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.
"If neither of the foregoing options is reasonably practicable, in Egnyte's judgment, Egnyte may terminate your access to the infringing Services and refund to you all prepaid subscription fees for the remainder of the Subscription Term on a pro rata basis.Excerpt from Egnyte's Terms of Service
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The clause states: “If neither of the foregoing options is reasonably practicable, in Egnyte's judgment, Egnyte may terminate your access to the infringing Services and refund to you all prepaid subscription fees for the remainder of the Subscription Term on a pro rata basis.”
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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