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
How other platforms handle this
If Google reasonably believes the Services might infringe a third party's Intellectual Property Rights, then Google may, at its sole option and expense: (i) procure the right for Customer to continue using the Services; (ii) modify the Services to make them non-infringing...
To the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement...
In response to an actual or potential Infringement Claim, Atlassian may, at its option: (a) procure rights for Customer's continued use of the Products, (b) replace or modify the alleged infringing portion...or (c) terminate the affected Subscription Term...
"Should the Enterprise Products become (or in NVIDIA's opinion be likely to become) the subject of any Indemnifiable Claim, NVIDIA will have the option, at its sole discretion and expense: (i) to procure for Customer Indemnitees the right to continue using the Enterprise Products; (ii) to replace or modify the Enterprise Products...Excerpt from NVIDIA NIM's Terms of Use
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The clause states: “Should the Enterprise Products become (or in NVIDIA's opinion be likely to become) the subject of any Indemnifiable Claim, NVIDIA will have the option, at its sole discretion and expense: (i) to procure for Customer Indemnitees the right to continue using the Enterprise Products; (ii) to replace or modify the …”
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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