Partner Agreement
구독자의 주요 사업장(또는 구독자가 개인이면 구독자가 거주하는 곳) | 여기서 언급하는 “벤틀리”는 다음과 같은 벤틀리 법인을 의미한다. | 준거법: | 분쟁 해결을 위한 독점 관할권/포럼: |
미국 및 캐나다 | Bentley Systems, Inc. a Delaware corporation having its registered office at 685 Stockton Drive, Exton, PA 19341-0678 | 펜실베이니아주 | In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Philadelphia, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, either party has the right to commence proceedings against the other party in any court in respect of a failure by a party to comply with (i) any payment obligations; or (ii) any breach of confidentiality obligations under the Agreement without first submitting to binding arbitration. |
영국 | Bentley Systems (UK) Limited, having its registered office at 43rd Floor, 8 Bishopsgate, London, United Kingdom, EC2N 4BQ | 잉글랜드와 웨일즈 | In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in London, United Kingdom in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration. |
브라질 | 벤틀리 Systems Brasil Ltda., 등록 사무소: Avenida Paulista, 2537. 9º. Andar. Sala 09-114, São Paulo, SP, Zip Code 01310-100 | 브라질 | In the event of disputes, controversies, questions, doubts or claims (“Dispute”) between the parties resulting from this Agreement, the parties shall use their best efforts to resolve the Dispute. For this purpose, either party may notify the other to attend a meeting at which an attempt will be made to resolve the Dispute through friendly discussions in good faith (“Dispute Notice”). Except as otherwise provided in this Agreement, if the parties do not find a solution, within a period of 30 (thirty) days after the delivery of the Dispute Notice from one party to the other, then the Dispute shall be resolved through arbitration. The arbitration procedure will be conducted by the AMCHAM Arbitration and Mediation Center in accordance with its rules (“Arbitration Rules”). The resolution of a Dispute through arbitration procedure will only be applicable in the event that the disputed amount exceeds BRL 5,000,000.00 (five million reais). If this amount is not reached, the Dispute will be conducted, through litigation in the Courts of the City of São Paulo, State of São Paulo. The parties recognize that any of the parties may request an urgent injunctive relief before the Courts of the City of São Paulo, State of São Paulo, and such request will not be considered incompatible with, or as a waiver of, any provisions contained in this clause or in Law 9.307/96. In addition to the authority of the arbitration court conferred by the Arbitration Rules, the arbitral tribunal has the authority to issue orders and grant preliminary injunctions, precautionary measures, injunctive relief and determine specific enforcement, when deemed fair and equitable. The election of the arbitration forum carried out by the parties to this Agreement does not prevent any of the parties from judicially executing the arbitral award or the certain and enforceable obligations under this Agreement. |
멕시코 | BENTLEY SYSTEMS DE MEXICO S.A., having its registered office at Insurgentes Sur 1079 piso 3, Oficina 03-125, Colonia Noche Buena, Delegación Benito Juárez, C.P. 03720, Ciudad de México | 멕시코 | In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Mexico City, Mexico, in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration. |
중국 | Bentley Systems (Beijing) Co., Ltd., 등록 사무소: Unit 1405-06, Tower 1, China Central Place, No. 81 Jianguo Road, Chaoyang District, Beijing, China | 중화인민공화국 | The parties agree to resolve amicably any dispute or difference arising from or in connection with the Agreement. In the event the parties are unable to settle the dispute or difference within 30 days from the delivery by any party of a notice confirming the existence of the dispute, any party may submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing (“CIETAC”) for final and binding arbitration in accordance with CIETAC’s rules and procedures. The award rendered by CIETAC shall be enforceable by any court of competent jurisdiction. |
대만 | Bentley Systems, Incorporated, 대만 지사, 등록 사무소: Spaces, 1F., No. 170, Sec. 3, Nanjing E.Rd., Zhongshan Dist., Taipei City 104, Taiwan, Republic of China | 대만 | Any dispute, controversy, difference or claim arising out of, relating to or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Association’s arbitration rules. The place of arbitration shall be in Taipei, Taiwan. The language of arbitration shall be English. The arbitral award shall be final and binding upon both parties. |
인도 | Bentley Systems India Private Limited, 등록 사무소: Suite No. 1001 & 1002, WorkWell Suites, 10th Floor, Max House, 1516/338, 339, 340, Village Bahapur, New Delhi 110020, India | 인도 | In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in New Delhi, India appointed in accordance with the Rules of Arbitration of the International Chamber of Commerce, and such dispute, controversy or claim shall be finally settled in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Subject to arbitrations, the parties agree to submit to the exclusive jurisdiction of courts in New Delhi, India. However, notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration. |
위에 설명된 국가 또는 지역을 제외한 전 세계 | Bentley Systems International Limited, having its registered office at 6th Floor, 1 Cumberland St, Fenian St, Dublin 2, D02 AX07, Ireland | 아일랜드 | In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Dublin, Ireland in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration. |
Partner’s principal place of business (or, if the Partner is an individual, where the Subscriber is resident)
여기서 언급하는 “벤틀리”는 다음과 같은 벤틀리 법인을 의미한다.
Bentley Systems, Inc. a Delaware corporation having its registered office at 685 Stockton Drive, Exton, PA 19341-0678
준거법:
Commonwealth of Pennsylvania
분쟁 해결을 위한 독점 관할권/포럼:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Philadelphia, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, either party has the right to commence proceedings against the other party in any court in respect of a failure by a party to comply with (i) any payment obligations; or (ii) any breach of confidentiality obligations under the Agreement without first submitting to binding arbitration.
References to “Bentley” mean the following Bentley entity:
Bentley Systems (UK) Limited, having its registered office at 43rd Floor, 8 Bishopsgate, London, United Kingdom, EC2N 4BQ
Governing law is:
England and Wales
분쟁 해결을 위한 독점 관할권/포럼:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in London, United Kingdom in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own attorney’s fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.
References to “Bentley” mean the following Bentley entity:
Bentley Systems Brasil Ltda., having its registered office at Avenida Paulista, 2537. 9º. Andar. Sala 09-114, São Paulo, SP, Zip Code 01310-100
Governing law is:
브라질
분쟁 해결을 위한 독점 관할권/포럼:
In the event of disputes, controversies, questions, doubts or claims (“Dispute”) between the parties resulting from this Agreement, the parties shall use their best efforts to resolve the Dispute. For this purpose, either party may notify the other to attend a meeting at which an attempt will be made to resolve the Dispute through friendly discussions in good faith (“Dispute Notice”). Except as otherwise provided in this Agreement, if the parties do not find a solution, within a period of 30 (thirty) days after the delivery of the Dispute Notice from one party to the other, then the Dispute shall be resolved through arbitration. The arbitration procedure will be conducted by the AMCHAM Arbitration and Mediation Center in accordance with its rules (“Arbitration Rules”).
The resolution of a Dispute through arbitration procedure will only be applicable in the event that the disputed amount exceeds BRL 5,000,000.00 (five million reais). If this amount is not reached, the Dispute will be conducted, through litigation in the Courts of the City of São Paulo, State of São Paulo.
The arbitration shall be conducted in Portuguese by three arbitrators. The complainant must appoint an arbitrator in the “Request for Arbitration”, and the respondent must appoint an arbitrator at its first opportunity to demonstrate. If one of the parties fails to appoint its respective arbitrator, the latter will be appointed in accordance with the procedure set out in the Arbitration Rules. The two arbitrators shall, by mutual agreement, appoint the third arbitrator, who shall be the president of the arbitral tribunal. If there is no consensus, the third arbitrator will be appointed in accordance with the Arbitration Rules.
The parties recognize that any of the parties may request an urgent injunctive relief before the Courts of the City of São Paulo, State of São Paulo, and such request will not be considered incompatible with, or as a waiver of, any provisions contained in this clause or in Law 9.307/96. In addition to the authority of the arbitration court conferred by the Arbitration Rules, the arbitral tribunal has the authority to issue orders and grant preliminary injunctions, precautionary measures, injunctive relief and determine specific enforcement, when deemed fair and equitable.
The arbitration award must be expressed in writing and reasoned, being considered final and binding between the parties, in addition to being enforceable in accordance with its terms. The arbitration award may determine the distribution of costs related to the arbitration process, including reasonable attorneys’ fees and disbursements.
The election of the arbitration forum carried out by the parties to this Agreement does not prevent any of the parties from judicially executing the arbitral award or the certain and enforceable obligations under this Agreement.
References to “Bentley” mean the following Bentley entity:
BENTLEY SYSTEMS DE MEXICO S.A., having its registered office at Insurgentes Sur 1079 piso 3, Oficina 03-125, Colonia Noche Buena, Delegación Benito Juárez, C.P. 03720, Ciudad de México
Governing law is:
Mexico
분쟁 해결을 위한 독점 관할권/포럼:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Mexico City, Mexico, in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.
References to “Bentley” mean the following Bentley entity:
Bentley Systems (Beijing) Co., Ltd., having its registered office at Unit 1405-06, Tower 1, China Central Place, No. 81 Jianguo Road, Chaoyang District, Beijing, China
Governing law is:
중화인민공화국
분쟁 해결을 위한 독점 관할권/포럼:
The parties agree to resolve amicably any dispute or difference arising from or in connection with the Agreement. In the event the parties are unable to settle the dispute or difference within 30 days from the delivery by any party of a notice confirming the existence of the dispute, any party may submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing (“CIETAC”) for final and binding arbitration in accordance with CIETAC’s rules and procedures. The award rendered by CIETAC shall be enforceable by any court of competent jurisdiction.
References to “Bentley” mean the following Bentley entity:
Bentley Systems, Incorporated, Taiwan Branch, having its registered office at Spaces, 1F., No. 170, Sec. 3, Nanjing E.Rd., Zhongshan Dist., Taipei City 104, Taiwan, Republic of China
Governing law is:
대만
분쟁 해결을 위한 독점 관할권/포럼:
본 계약 또는 본 계약의 위반, 종료 또는 무효와 관련하여 발생하는 모든 분쟁, 논쟁, 차이 또는 청구는 협회의 중재 규칙에 따라 타이페이의 중국중재협회에 회부된 중재에 따라 최종적으로 해결한다. 중재 장소는 대만 타이페이이다. 중재 언어는 영어이다. 중재 판정은 최종적이며 양 당사자를 구속한다.
References to “Bentley” mean the following Bentley entity:
Bentley Systems India Private Limited, having its registered office at Suite No. 1001 & 1002, WorkWell Suites, 10th Floor,
Max House, 1516/338, 339, 340, Village Bahapur, New Delhi 110020, India
Governing law is:
인도
분쟁 해결을 위한 독점 관할권/포럼:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in New Delhi, India appointed in accordance with the Rules of Arbitration of the International Chamber of Commerce, and such dispute, controversy or claim shall be finally settled in accordance with the said Rules. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Subject to arbitrations, the parties agree to submit to the exclusive jurisdiction of courts in New Delhi, India. However, notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.
References to “Bentley” mean the following Bentley entity:
Bentley Systems International Limited, having its registered office at 6th Floor, 1 Cumberland St , Fenian St, Dublin 2, D02 AX07, Ireland
Governing law is:
Ireland
분쟁 해결을 위한 독점 관할권/포럼:
In the event of any dispute, controversy or claim between the parties arising under this Agreement, the parties shall submit to binding arbitration before a single arbitrator in Dublin, Ireland in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The decision of the arbitrator shall be final and binding on the parties, and the judgment upon the award rendered by the arbitrator shall be enforceable in any court of competent jurisdiction. Each party shall bear its own legal fees, costs, and expenses incurred in such arbitration. Notwithstanding the foregoing, Bentley has the right to commence proceedings against Partner in any court in respect of a failure by Partner to comply with its payment obligations under the Agreement without first submitting to binding arbitration.