Convention on Contracts for the International Sale of Goods shall not apply. Notwithstanding the foregoing, either party to this Agreement may, at any time, and without waiving any other rights under this Agreement, seek appropriate legal or equitable relief, including but not limited to, emergency interim and/or injunctive relief, in any court of competent jurisdiction to protect its IPR. 11.10. COUNTRY SPECIFIC PROVISIONS. For any Customer domiciled outside the United States, Canada, or Mexico, the country-specific provisions following this Section 11 shall replace or supplement the equivalent provisions of the Agreement depending on the following: (a) if Customer is executing its Use Authorization with ServiceNow Nederland B.V., then “the Netherlands” provisions apply; (b) if Customer is executing its Use Authorization with ServiceNow UK Ltd., then the “United Kingdom” provisions apply; and (c) if Customer is executing its Use Authorization with ServiceNow Australia Pty Ltd, then the “Australia” provisions apply; (d) if Customer is executing its Use Authorization with ServiceNow Brasil and (e) if Customer is executing its Use Gerenciamento de Serviços Ltda., then the “Brazil” provisions apply; Authorization with ServiceNow Japan G.K., then the “Japan” provisions apply . ONSTRUCTION. ServiceNow may provide Subscription Service only in the English language, unless 11.11. C otherwise agreed in writing. The parties have expressly requested that this Agreement and all related documents be drafted in English. Les parties confirment avoir expressément exigé que le présent contrat et les documents de ServiceNow qui y sont attachés soient rédigés en anglais. Section headings are for convenience only and are not to be used in interpreting this Agreement. This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. URLs are understood to also refer to successor URLs, URLs for localized content, and information or resources linked from within the websites at such URLs. 11.12. EN TIRETY; EXECUTION. This Agreement: (1) is the parties’ entire contract regarding its subject and supersedes all prior or contemporaneous oral or written agreements, representations, understandings, undertakings, negotiations, letters of intent, and proposals, with respect to that subject; (2) excludes any other terms Customer seeks to impose or incorporate or that may be implied by trade, custom, practice, or course of dealing; and (3) may be executed in counterparts and by electronic means to accurately send images (e.g., email or electronic signature service), and neither party will contest its validity solely because of such execution. Customer has not relied on any statement, promise, or representation not expressly included in this Agreement, including related to any possible future functionality that ServiceNow may provide or offer. THE NETHERLANDS If Customer is executing its Use Authorization with ServiceNow Nederland B.V., the following language shall replace Section 11.9 of the General Terms and Conditions: If Customer is executing its Use Authorization with ServiceNow Nederland B.V., this Agreement and any dispute or claim including non-contractual disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Ireland. The parties to this Agreement irrevocably consent to exclusive jurisdiction of, and venue in, any court of competent jurisdiction in Dublin, Ireland to adjudicate any dispute or claim arising out of or relating to this Agreement. To the extent permitted by applicable Law, the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Notwithstanding the foregoing, either party to this Agreement may, at any time, and without waiving any other rights under this Agreement, seek appropriate legal or equitable relief, including but not limited to, emergency interim and/or injunctive relief, in any court of competent jurisdiction to protect its IPR. 9 11 Page of (Version: 17November2022) © 2022 ServiceNow, Inc. All rights reserved. ServiceNow, the ServiceNow logo, Now, Now Platform, and other ServiceNow marks are trademarks and/or registered trademarks of ServiceNow, Inc. in the United States and/or other countries. Other company and product names may be trademarks of the respective companies with which they are associated.
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