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
Customer provides PlanetScale: (i) prompt written notice of the Infringement Claim to support@planetscale.com, (ii) exclusive control over the defense and settlement of the Infringement Claim
The obligations under this Section 7 will apply only if the party seeking defense or indemnity: (a) gives the other party prompt written notice of the claim
The party seeking indemnity...must give the other party...the following: (i) prompt written notice of any claim...,(ii) all cooperation and assistance reasonably requested by the Indemnitor in the defense of the claim...and (iii) sole control over the defense and settlement of the claim...
"The indemnifying party is notified promptly in writing by the indemnified party of any Indemnifiable Claim and the indemnified party will reasonably cooperate with the indemnifying party in the defense of the Indemnifiable Claim, at the indemnifying party's expense.Excerpt from NVIDIA NIM's NVIDIA Software License Agreement
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The clause states: “The indemnifying party is notified promptly in writing by the indemnified party of any Indemnifiable Claim and the indemnified party will reasonably cooperate with the indemnifying party in the defense of the Indemnifiable Claim, at the indemnifying party's expense.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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