“Subject to the foregoing, Cognition shall defend Customer against any third-party claim... that the Services, when used in accordance with the terms of this Agreement, infringes or misappropriates such third party's patents, copyrights, or trade secrets...”
This analysis describes what Windsurf'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
Windsurf bears the defense obligation for qualifying IP infringement claims, shielding compliant customers from the cost and burden of such third-party litigation.
Interpretive note: The ellipsis in the excerpt indicates the full indemnification clause is not quoted; additional conditions, exclusions, or obligations (such as indemnification for losses, not just defense) may be present but cannot be captured in the canonical claim.
If a third party claims Windsurf's Services (used as directed) infringe their patents, copyrights, or trade secrets, Windsurf must defend you.
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If Customer's use of the Service or Deliverable results (or in Snowflake's opinion is likely to result) in an infringement claim, Snowflake may either: (a) substitute functionally similar products or services; (b) procure for Customer the right to continue using...
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.
"Subject to the foregoing, Cognition shall defend Customer against any third-party claim... that the Services, when used in accordance with the terms of this Agreement, infringes or misappropriates such third party's patents, copyrights, or trade secrets...Excerpt from Windsurf's Terms of Service
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Windsurf bears the defense obligation for qualifying IP infringement claims, shielding compliant customers from the cost and burden of such third-party litigation.
If a third party claims Windsurf's Services (used as directed) infringe their patents, copyrights, or trade secrets, Windsurf must defend you.
ConductAtlas has identified this type of provision across 227 platforms. See the full comparison.
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