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
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PlanetScale will, at its sole option and expense, (i) procure for Customer the right to make continued use of the Product, (ii) replace or modify such...or (iii) terminate this Agreement and refund any prepaid but unused Fees
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
Ramp may choose to defend any claim subject to indemnification hereunder, using counsel of its choice, and Company will pay or promptly reimburse Ramp for the reasonable fees of such counsel and all related costs and reasonable expenses.
"In addition to Egnyte’s obligation of indemnification, if the Services become or, in Egnyte’s opinion, are likely to become the subject of a claim of infringement, 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: “In addition to Egnyte’s obligation of indemnification, if the Services become or, in Egnyte’s opinion, are likely to become the subject of a claim of infringement, 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 …”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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