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
allow the indemnifying party the right to control the investigation, defense and settlement (if applicable) of such claim at the indemnifying party's sole cost and expense...
permits the other party to control the defense and settlement of the claim
Pinterest reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will fully cooperate with Pinterest.
"If breach of this Section 14.1.4.1 prejudices the defense of the Indemnifiable Claim, the indemnifying party’s obligations under Section 14.1.1 (NVIDIA Indemnification Obligations) or 14.1.3 (Customer Indemnification Obligations) (as applicable) will be reduced in proportion to the prejudice 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 NVIDIA Software License Agreement
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
The clause states: “If breach of this Section 14.1.4.1 prejudices the defense of the Indemnifiable Claim, the indemnifying party’s obligations under Section 14.1.1 (NVIDIA Indemnification Obligations) or 14.1.3 (Customer Indemnification Obligations) (as applicable) will be reduced in proportion to the prejudice The indemnifying party has sole control of the defense and all negotiation …”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by NVIDIA NIM.