“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...”
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
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Ramp will have sole control and authority to defend the claim, provided (i) Company may participate in the defense and settlement of the claim with counsel of its own choosing at its own expense.
"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 224 platforms. See the full comparison.
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