This analysis describes what Cohere'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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Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.
(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.
If an IP Claim arises, the indemnifying party may, at its sole discretion and expense (i) modify the Materials it provided to be non-infringing, replace them with non-infringing alternatives, or obtain a license...or (ii) upon 30 days' notice, terminate the indemnified party's use
"The Copyright Assurance will not apply if:...Customer continues to use the Outputs: (I) if Customer knows or should reasonably know that the Outputs are infringing...or (II) notwithstanding having received notice of the Outputs infringing...Excerpt from Cohere's SaaS Agreement
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The clause states: “The Copyright Assurance will not apply if:...Customer continues to use the Outputs: (I) if Customer knows or should reasonably know that the Outputs are infringing...or (II) notwithstanding having received notice of the Outputs infringing...”
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