This analysis describes what DocuSign'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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If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
THIS SECTION 9.1 SETS FORTH XAI'S SOLE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.
"Your obligation to indemnify any person...or to pay any damages under this Agreement will not apply to the extent the liability was caused or contributed to by the acts or omissions of Docusign.Excerpt from DocuSign's Terms and Conditions
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The clause states: “Your obligation to indemnify any person...or to pay any damages under this Agreement will not apply to the extent the liability was caused or contributed to by the acts or omissions of Docusign.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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