This analysis describes what Fastly'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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THIS SECTION 9.1 SETS FORTH XAI'S SOLE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.
the indemnifying party shall have no obligation to indemnify or reimburse for any losses, damages, costs, disbursements, expenses, settlement liability of a claim or other sums paid by any Indemnified Party voluntarily, and without the indemnifying party's prior written consent
"provided Fastly (a) promptly gives Subscriber written notice of the Claim Against Fastly; (b) gives Subscriber sole control of the defense and settlement... and (c) give Subscriber all reasonable assistance, at Subscriber's expense.Excerpt from Fastly's Terms of Service
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The clause states: “provided Fastly (a) promptly gives Subscriber written notice of the Claim Against Fastly; (b) gives Subscriber sole control of the defense and settlement... and (c) give Subscriber all reasonable assistance, at Subscriber's expense.”
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