This analysis describes what Egnyte'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 shifts the financial risk of intellectual property infringement claims arising from customer-provided Content from Egnyte to the customer.
Interpretive note: The excerpt contains an ellipsis before 'infringes any patent,' which may indicate additional triggering conditions for indemnification that are not captured in the quoted language. The canonical claim is limited to what is explicitly present.
You bear financial responsibility for any costs or damages Egnyte incurs if your Content triggers a third-party intellectual property infringement claim.
How other platforms handle this
Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control...
DeepL shall not settle or recognise claims of third parties without Customer's consent which shall not be unreasonably withheld or delayed.
The Chegg Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chegg Parties.
"You agree to indemnify Egnyte, its officers, directors, employees, and agents, against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you...infringes any patent, trademark, or copyright...Excerpt from Egnyte's Terms of Service
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This shifts the financial risk of intellectual property infringement claims arising from customer-provided Content from Egnyte to the customer.
You bear financial responsibility for any costs or damages Egnyte incurs if your Content triggers a third-party intellectual property infringement claim.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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