Common use of Applicable Law; Disputes Clause in Contracts

Applicable Law; Disputes. The parties specifically agree that the U.N. Convention on the International Sale of Goods, the Uniform Computer Information Transactions Act (“UCITA”), shall not apply to any and all actions performed by either party hereunder in furtherance of this SaaS Agreement. This SaaS Agreement and all resulting claims and/or counterclaims shall be governed, construed, enforced and performed in accordance with the laws of the State of New York, United States of America, without reference and/or regard to its conflicts of laws principles. Any such dispute arising out of or in connection or associated with this SaaS Agreement shall be referred to and finally resolved by arbitration, by a single arbitrator, in accordance with the Rules of the American Arbitration Association then in force (“Arbitration”); provided, however, that either party may, at its sole discretion, seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect its proprietary or confidential information. The language used in the arbitral proceedings, and the governing language of this SaaS Agreement, shall be English. Unless otherwise mutually agreed upon in writing by the parties, the site of the Arbitration shall be in New York City, New York, U.S.A. Judgment upon the award of the arbitration may be entered in any court having jurisdiction thereof.