act), sex life, concerning bank or credit card accounts (PCI DSS - Payment Card Industry Data Security Standard) comprising but not limited to data according to BDSG § 4 Abs (9);
• use the configuration and reporting capabilities of the Cloud Services for any other purposes besides those set forth in this Agreement; or
• otherwise utilize the Cloud Services in any manner, except as expressly permitted under this Agreement;

(c) access to the Cloud Services cannot be shared or used by more than one individual (unless it is reassigned in its entirety to another authorized user, in which case the prior authorized user shall no longer have any right to access or use such licence);
(d) the Customer agrees to make every reasonable effort to prevent unauthorized third parties from accessing the Cloud Services;
(e) the Customer is responsible for all user access to and use of the Cloud Services and shall abide by all applicable laws and regulations including those regulations applicable to data privacy and data security regulations; and
(f) the Customer shall obtain at its sole expense any rights and consents from third parties necessary for the Supplier and its subcontractors to perform the Cloud Services under this Agreement.

1.5 Authorized Users : “Users” of the Cloud Services shall mean employees or contractors of the Customer who are authorized to access the Cloud Services using a user identifier and password. The Customer shall not make the Cloud Services available to any person or entity other than Users and shall remain liable to the Supplier for all acts and omissions by Users as though such acts or omissions were those of the Customer itself.

1.6 Reservation of Rights : Subject only to the rights expressly granted to the Customer under this
Agreement, all rights, title and interest in and to the Cloud Services will remain with and belong
exclusively to the Supplier.


2 CUSTOMER INFORMATION

2.1 Customer Account : In order to access and use the Cloud Services, the Customer will need to register and create an account (the “Account”). By creating an Account the Customer represents it is of legal standing to form a binding contract and is not barred from receiving services under any applicable jurisdiction. To create an Account the Customer is required to provide certain personal information about the Account registrant and create a user name and password. The
Customer agrees to provide accurate, current and complete information. The Supplier reserves the right to suspend or terminate any Account if:
(a) any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading; or
(b) such Account is inactive for more than one (1) year. The Customer is responsible for maintaining the confidentiality of its password and Account and
agrees to notify the Supplier if its password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have become compromised. The Customer is responsible for all activities that occur under its Account.

2.2 Ownership : In order for the Cloud Services to perform the function for which they were designed, the Cloud Services will gather and transmit certain technical information, Account information, and metadata associated with the Customer’s access and use of the Cloud Services, including without limitation application telemetry, IP addresses, IP configurations, stored sessions, open ports, Account credentials, network metadata, and device operating system, status, version and configuration (collectively “Metadata”). For clarification, Metadata is used to provide the Cloud Services and will not include any of the actual data processed with the Cloud Services. With the exception of Metadata the Customer shall own all content, information, materials, and intellectual property provided in its unaltered form by Customer in connection with Customer’s use of and access to the Cloud Services (“Customer Data”).

2.3 Customer Responsibility for Customer Data : The Customer is solely responsible for all Customer Data provided to the Supplier, or uploaded to, stored in or transmitted through the Cloud Services and the use of the Cloud Services by the Customer and its Users. The Supplier takes no responsibility and assumes no liability for any Customer Data posted, transmitted through, or uploaded to the Cloud Services by the Customer or any third party, or for any loss or damage thereto, nor is the Supplier liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that the Customer and/or its Users may encounter. The Customer is responsible for securing any privacy-related rights and permissions as may be required by local law or by the Customer’s internal policies. The Supplier will perform Data Backups, Recovery Point Objectives and Recovery Time Objectives each as described in the Cloud Services Attachment. If the Customer requires further or additional backup copies of Customer Data posted or stored on the Cloud Services these are the responsibility of the Customer.

2.4 Supplier Access : The Supplier will not use or access the Customer Data associated with the use of and access to the Cloud Services by the Customer in the ordinary course of the provision of the Cloud Services and has policies and data protection controls in place which prohibit cloud operations staff from accessing tenant data unless explicitly authorised and permitted by the Customer tenant administrator. Should the Supplier require such access it may do so only with the prior consent of the Customer (not to be unreasonably withheld or delayed in any of the circumstances referred to below). Customer hereby grants to the Supplier a worldwide, irrevocable, non-transferable, non-assignable (except as permitted under this Agreement), sub- licenseable, non-exclusive licence to access, retrieve, store, copy, create derivative works of, display, distribute, transmit and otherwise use the Customer Data associated with the use of and access to the Cloud Services by the Customer:
(a) in connection with maintaining, providing and/or making available the Cloud Services;
(b) as reasonably required in order to cooperate with legitimate governmental requests, subpoenas or court orders;
(c) as otherwise required in order to protect the Supplier’s systems and the Customer; and
(d) otherwise for the purposes of ensuring the integrity and operation of the Supplier's business and systems.
The Customer hereby consents to the use by the Supplier of the Metadata as reasonably
required in in connection with maintaining, providing and/or making available the Cloud Services.


3 TERMS OF SERVICE

3.1 Service Level : The Supplier shall use commercially reasonable efforts to make the Cloud Services accessible to the Customer, subject to the availability of third party infrastructure, required and emergency maintenance, availability of third party networks and communications facilities and force majeure events. The Cloud Services are hosted on a shared third-party infrastructure environment as set forth in the Cloud Services Attachment.

3.2 Privacy : The Supplier will provide the Cloud Services in accordance with its then current Privacy Policy which is incorporated herein by this reference. Supplier reserves the right to change its Privacy Policy from time to time by posting a new version at http://www.softwareag.com/corporate/privacy.asp. Customer agrees to and accepts any modified terms by continuing to use the Cloud Services after such changes are posted and effective.

3.3 Security : The Supplier will employ commercially reasonable security measures in providing the Cloud Services. In addition, the Supplier agrees to make reasonable commercial efforts to safeguard the personally identifiable information associated with the Customer Data from unauthorized access or use, and to store Customer Data in facilities that are deemed to be reasonably secure based on generally recognized industry practices and that have in place reasonable physical, structural and information security safeguards against the unauthorized access or use of the Customer Data. The Supplier's security processes are reviewed on a regular basis by the Supplier's Security Council, led by the Corporate Security Officer.


4 DATA PROTECTION

4.1 Data Protection and Privacy : Customer and Supplier acknowledge that as between the Customer and Supplier these provisions will apply to the Customer as the Data Controller and (to the extent that each acts in such capacity) Supplier as the Data Processor of any Customer Data. Supplier will not perform Customer's management or regulatory obligations and is not responsible for determining the requirements of laws applicable to Customer's business, including those relating to use of Customer Data with the Cloud Services. To the extent Metadata includes personal or other sensitive data, Supplier will process Metadata in compliance with the local laws applicable in the country of the Supplier's registered place of business and Data Storage Location referred to in the Cloud Services Attachment and will take appropriate technical and organisational measures against the unauthorised or unlawful processing of such Metadata and against the accidental loss or destruction of, or damage to, such Metadata. The terms “Data Controller”, “Data Processor”, “Personal Data”, “process” and “processing”, have the meanings
ascribed to those terms in the Data Protection Act 1988.

4.2 Processing in accordance with laws : Supplier shall process the Personal Data only to the extent and in such a manner as is necessary for the purposes of this Agreement, in accordance with Customer’s instructions and otherwise in accordance with the terms set out in the separate data processing agreement between Supplier and Customer (to the extent required by local legislative requirements) and shall not process the Personal Data for any other purpose. The Customer shall be obliged to ensure that, based on the intended use by the Customer of the Cloud Services, the Customer's use of the Cloud Services as provided by the Supplier will be and remain compliant with any obligations under applicable legislation.

4.3 Controlling in accordance with laws : The Cloud Services are not designed to comply with any particular law or regulations. Customer will control and allow access to the Personal Data in its capacity as Data Controller and is solely responsible for complying with laws, rules, and regulations that may be applicable to Customer Data and Customer’s use of the Cloud Services. If Customer uses the Cloud Services from outside of the state where the chosen Data Centre location is situated, or by sanctioned entities/users Customer is solely responsible for compliance with all applicable laws, including without limitation export and import laws and regulations of such other countries, associated embargo and sanctions regulations and prohibitions on export for certain end uses or by any prohibited end users. Any relocation of Customer Data contrary to applicable law is prohibited.

4.4 Handling Personal Data : If Supplier receives any complaint, notice or communication which relates directly or indirectly to the processing of the Personal Data or to either party's compliance with the Data Protection Act 1988 and the data protection principles set out therein, it shall promptly notify Customer and it shall provide Customer with full co-operation and assistance in relation to any such complaint, notice or communication. At Customer's request, Supplier shall provide to Customer a copy of all Personal Data held by it in the form of an electronic data dump. Supplier shall promptly inform Customer if it becomes aware that any Personal Data is lost or destroyed or becomes damaged, corrupted, or unusable.

4.5 Access to Personal Data : Supplier shall ensure that access by its employees to the Personal Data is limited to those employees who need access to the Personal Data to meet the Supplier's obligations under this Agreement and that they are informed of the confidential nature of the Personal Data and have undertaken training in the laws relating to handling personal data.

4.6 Transfer of Customer Data or Personal Data : Supplier shall not (except as set forth below) transfer the Customer Data or Personal Data outside the European Economic Area without the prior written consent of Customer. To the extent required by local legislative requirements Supplier may require Customer's signature of a separate data transfer agreement. Supplier may only authorise a third party (sub-contractor) to transfer the Customer Data or Personal Data:
(a) subject to Customer's prior written consent where Supplier has supplied Customer with full details of such sub-contractor;
(b) provided that the sub-contractor's contract is on terms which are substantially the same as those set out in this Agreement; and
(c) provided that the sub-contractor's contract terminates automatically on termination of this Agreement for any reason.
Supplier may have to use affiliated legal entities from outside the European Economic Area in order to provide 24/7 support. The Customer hereby appoints the Supplier to enter into and execute a participation agreement to Supplier's data transfer framework agreement (EU-Model Clauses) with such affiliated legal entities and/or infrastructure providers on behalf of Customer for the sole purpose of any relevant transfer pursuant to this clause. Upon written request of Customer, Supplier will provide such contract documents if applicable.


5 PAYMENT

5.1 Payment : All payments shall be due and payable within thirty (30) days of the date of invoice.

5.2 Taxes : All payments under this Agreement shall be made without recoupment or set-off and are exclusive of taxes and duties. Customer agrees to bear and be responsible for the payment of all taxes and duties including, but not limited to, all sales, use, rental, receipt, personal property and other taxes (but excluding taxes based upon Supplier's income), which may be levied or assessed in connection with this Agreement.

5.3 Interest : If any payment due under this Agreement is not paid in accordance with the terms of this Agreement, then interest shall be payable and recoverable as a debt on all outstanding amounts pursuant to §288 BGB.

6 CONFIDENTIALITY

6.1 Confidential Information : The Parties acknowledge that each Party will have access to intellectual property or other confidential information of the other party or third parties in respect of which the disclosing party has a duty of confidentiality which, for the purposes of this Agreement, is limited to the Cloud Services, Customer Data, and Personal Data the terms and pricing of this Agreement and any other information clearly identified as being “Confidential” (“Confidential Information”). Both Parties agree that Confidential Information disclosed is proprietary and shall remain the sole property of the disclosing Party or such third party.

6.2 Confidentiality : Each Party agrees:
(a) to use Confidential Information only for the purposes described herein; and
(b) not to reproduce Confidential Information and to hold it in confidence and protect it from dissemination to, and use by, any third party; and
(c) not to create any derivative work from Confidential Information; and
(d) to restrict access to the Confidential Information to its personnel, agents, and/or consultants, who need to have access to such Confidential Information and who have been advised of and have agreed in writing to treat such Confidential Information in accordance with this Agreement; and
(e) to return or, at the disclosing party’s discretion, destroy all Confidential Information of the other Party in its possession upon termination or expiration of this Agreement.

6.3 Exclusions : The restrictions shall not apply to Confidential Information that:
(a) is publicly available or in the public domain at the time disclosed;
(b) is or becomes publicly available or enters the public domain through no fault of the recipient;
(c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto;
(d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure;
(e) is independently developed by the recipient; or
(f) is approved for release or disclosure by the disclosing Party without restriction.

6.4 Compliance with law permitted : Each Party may disclose Confidential Information to the limited extent required in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, or to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.


7 WARRANTIES

7.1 Supplier Warranties : The Supplier warrants that:
(a) the Cloud Services will not contain any computer code that:
• has been deliberately designed by or on behalf of the Supplier to disrupt, disable, harm, modify, delete or otherwise impede in any manner, the operation of the Cloud Services or any of the Customer’s software, firmware, hardware, computer systems or networks (“the Customer’s Systems”), such devices sometimes referred to as “viruses” or “worms”;
• has been deliberately designed by or on behalf of the Supplier to access the Customer's Systems to cause disablement or impairment (sometimes referred to as
“trap doors”, “access codes” or “back door” devices).
(b) any Cloud Services delivered to the Customer will have been virus checked by the Supplier prior to the provision of the same to the Customer in accordance with the Supplier’s then current standard virus checking procedures;
(c) the Cloud Services, when properly used, will perform substantially in accordance with the Documentation.

7.2 Customer Warranties : The Customer warrants that:
(a) it has the full right and power to enter into and perform this Agreement without the consent of, or any notice to, any third party.


8 IPR INDEMNITY

8.1 Indemnity : Supplier shall indemnify, defend, and hold Customer harmless from any action brought by a third-party against Customer to the extent that it is proximately caused by an allegation that the Cloud Services provided under this Agreement have infringed an intellectual property right or trade secret registered in the country of Supplier´s residence, and pay those damages or costs related to the settlement of such action or finally awarded against Customer in such action, including but not limited to reasonable attorneys’ fees, provided that Customer:
(a) promptly notifies Supplier of any such action; and
(b) gives Supplier full authority, information, and assistance to defend such claim; and
(c) gives Supplier sole control of the defense of such claim and all negotiations for the compromise or settlement of such claim.

8.2 Exclusions : Supplier shall have no liability under this Agreement with respect to any claim based upon:
(a) Cloud Services that have been modified by anyone other than Supplier;
(b) use of other than the then-current release of any fat clients or plug-ins provided to Customer for the purposes of accessing and using the Cloud Services, if the infringement could have been avoided by use of the then-current release and such current release has been made available to Customer;
(c) use of the Cloud Services in conjunction with Customer Data where use with such data gave rise to the infringement claim;
(d) use of the Cloud Services with other software or hardware, where use with such other software or hardware gave rise to the infringement claim;
(e) use of any Cloud Services in a manner inconsistent with its Documentation;
(f) open source software included within the Cloud Services; and/or
(g) use of any Cloud Services which use breaches this Agreement.

8.3 Remedy by Supplier : If Supplier determines that the Cloud Services are or are likely to be the subject of a claim of infringement, Supplier shall have the right:
(a) to replace the Cloud Services with non-infringing service that have substantially equivalent functionality;
(b) to modify the Cloud Services so as to cause the Cloud Services to be free of infringement;
(c) to procure, at no additional cost to Customer, the right to continue to use the Cloud Services; or
(d) to terminate the licence to use the Cloud Services and refund to Customer the pro-rated portion of the applicable prepaid but unused Cloud Services Fees).

8.4 Exclusive remedy :
THE PROVISIONS OF THIS CLAUSE STATE THE EXCLUSIVE LIABILITY
OF THE SUPPLIER AND THE EXCLUSIVE REMEDY OF THE CUSTOMER WITH RESPECT
TO ANY CLAIM OF INTELLECTUAL PROPERTY OR TRADE SECRET MISAPPROPRIATION
OR INFRINGEMENT BY THE CLOUD SERVICES, ANY PART THEREOF, AND ANY MATERIAL
OR SERVICES PROVIDED HEREUNDER, AND ARE IN LIEU OF ALL OTHER REMEDIES,
LIABILITIES, AND OBLIGATIONS.

8.5 Customer Indemnity : Customer shall indemnify, defend, and hold the Supplier harmless from any action brought by a third-party against the Supplier to the extent that it is proximately caused by an allegation that:
(a) any access to or use of Customer Data with the Cloud Services; or
(b) modification or use of the Cloud Services with the Customer's applications; have infringed any intellectual property right or trade secret and pay those damages or costs related to the settlement of such action or finally awarded against the Supplier in such action, including but not limited to reasonable attorneys’ fees, provided that the Supplier:
• promptly notifies Customer of any such action; and
• gives Customer full authority, information, and assistance to defend such claim; and
• gives Customer sole control of the defense of such claim and all negotiations for the compromise or settlement of such claim. Customer shall have the right to settle or compromise any such claim provided that such settlement or compromise does not impose any costs or material disadvantage to Supplier without Supplier’s prior
written consent.

9 LIMITATION OF LIABILITY

9.1 Limitation of Liability :
IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, ECONOMIC OR CONSEQUENTIAL LOSS OR DAMAGES IN CONNECTION WITH ANY CLAIM THAT ARISES FROM OR RELATES IN ANY WAY TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION ALLEGED, EVEN IF SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY OF ANY KIND. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS CLAUSE ARE INDEPENDENT OF EACH EXCLUSIVE OR LIMITED REMEDY SET FORTH IN THIS AGREEMENT. EXCEPT IN THE EVENT OF DEATH OR PERSONAL INJURY OF A PERSON NEGLIGENTLY CAUSED BY SUPPLIER, IN NO EVENT SHALL THE LIABILITY OF SUPPLIER UNDER THIS AGREEMENT EXCEED TWICE THE AMOUNT OF THE CLOUD SERVICES FEES PAID TO SUPPLIER BY CUSTOMER HEREUNDER FOR THE CLOUD SERVICES TO WHICH CUSTOMER'S CLAIM RELATES. CUSTOMER ACKNOWLEDGES THAT THE LIMITATIONS SET OUT IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SUPPLIER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT.


10 BREACH

10.1 Breach : Either Party may terminate this Agreement with immediate effect by written notice, if the other Party commits a material breach of this Agreement and, in the case of a breach capable of remedy, fails to remedy such breach within thirty (30) days of receipt of a notice of default from the other party, specifying the breach and requiring its remedy. Notwithstanding the foregoing, in the case of breach resulting from non-payment of amounts due hereunder, the party in breach
will have ten (10) days after receiving written notice to make full payment.


11 GENERAL

11.1 Customer Use Case Report : Supplier will create an internal customer use case report in connection with the use by the Customer of the Cloud Services. Any use of this report other than for internal purposes of Supplier requires a separate written approval by Customer. Customer agrees to provide input to this report e.g. by being available for a 30 minute telephone interview.

11.2 Export Control : Customer may not download, get and/or provide access to, or otherwise export or re-export any underlying software or service, technology or other information from the Cloud Services except as stated explicitly in this Agreement and in full compliance with all applicable national and international laws and regulations. Customer agrees to indemnify and hold harmless and defend Supplier against any and all liability arising from or relating to Customer’s breach of
this Clause. Supplier reserves the right not to execute affected parts of, or the entire Agreement, in case any national or international export regulations or foreign trade legislation, or any target country/customer/usage restrictions implied by embargoes or other sanctions prohibit the provision of export controlled goods (Dual–Use items) and Cloud Services to be granted to the Customer under this Agreement. Supplier will inform the Customer whether a related official
export approval by national or international export control authorities is required and may postpone the provision of affected Cloud Services until all such required approvals have been granted. In the event of any change of related export classifications or requirements the Supplier may postpone or suspend (as the case may be) the provision of affected Cloud Services until all such required approvals have been granted and, in the event that such approvals are not granted, terminate the provision of the relevant Cloud Services. The provision of agreed goods or services not restricted by the above mentioned export prohibitions will remain unaffected by this clause.

11.3 Audit : The Customer will, within 10 working days from the date of receipt of a written request from Supplier (such requests not to be submitted by Supplier more than once per calendar year), confirm to Supplier in writing of the identity of any individuals or contractors (or others) who have accessed the Cloud Services during the period of time the subject of the audit (' Self- disclosure'). The Self-disclosure shall contain sufficient detail to enable Supplier to assess compliance by the Customer with the terms and conditions set out in this Agreement. Supplier, or at Supplier’s discretion an independent consultant appointed by Supplier, shall have the right, on giving reasonable notice to the Customer, to access any and all relevant log-in data held and managed by the Customer related to any accounts created by the Supplier for the purpose of auditing the Customer's use of the Cloud Services in accordance with the terms set out in this Agreement.

11.4 Anti-Corruption : The parties recognize and agree that they will comply with laws, regulations, rules and requirements against bribery, money laundering, and anti-corruption including but not limited to the Bribery Act 2010 and they have in place and will maintain policies and procedures in order to ensure compliance with such laws, regulations, rules and requirements. Non- compliance with the provisions of this clause shall grant to the affected party the right to terminate the Agreement immediately with notice.

11.5 Force Majeure : If the performance of this Agreement or any obligation under this Agreement, except for the making of payments, is prevented, restricted or interfered with by reason of fire, flood, earthquake, explosion or other Act of God or casualty or accident, or strikes or labour disputes affecting third-party vendors, inability to procure or obtain delivery of parts, supplies or power, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirements of any governmental agency, denial of service attacks, cybercrimes or malware caused by a third party, failure of utilities or any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected will take all reasonable steps to avoid or remove such cause of non-performance and will resume performance hereunder with dispatch whenever such causes are removed.

11.6 Assignment : The Customer shall not assign, sub-license, sell, lease, encumber, charge or otherwise in any manner attempt to transfer this Agreement or any of its rights or obligations hereunder. Any purported transfer of this Agreement by the Customer in violation of this Clause shall be null and void. The Supplier shall be entitled to transfer this Agreement within the group of companies of which the Supplier is a member as well as to any third party in connection with the assignment to any such third party of the right of the Supplier to receive any sums payable by the Customer to it hereunder.

11.7 Dispute Resolution : The Parties shall attempt to resolve any dispute arising under this Agreement through the informal means described in this Clause. Each Party shall appoint a senior management representative who does not devote substantially all of his or her time to performance under this Agreement. The representatives shall negotiate in good faith to resolve the dispute without the need for any formal proceeding. Formal proceedings for the resolution of the dispute may not be commenced until the earlier of (i) the designated representatives mutually conclude that resolution through negotiation does not appear likely; or (ii) thirty (30) calendar days have passed since the initial request to negotiate the dispute was made; provided, however, that a Party may file for formal proceedings earlier solely to avoid the expiration of any applicable limitations period, to preserve a superior position with respect to other creditors, or to apply for interim or equitable relief.

11.8 Governing Law : This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland and the parties shall submit to the non-exclusive jurisdiction and procedure of the Irish Courts.

11.9 Prevailing Party : In the event a dispute arising under this Agreement results in litigation, the non-prevailing party shall pay the court costs and reasonable attorneys' fees of the prevailing party.

11.10 Non-waiver : No waiver or retraction of a waiver under this Agreement shall be valid or binding unless set forth in writing and duly executed by the party against whom such waiver is sought. The failure of either party to exercise any right granted herein, or to require the performance by the other party hereto of any provision in this Agreement, or the waiver by either party of any breach of this Agreement, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision
of this Agreement.

11.11 Notices : All notices, demands, or other communications by any party to the other shall be deemed to have been duly given when (i) made in writing and delivered in person with signed receipt, or (ii) sent via a nationally recognized, traceable, overnight delivery carrier, to the address detailed above, or to such address as the parties may provide to each other in writing from time to time. Notice will be effective upon delivery. Maintenance and Support Services related notices will be posted on Supplier’s then current web-based support portal.

11.12 Amendments in writing : No variation of this Agreement shall be binding unless it is agreed in writing and signed on behalf of both parties by a duly authorized representative. No variation or omission from or addition to any of the terms and conditions of this Agreement whether written or oral shall be binding upon Supplier unless expressly accepted in writing by Supplier.

11.13 Severability : If any Clause (or part of any Clause) of this Agreement is determined by a court of competent jurisdiction to be or becomes illegal, unenforceable or in conflict with any law governing this Agreement, such clause shall be adjusted to the minimum extent necessary (most closely reflecting the legal and economic intent of the parties) to cure such unenforceability, illegality or conflict and the remainder of this Agreement (and the remainder of the relevant
Clause) shall remain in effect in accordance with its terms as modified by such adjustment.

11.14 Entire Agreement : This Agreement as may be amended from time to time constitutes the entire agreement between the parties and supersedes all previous communications, non-fraudulent representations or prior and contemporaneous agreements (written or oral) between the parties with respect to the subject matter hereof.

11.15 Withholding counter-performance : Customer may only enforce its rights to withhold counter- performance if the counterclaims upon which the withholding is based relate to the same contractual relationship and are undisputed, mutually settled or have been finally awarded by a competent court of jurisdiction.

11.16 Cloud Services Attachments : In the event of any conflict or inconsistency in the definition or interpretation of any term or provision set forth in this Agreement, such conflict or inconsistency shall be resolved by giving precedence to the Cloud Services Attachment(s). Any contrary or additional terms and conditions attached to or part of any purchase order or similar document related to this Agreement shall be invalid and non-binding.

XI. General Terms

1. Geographic Scope & Governing Law

Regardless of where Customer or Customer's Users are located, Services are being provided by the Software AG that makes the Services available in the country of Customer Business Address. Although Software AG does not prohibit Customer or Customer's Users from using the Services outside the country of Customer Business Address, Customer may enforce its rights under this Agreement only in the country of the Customer Business Address, unless otherwise specified in the Regional Terms of this Agreement.

2. Attorneys' Fees and Costs

To the maximum permitted by local law in the country of Customer Business Address, the prevailing party in any legal action or arbitration relating to this Agreement will be entitled to recover its attorneys' fees and litigation costs and expenses incurred in connection with such action or arbitration as part of the same proceeding.

3. Arbitration

Unless otherwise set forth in the Regional Terms, the parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address or a country of choice as further defined in the Regional Terms below.

4. Severability

In the event that any provision of this Agreement is found invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full force and effect.

5. Waiver

The failure of a party to prosecute its rights with respect to a breach hereunder will not constitute a waiver of the right to enforce its rights with respect to the same or any other breach.

6. Statute of Limitations

Any claim, demand or cause of action relating to this Agreement will be deemed barred and forever waived if legal action or arbitration is not commenced with respect to such claim, demand or cause of action within two (2) years after the aggrieved party first acquires actual notice of such claim, demand or cause of action.

7. Authorization of each Agreement

Each party represents to the other that it: has the legal power and authority to enter into this Agreement; and has not previously entered into any agreement or understanding which conflicts with any rights or obligations set forth in this Agreement. Software AG will have the right to assign this Agreement to an affiliate of Software AG at any time without notice. These terms and conditions are the entire agreement between you and Software AG regarding the use of SOFTWARE AG Cloud Services. No other communication, whether written or oral, will be deemed to supplement or supersede these terms and conditions unless made in writing and signed by both you and Software AG.

B. Regional Terms

Depending on Customer's Place of Business identified during the Account set-up, the following Regional Terms apply in addition to the General Terms of this Agreement. Regional Terms only apply for the respective geographic location set-forth below. If the country where Customer has its Place of Business is not explicitly mentioned, the Standard Regional Terms apply.

I. Standard (default)

1. Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES.SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

2. Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

3. Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

II. EMEA

1. Albania

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

2. Algeria

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the ICC International Court of Arbitration, in Paris.

3. Andorra

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

4. Angola

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

5. Armenia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

6. Austria

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the court of Vienna, Austria (Inner-City). Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

7. Azerbaijan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

8. Bahrain

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

9. Belarus

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

10. Benin

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

11. Bosnia-Herzegovina

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

12. Botswana

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

13. Bulgaria

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

14. Burkina Fasso

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

15. Burundi

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English Courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

16. Cameroon

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

17. Cape Verde

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

18. Central African Republic

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

19. Chad

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

20. Comoros

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

21. Congo Republic

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

22. Croatia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

23. Democratic Republic of Congo

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

24. Djibouti

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

25. Egypt

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

26. Equatorial Guinea

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

27. Eritrea

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

28. Estonia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws in the Province of Finland without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in Helsinki, Finland.

29. Ethiopia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

30. Former Yugoslav Republic of Macedonia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

31. France

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

32. French Guiana

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

33. French Polynesia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

34. Gabon

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

35. Gambia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of London. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

36. Georgia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

37. Germany

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HEREUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

38. Ghana

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

39. Greece

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the courts of Athens. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

40. Guinea

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

41. Guinea-Bissau

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

42. Israel

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG LIVE SERVICES, PROVIDED HOWEVER THAT FOR CUSTOMERS IN THE PUBLIC SECTOR NO SUCH MONETARY LIMITATION APPLIES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence and for Customers of the public sector business of the country.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the courts of Tel Aviv-Jaffa. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

43. Italy

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the courts of Milan. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

44. Ivory Coast

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

45. Jordan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

46. Kazakhstan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

47. Kenya

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

48. Kuwait

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

49. Kyrgyzstan,

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

50. Latvia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws in the Province of Finland without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in Helsinki, Finland.

51. Lebanon

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

52. Lesotho

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the High Court in Johannesburg. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the by the ICC International Court of Arbitration. The place of Arbitration will be Johannesburg, Republic of South Africa and the proceedings will be conducted in English.

53. Liberia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

54. Libya

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

55. Lithuania

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws in the Province of Finland without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in Helsinki, Finland.

56. Madagascar

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

57. Mali

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

58. Malta

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the courts Milan. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

59. Malawi

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

60. Mauritania

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

61. Mauritius

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

62. Mayotte

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

63. Moldova

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

64. Monaco

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

65. Montenegro

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

66. Morocco

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

67. Mozambique

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

68. Namibia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the High Court in Johannesburg. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the by the ICC International Court of Arbitration. The place of Arbitration will be Johannesburg, Republic of South Africa and the proceedings will be conducted in English.

69. Netherlands

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG LIVE SERVICES, PROVIDED HOWEVER THAT FOR CUSTOMERS IN THE PUBLIC SECTOR NO SUCH MONETARY LIMITATION APPLIES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence and for Customers of the public sector business of the country.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

70. New Caledonia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES.SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

71. Niger

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

72. Nigeria

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

73. Oman

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

74. Pakistan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

75. Portugal

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the courts of Lisbon. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

76. Qatar

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

77. Reunion

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

78. Russia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG LIVE SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

79. Rwanda

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

80. Sao Tome and Principe

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

81. Saudi Arabia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

82. Senegal

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

83. Serbia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

84. Seychelles

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

85. Sierra Leone

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

86. Somalia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

87. South Africa

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG LIVE SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the High Court in Johannesburg. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the by the ICC International Court of Arbitration. The place of Arbitration will be Johannesburg, Republic of South Africa and the proceedings will be conducted in English.

88. Spain

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HEREUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES, PROVIDED HOWEVER THAT FOR CUSTOMERS IN THE PUBLIC SECTOR NO SUCH MONETARY LIMITATION APPLIES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence and for Customers of the public sector business of the country.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the courts of Madrid. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

89. Swaziland

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the High Court in Johannesburg. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the by the ICC International Court of Arbitration. The place of Arbitration will be Johannesburg, Republic of South Africa and the proceedings will be conducted in English.

90. Switzerland

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG LIVE SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

91. Tajikistan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

92. Tanzania

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

93. Togo

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

94. Tunisia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

95. Turkey

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Istanbul Central Courts and Execution Directorates of Istanbul, the Republic of Turkey. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

96. Turkmenistan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

97. Uganda

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

98. Ukraine

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

99. United Arab Emirates

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

100. United Kingdom

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the courts of England. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

101. Uzbekistan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Austria without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Arbitration and Conciliation of the Federal Economic Chamber in Vienna (Vienna Rules). The arbitration shall be held in Vienna, Austria and the official language of the proceedings shall be in English.

102. Vanuatu

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

103. Wallis and Futuna

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of France without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Commercial Court of Paris. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules by the ICC International Court of Arbitration, in Paris.

104. West Bank/Gaza

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

105. Yemen

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

106. Zambia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

107. Zimbabwe

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of England without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the English courts. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the LCIA arbitration rules in effect at the time of arbitration by the London Court of International Arbitration.

III. Americas

1. Argentina

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or the Ordinary Commercial Court of the city of Buenos Aires. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

2. Brazil

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG LIVE SERVICES, PROVIDED HOWEVER THAT FOR CUSTOMERS IN THE PUBLIC SECTOR NO SUCH MONETARY LIMITATION APPLIES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence and for Customers of the public sector business of the country.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the court of Rio de Janeiro, RJ. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

3. Canada

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws in the Province of Ontario without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL REGARDING DISPUTES RELATED TO THIS AGREEMENT.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

4. Chile

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the Civil Courts of Justice of Santiago. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

5. Colombia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the Ordinary Civil judges of city of Bogota. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

6. Ecuador

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the Civil Courts of Justice of Santiago. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

7. Mexico

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the courts located in Mexico City, Federal District. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

8. Peru

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained by the judges and tribunals of the judicial district of Lima, Cercado. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

9. USA

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG LIVE SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in Virginia. Both parties hereby irrevocably consent to such jurisdiction and venue.

THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL REGARDING DISPUTES RELATED TO THIS AGREEMENT.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the American Arbitration Association.

10. Uruguay

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the courts of the city of Montevideo. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

11. Venezuela

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of the Customer Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the courts of the metropolitan area of the city of Caracas. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

IV. Asia, Pacific, Japan

1. Australia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of the Australian Commercial Disputes Centre (ACDC).

2. Cambodia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Singapore International Arbitration Center ("SIAC Rules") then in effect.

c) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the State of New York, United States without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

3. Hong Kong SAR

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region ("SAR") without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

4. India

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Singapore International Arbitration Center ("SIAC Rules") then in effect.

5. Indonesia

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Singapore International Arbitration Center ("SIAC Rules") then in effect.

6. Japan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG LIVE SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

7. Laos

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the State of New York, United States without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Singapore International Arbitration Center ("SIAC Rules") then in effect.

8. Macau SAR

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region ("SAR") without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

9. New Zealand

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

10. People's Republic of China

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of China International Economic and Trade Arbitration Commission. The arbitration will take place in Beijing and be conducted in Chinese.

11. Philippines

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Singapore International Arbitration Center ("SIAC Rules") then in effect.

12. Singapore

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED TWICE THE AMOUNT OF FEES PAID HERUNDER FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

13. Taiwan

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of Taiwan without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules in the country of Customer Business Address.

14. Vietnam

a) Regional Limitation of Liability

IN FURTHERANCE OF THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE AGREEMENT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SOFTWARE AG, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE AG Cloud SERVICES EXCEED ANY FEES CUSTOMER PAYS TO SOFTWARE AG FOR THE ACCESS TO OR USE OF THE SOFTWARE AG Cloud SERVICES. SOFTWARE AG DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM SOFTWARE AG'S OR CUSTOMER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). SOFTWARE AG CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, SOFTWARE AG DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Damages for bodily injury (including death), and damage to real property and tangible personal property for which Software AG is legally liable are not subject to a cap on the amount of damages.

Despite of the Limitation of Liability set forth in the Agreement, Software AG's Liability shall be unlimited in the event of willful misconduct or gross negligence.

b) Geographic Scope, Governing Law & Venue

This Agreement will be governed by and construed in accordance with the laws of the country of Customer's Business Address without regard to any contrary conflicts of law principles and excluding the United Nations Convention for the International Sale of Goods. All legal actions arising under this Agreement will be initiated and maintained in the state or federal courts in the country of Customer's Business Address. Both parties hereby irrevocably consent to such jurisdiction and venue.

c) Arbitration

The parties hereto irrevocably agree that any and all controversies, directly or indirectly related to this Agreement, will be submitted to final and binding arbitration before an arbitrator and the rules of Singapore International Arbitration Center ("SIAC Rules") then in effect.

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