Common use of Regional Terms Clause in Contracts

Regional Terms. The following terms apply if the Mimecast entity on the applicable Services Order is Mimecast North America, Inc: 14.1. This Agreement and any disputes hereunder will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, and any litigation concerning this Agreement shall be submitted to and resolved by a court of competent jurisdiction in Boston, Massachusetts. Notwithstanding the foregoing, either party may seek equitable, injunctive or declaratory relief to enforce any of its intellectual property rights or rights in the Confidential Information in any court of appropriate jurisdiction. 14.2. Where applicable, each party hereby waives its respective rights to a jury trial of any claim or cause of action relating to or arising out of this Agreement. This waiver is intended to encompass any and all disputes that may be filed in any court and that relate to the subject matter of this Agreement, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims. Each party further represents and warrants that it has consulted with legal counsel concerning this waiver and that it provides the waiver under this Section 14.2 knowingly and voluntarily. 14.3. This Agreement and any court proceedings shall be governed by the laws of England and Wales and held in England. Notwithstanding the foregoing, either party may seek equitable, injunctive or declaratory relief to enforce any of its intellectual property rights or rights in the Confidential Information in any court of appropriate jurisdiction. 14.4. If Licensee is located in any Middle East territory, in the event that the United Kingdom courts refuse jurisdiction, the parties agree that such dispute shall be subject to the exclusive jurisdiction of the court of the Dubai International Financial Centre, Dubai, UAE. Where such a dispute relates to a claim for a sum within the limits specified by the Dubai International Financial Centre Small Claims Tribunal, then the dispute may be referred to said tribunal. Licensee understands and acknowledges that Mimecast provides the Software in accordance with the laws of England and Wales and does not warrant or represent compliance with any specific laws, regulations, statutes or guidelines, in any other jurisdiction regardless of where Licensee is located, including without limitation, the CITC’s Cloud Computing Regulatory Framework applicable in the Kingdom of Saudi Arabia. 14.5. This Agreement and any disputes hereunder will be governed by the laws of the Republic of South Africa, without regard to its conflict of law principles. The parties hereby consent and submit to the non-exclusive jurisdiction of the ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ for the purpose of all or any legal proceedings arising from or concerning this Agreement. 14.6. This Agreement and any arbitration and court proceedings shall be governed by the federal laws of Australia and the State of Victoria and held in Melbourne, Australia. Section 9 and any restrictions herein on liability will apply only to the extent that they are consistent with non-excludable Australian laws and nothing in that Section or this Agreement limits any consumer guarantees or other rights Licensee may have under non-excludable Australian laws. Licensee hereby consents to the jurisdiction of such courts over Licensee and stipulates to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts. 14.7. THE DISCLAIMER SET FORTH IN SECTION 9 DOES NOT EXCLUDE OR LIMIT ANY STATUTORY OR IMPLIED

Regional Terms. The following terms apply if the party contracting for Mimecast entity on (as set forth in the applicable Services Order Partner Order) is Mimecast North located in the United States of America, Inc: 14.1. This Agreement and any disputes hereunder will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, and any litigation concerning this Agreement these General Terms shall be submitted to and resolved by a court of competent jurisdiction in Boston, Massachusetts. Notwithstanding the foregoing, either party may seek equitable, injunctive or declaratory relief to enforce any of its intellectual property rights or rights in the Confidential Information in any court of appropriate jurisdiction. 14.2. Where applicable, each party hereby waives its respective rights to a jury trial of any claim or cause of action relating to or arising out of this Agreement. This waiver is intended to encompass any and all disputes that may be filed in any court and that relate to the subject matter of this Agreement, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims. Each party further represents and warrants that it has consulted with legal counsel concerning this waiver and that it provides the waiver under this Section 14.2 knowingly and voluntarily. 14.3. This Agreement and any court proceedings shall be governed by the laws of England and Wales and held in England. Notwithstanding the foregoing, either party may seek equitable, injunctive or declaratory relief to enforce any of its intellectual property rights or rights in the Confidential Information in any court of appropriate jurisdiction. 14.4. If Licensee Customer is located in any Middle East territory, in the event that the United Kingdom courts refuse jurisdiction, the parties agree that such dispute shall be subject to the exclusive jurisdiction of the court of the Dubai International Financial Centre, Dubai, UAE. Where such a dispute relates to a claim for a sum within the limits specified by the Dubai International Financial Centre Small Claims Tribunal, then the dispute may be referred to said tribunal. Licensee understands and acknowledges that Mimecast provides the Software in accordance with the laws of England and Wales and does not warrant or represent compliance with any specific laws, regulations, statutes or guidelines, in any other jurisdiction regardless of where Licensee is located, including without limitation, the CITC’s Cloud Computing Regulatory Framework applicable in the Kingdom of Saudi Arabia. 14.5. This Agreement and any disputes hereunder will be governed by the laws of the Republic of South Africa, without regard to its conflict of law principles. The parties hereby consent and submit to the non-exclusive jurisdiction of the ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇South Gauteng High Court, ▇▇▇▇▇▇▇▇▇▇▇▇ Johannesburg for the purpose of all or any legal proceedings arising from or concerning this Agreement. 14.6. This Agreement and any arbitration and court proceedings shall be governed by the federal laws of Australia and the State of Victoria and held in Melbourne, Australia. Section 9 and any restrictions herein on liability will apply only to the extent that they are consistent with non-excludable Australian laws and nothing in that Section or this Agreement limits any consumer guarantees or other rights Licensee may have under non-excludable Australian laws. Licensee hereby consents to the jurisdiction of such courts over Licensee and stipulates to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts. 14.7. THE DISCLAIMER SET FORTH IN SECTION 9 DOES NOT EXCLUDE OR LIMIT ANY STATUTORY OR IMPLIEDIMPLIED GUARANTEE, CONDITION OR WARRANTY THAT MAY NOT BY OPERATION OF LAW BE EXCLUDED OR LIMITED. TO THE EXTENT PERMITTED BY LAW, LICENSOR LIMITS ITS LIABILITY UNDER ANY STATUTORY OR IMPLIED CONDITION, WARRANTY OR GUARANTEE THAT CANNOT BE EXCLUDED TO, AT THE OPTION OF LICENSOR, THE RESUPPLY OF THE SERVICES OR THE PAYMENT OF THE COST OF DOING THE SAME.

Regional Terms. The following terms apply if the Mimecast entity on the applicable Services Order is Mimecast North America, Inc: 14.113.1. This Agreement and any disputes hereunder will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles, and any litigation concerning this Agreement shall be submitted to and resolved by a court of competent jurisdiction in Boston, Massachusetts. Notwithstanding the foregoing, either party may seek equitable, injunctive or declaratory relief to enforce any of its intellectual property rights or rights in the Confidential Information in any court of appropriate jurisdiction. 14.213.2. Where applicable, each party hereby waives its respective rights to a jury trial of any claim or cause of action relating to or arising out of this Agreement. This waiver is intended to encompass any and all disputes that may be filed in any court and that relate to the subject matter of this Agreement, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims. Each party further represents and warrants that it has consulted with legal counsel concerning this waiver and that it provides the waiver under this Section 14.2 13.2 knowingly and voluntarily. 14.313.3. This Agreement and any court proceedings shall be governed by the laws of England and Wales and held in England. Notwithstanding the foregoing, either party may seek equitable, injunctive or declaratory relief to enforce any of its intellectual property rights or rights in the Confidential Information in any court of appropriate jurisdiction. 14.413.4. If Licensee is located in any Middle East territory, in the event that the United Kingdom courts refuse jurisdiction, the parties agree that such dispute shall be subject to the exclusive jurisdiction of the court of the Dubai International Financial Centre, Dubai, UAE. Where such a dispute relates to a claim for a sum within the limits specified by the Dubai International Financial Centre Small Claims Tribunal, then the dispute may be referred to said tribunal. Licensee understands and acknowledges that Mimecast provides the Software in accordance with the laws of England and Wales and does not warrant or represent compliance with any specific laws, regulations, statutes or guidelines, in any other jurisdiction regardless of where Licensee is located, including without limitation, the CITC’s Cloud Computing Regulatory Framework applicable in the Kingdom of Saudi Arabia.by 14.513.5. This Agreement and any disputes hereunder will be governed by the laws of the Republic of South Africa, without regard to its conflict of law principles. The parties hereby consent and submit to the non-exclusive jurisdiction of the ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ for the purpose of all or any legal proceedings arising from or concerning this Agreement. 14.613.6. This Agreement and any arbitration and court proceedings shall be governed by the federal laws of Australia and the State of Victoria and held in Melbourne, Australia. Section 9 8 and any restrictions herein on liability will apply only to the extent that they are consistent with non-excludable Australian laws and nothing in that Section or this Agreement limits any consumer guarantees or other rights Licensee may have under non-excludable Australian laws. Licensee hereby consents to the jurisdiction of such courts over Licensee and stipulates to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts. 14.713.7. THE DISCLAIMER SET FORTH IN SECTION 9 8 DOES NOT EXCLUDE OR LIMIT ANY STATUTORY OR IMPLIEDIMPLIED GUARANTEE, CONDITION OR WARRANTY THAT MAY NOT BY OPERATION OF LAW BE EXCLUDED OR LIMITED. TO THE EXTENT PERMITTED BY LAW, LICENSOR LIMITS ITS LIABILITY UNDER ANY STATUTORY OR IMPLIED CONDITION, WARRANTY OR GUARANTEE THAT CANNOT BE EXCLUDED TO, AT THE OPTION OF LICENSOR, THE RESUPPLY OF THE SERVICES OR THE PAYMENT OF THE COST OF DOING THE SAME.