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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Compare across platforms →"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
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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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