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
How other platforms handle this
If Google does not believe the remedies in Section 13.5(a) are commercially reasonable, then Google may Suspend or terminate Customer's use of the impacted Services...Google will refund to Customer any unused prepaid Fees...
We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.
WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
"Egnyte may, at its sole option and expense, either procure for you the right to continue using the Services...or replace or modify the Services to be non-infringing without material decrease in functionality.Excerpt from Egnyte's Terms of Service
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The clause states: “Egnyte may, at its sole option and expense, either procure for you the right to continue using the Services...or replace or modify the Services to be non-infringing without material decrease in functionality.”
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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