This analysis describes what Heap'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 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
If Customer's use of the Service or Deliverable results (or in Snowflake's opinion is likely to result) in an infringement claim, Snowflake may either: (a) substitute functionally similar products or services; (b) procure for Customer the right to continue using...
This Section 16 states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in this Section 16.
"If Customer is enjoined or otherwise prohibited from using any of the CS Service or part thereof based on a Claim covered by Contentsquare’s indemnification obligations under Section 9.1 (By Contentsquare) above, then Contentsquare will, at its sole expense and option, either: (a) obtain for Customer the right to use the affected part of the CS Service; (b) modify the allegedly infringing part...or (c) replace the allegedly infringing part...with items of substantially similar functionality...Excerpt from Heap's Contentsquare Master Service Agreement
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The clause states: “If Customer is enjoined or otherwise prohibited from using any of the CS Service or part thereof based on a Claim covered by Contentsquare’s indemnification obligations under Section 9.1 (By Contentsquare) above, then Contentsquare will, at its sole expense and option, either: (a) obtain for Customer the right to use …”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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