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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If Google does not believe the remedies in Section 13.5(a) are commercially reasonable, then Google may Suspend or terminate Customer's use of the impacted Services. If Google terminates the impacted Services, then upon Customer request Google will refund to Customer any unused prepaid Fees...
this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
This Section 16 states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of claim described in this Section 16.
"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 NVIDIA Software License Agreement
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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 224 platforms. See the full comparison.
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