This analysis describes what Adobe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
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Indemnifying Party will not settle any Claim for which it has an obligation to indemnify under this Section 6 admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party without Indemnified Party's prior written consent...
The indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense...
no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties...if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions...
"Adobe maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our Data Privacy Framework obligations, including the onward transfer provisions, and Adobe remains liable if they fail to meet those obligations and Adobe is responsible for the event giving rise to the damage.Excerpt from Adobe's Privacy Policy
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The clause states: “Adobe maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our Data Privacy Framework obligations, including the onward transfer provisions, and Adobe remains liable if they fail to meet those obligations and Adobe is responsible for the event giving rise to …”
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