This analysis describes what NVIDIA NIM'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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The indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense...
Any indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following...
Indemnifying Party will have the sole authority to defend or settle a Claim
"The indemnifying party has sole control of the defense and all negotiation for any settlement or compromise of the Indemnifiable Claim; subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to make a statement admitting liability or pay money, will require the indemnified party's prior written consent...Excerpt from NVIDIA NIM's Terms of Use
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The clause states: “The indemnifying party has sole control of the defense and all negotiation for any settlement or compromise of the Indemnifiable Claim; subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to make a …”
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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