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sricnw-, <br />SERVICENOw EXPRESS GENERAL TERMS AND CONDITIONS <br />to assume or create any obligation of any kind expressed or implied in the name of or on behalf of the other party. ServiceNow <br />may at any time subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party or <br />agent. <br />8.9. GOVERNING LAW; VENUE; TIME FOR BRINGING ACTION. The Agreement shall be governed by, subject <br />to, and interpreted in accordance with the laws of the state of California, United States of America, if Customer is located in <br />Canada, United States or Mexico, and the laws of England if Customer is located elsewhere. If Customer is located in Canada, <br />United State or Mexico, the parties hereby irrevocably consent to the nonexclusive jurisdiction of, and venue in, any federal or <br />state court of competent jurisdiction located in San Diego, California, or New York, New York, for the purposes of adjudicating <br />any action or proceeding to enforce the terms of the Agreement. If Customer is located elsewhere, then any dispute arising <br />under the Agreement shall be finally settled by binding arbitration in London, England. Such arbitration shall be conducted in <br />English in accordance with the rules of the International Chamber of Commerce by one (1) arbitrator appointed in accordance <br />with such rules. The arbitrator shall allow such discovery as is appropriate in accomplishing a fair, speedy, and cost-effective <br />resolution of the dispute, and shall be expressly empowered to issue appropriate injunctive relief. The award of arbitration shall <br />be final and binding upon both parties, and judgment on the award rendered by the arbitrator may be entered in any court <br />having jurisdiction thereof. Any monetary award shall be payable in United States dollars. To the extent permitted by law, <br />choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. No <br />cause of action arising hereunder or relating hereto may be brought more than one (1) year after it first accrues. The prevailing <br />party in an action to enforce the Agreement shall be entitled to costs of bringing the claim and reasonable attorneys' and <br />experts' fees and expenses. Notwithstanding the foregoing, either party may at any time seek and obtain appropriate legal or <br />equitable relief in any court of competent jurisdiction for claims regarding such party's intellectual property rights. <br />8.10. CONSTRUCTION. The Subscription Service and Professional Services shall be provided in the English <br />language unless agreed otherwise. The parties confirm that they have requested that the Agreement and all related <br />documents be drafted in English at the express wishes of the parties. Les parties ont exige que le present contrat et <br />ServiceNow Ies documents connexes soient rediges en anglais selon la volonte expresse des parties. Capitalized terms not <br />defined herein shall have the meaning set forth or referenced in the Subscription Service Guide. Section headings are for <br />convenience only and are not to be used in interpreting the Agreement. <br />SERVICENOw PROPR ETARY AND CONFIDENTIAL Page 6 (version 10/21//2014) <br />