mwbsys.com, as data

<textarea disabled class="agreement mktoField mktoHasWidth mktoValid" id="resellerAgreement" name="resellerAgreement">MANAGED SERVICES PROVIDER AGREEMENT v2.012.4 No Damages Upon Termination; No Dealer Protection. MSP EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO RECEIVE ANY COMPENSATION, INDEMNITY, TERMINATION FEE(S) OR DAMAGES UPON TERMINATION OR EXPIRATION OF THIS AGREEMENT UNDER THE LAWS OF THE TERRITORY OR OTHERWISE, INCLUDING ANY DEALER OR DISTRIBUTOR PROTECTION LAWS IN ANY APPLICABLE JURISDICTION UNDER ANY THEORY, OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT.12.5 Survival. Sections 5, 6, 7, 8.1, 9, 10, 11, 12.3, 12.4, 12.5 and 13 will survive termination of this Agreement for any reason.13.2. Governing Law and Jurisdiction. The law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement, and the courts that have jurisdiction over any such dispute or lawsuit, depend on where MSP is domiciled.(a) The United States of America or Canada, then the governing law shall be that of the State of California and controlling United States federal law. Furthermore, the state and federal courts located in Santa Clara county, California, USA shall have exclusive jurisdiction;(b) A country in Asia or the Pacific region, including Japan, Australia and New Zealand, then the governing law shall be that of Singapore. Furthermore, the courts located in Singapore shall have exclusive jurisdiction; OR(c) Any country other than the above, then the governing law shall be that of England and Wales. Furthermore, the courts located in London, England shall have exclusive jurisdiction.The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.13.2. Notices. All notices under this Agreement shall be in writing and shall be deemed given upon receipt.13.3. Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.13.4. Modifications, Waiver. No amendment to, or waiver of right under, this Agreement or any Order Form is effective unless in writing signed by authorized representatives of the parties. Any failure by a party to comply with any obligation, agreement or condition herein may be expressly waived in writing by each of the other parties, but such waiver or failure to insist upon strict compliance with such obligation, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any such subsequent or other failure.13.5. Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.