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Atlassian agrees to defend and indemnify the Customer against third-party intellectual property infringement claims arising from authorized use of the Products, subject to specific exclusions including Customer modifications, unauthorized use, use in combination with third-party products, and unsupported software releases.
This analysis describes what Loom'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 provision establishes Atlassian's obligation to defend and indemnify the Customer for IP infringement claims arising from authorized product use, while identifying four categories of use that remove that obligation; the Customer's exclusive remedy for IP infringement is limited to this indemnification framework.
Under this clause, the Customer's exclusive remedy for third-party intellectual property infringement claims related to the Products is Atlassian's indemnification obligation; that obligation does not apply where infringement arises from Customer modifications, unauthorized use, combination with third-party products, or unsupported software releases.
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"Atlassian must: (a) defend Customer from and against any third-party claim to the extent alleging that the Products, when used by Customer as authorized by this Agreement, infringe any intellectual property right of a third party (an "Infringement Claim"), and (b) indemnify and hold harmless Customer against any damages, fines or costs finally awarded by a court of competent jurisdiction (including reasonable attorneys' fees) or agreed in settlement by Atlassian resulting from an Infringement Claim. Atlassian's obligations in this Section 15 (Indemnification by Atlassian) do not apply to the extent an Infringement Claim arises from: (a) Customer's modification or unauthorized use of the Products, (b) use of the Products in combination with items not provided by Atlassian (including Third-Party Products), (c) any unsupported release of the Software Products or Cloud Clients, or (d) Third-Party Products, Customer Data or Customer Materials.Excerpt from Loom's Terms of Service
1. REGULATORY LANDSCAPE: IP indemnification provisions are governed by contract law in the applicable jurisdiction (Irish law for EMEA customers, California law for others). No specific regulatory framework governs this provision beyond general contract enforcement. 2. GOVERNANCE EXPOSURE: Medium. The exclusion for use of Products in combination with Third-Party Products is a material carve-out given that Atlassian's products are commonly deployed with third-party integrations from the Atlassian Marketplace. Enterprise customers with complex integration environments should assess whether their deployment configurations could trigger this exclusion. 3. JURISDICTION FLAGS: The exclusive remedy designation means Customer cannot pursue alternative legal theories for IP infringement beyond the indemnification framework in both Irish and California law contexts, though applicable law may impose limitations on exclusive remedy clauses in certain circumstances. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should note that indemnification control passes entirely to Atlassian once a claim is accepted, including settlement authority (subject to the consent requirement in Section 15.3 where settlement would require Customer to admit fault or take action). Enterprise customers should review Section 15.2 procedures to ensure their incident response processes can satisfy the cooperation and notice requirements that activate Atlassian's defense obligation. 5. COMPLIANCE CONSIDERATIONS: Legal teams handling IP disputes involving Atlassian products should confirm that notice and cooperation requirements under Section 15.2 are met promptly to preserve indemnification rights. Organizations using Atlassian products with third-party integrations should document authorized use configurations to protect against exclusion arguments in the event of a claim.
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This provision establishes Atlassian's obligation to defend and indemnify the Customer for IP infringement claims arising from authorized product use, while identifying four categories of use that remove that obligation; the Customer's exclusive remedy for IP infringement is limited to this indemnification framework.
Under this clause, the Customer's exclusive remedy for third-party intellectual property infringement claims related to the Products is Atlassian's indemnification obligation; that obligation does not apply where infringement arises from Customer modifications, unauthorized use, combination with third-party products, or unsupported software releases.
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