“If you disclose, or cause the results of any Benchmark to be disclosed, you will include in such disclosure (i) all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services included in such disclosure, irrespective of any restrictions on Benchmarks in the terms governing your products or services”
This analysis describes what Databricks'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
This clause creates a reciprocal benchmarking right for Databricks that explicitly overrides any contractual restrictions the user may have placed on benchmarking of their own products or services.
Interpretive note: The excerpt is a subordinate clause beginning with '(ii)', indicating it is part of a larger conditional structure. The precise triggering condition for this obligation is not fully visible in the excerpt, which introduces some uncertainty about exactly when this agreement is required.
Readers who disclose Benchmark results are required to permit Databricks to benchmark their products or services and publish those results, regardless of what the reader's own terms say about benchmarking.
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"If you disclose, or cause the results of any Benchmark to be disclosed, you will include in such disclosure (i) all information necessary to replicate such Benchmark, and (ii) agree that we may perform and disclose the results of Benchmarks of your products or services included in such disclosure, irrespective of any restrictions on Benchmarks in the terms governing your products or servicesExcerpt from Databricks's AI Acceptable Use Policy
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This clause creates a reciprocal benchmarking right for Databricks that explicitly overrides any contractual restrictions the user may have placed on benchmarking of their own products or services.
Readers who disclose Benchmark results are required to permit Databricks to benchmark their products or services and publish those results, regardless of what the reader's own terms say about benchmarking.
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