This analysis describes what Zendesk'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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This Section 9.1(b) states the indemnifying party's entire liability to the indemnified parties, and the indemnified parties' sole and exclusive rights and remedies, with respect to an IP Claim.
THIS SECTION 9.1 SETS FORTH XAI'S SOLE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
the exclusive right to control and direct the investigation, defense and settlement of the Infringement Claim
"This Section 9.1 states Customer's only remedy regarding any IP Claim.Excerpt from Zendesk's Terms of Service
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The clause states: “This Section 9.1 states Customer's only remedy regarding any IP Claim.”
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