“PlanetScale will defend Customer against any third party claim...to the extent arising from an allegation that the Product...infringes a third party's patent or copyright valid and enforceable in the United States”
This analysis describes what PlanetScale'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
The defense obligation is scoped to U.S. patents and copyrights and is limited to claims arising from allegations about the Product itself, providing defined but not unlimited IP protection.
Interpretive note: The excerpt contains an ellipsis, suggesting conditions or qualifications exist in the full clause. The canonical claim is limited to what is explicitly present. The excerpt states 'defend' only; any indemnification or payment obligation is not established by the quoted language alone.
Readers receive a defense from PlanetScale against third-party U.S. patent or copyright infringement claims arising from the Product, to the extent such claims allege Product infringement.
How other platforms handle this
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...
THESE SECTIONS 9(B) AND 9(C) STATE RAMP'S SOLE AND EXCLUSIVE OBLIGATIONS, AND COMPANY'S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
If Customer is enjoined or otherwise prohibited from using any of the CS Service or part thereof based on a Claim covered by Contentsquare’s indemnification obligations under Section 9.1 (By Contentsquare) above, then Contentsquare will, at its sole expense and option, either: (a) obtain for Custome...
"PlanetScale will defend Customer against any third party claim...to the extent arising from an allegation that the Product...infringes a third party's patent or copyright valid and enforceable in the United StatesExcerpt from PlanetScale's Terms of Service
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The defense obligation is scoped to U.S. patents and copyrights and is limited to claims arising from allegations about the Product itself, providing defined but not unlimited IP protection.
Readers receive a defense from PlanetScale against third-party U.S. patent or copyright infringement claims arising from the Product, to the extent such claims allege Product infringement.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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