Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.
Loom
· Atlassian Customer Agreement
(b) use of the Products in combination with items not provided by Atlassian (including Third-Party Products)
xAI
· xAI Enterprise Terms of Service
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.
Stripe
· Stripe Terms of Service
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.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless StockX, its affiliates, and their respective officers, directors, agents, and employees...
Khan Academy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Khan Academy...
...any Intellectual Property Rights in the U.S., Canada, European Union member countries, the United Kingdom, Australia, or New Zealand.
if Klaviyo reasonably determines that Customer is unwilling or unable to defend Klaviyo or another indemnified party's interests, then Klaviyo may assume the defense against any claims at Customer's sole expense.
Klaviyo may, at Klaviyo's option: (a) procure for Customer the right to continue using the Service; (b) replace or modify the Services to be non-infringing... or (c) terminate this Agreement and refund to Customer the pro-rated portion of any prepaid …
Failure by the indemnified party to notify the indemnifying party of the claim under Section 9.3(i) will not relieve the indemnifying party of its obligations under this Section 9; however, the indemnifying party will not be liable for...
Failure by the Indemnified Party to notify the Indemnifying Party of a claim under this section will not relieve the Indemnifying Party of its obligations... However, the Indemnifying Party will not be liable for any litigation expenses...
Google
· Google Terms of Service
If you're legally exempt from certain responsibilities, including indemnification, then those responsibilities don't apply to you under these terms.
Wyze
· Wyze Terms of Service
if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Wyze for certain costs and damages.
Lime
· Lime Terms of Service
The Released Parties reserve the right to assume the exclusive defense of any claims or lawsuits, and you agree not to settle any of the foregoing without the applicable Released Parties' prior written consent.
YOU RELEASE SIMPLISAFE FROM, AND INDEMNIFY AND HOLD HARMLESS SIMPLISAFE FOR ANY ISSUES OR CLAIMS STEMMING FROM THE FUNCTION OR LACK THEREOF OF ANY DEVICE-BASED PERMISSIONS OR HOW SUCH PERMISSIONS IMPACT...THE SYSTEM OR SERVICES.
no settlement admitting liability on the part of the Luma Party may be made without the express written consent of the Luma Party...
Meta
· Llama API Terms of Service
Meta's indemnification obligation...excludes any claims arising from:...(viii) allegations of trademark infringement based on your use of Outputs in trade or commerce
Miro
· Miro Terms of Service
Miro's obligations in this Section 14 do not apply (1) to the extent infringement results from Customer's modification of the Service or use of the Service in combination with items not specified in the Documentation or provided by Miro...
Mixpanel will have no liability for any Claim that arises in whole or in part from: (a) modifications to the Application Service made by Customer or any third party; (b) the combination, operation or use of the Application Services with …
Stripe
· Stripe Terms of Service
A party's obligations to indemnify the other party do not apply to the extent the Claim or Losses arise out of the other party's breach of this Agreement, negligence, fraud or willful misconduct.
If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
AWS
· AWS Customer Agreement
AWS will have no obligations or liability arising from your or any End User's use of the Services after AWS has notified you to discontinue such use.
Fastly
· Fastly Terms of Service
provided no indemnified party shall be entitled to any form of equitable or implied indemnification at any time.
we will have no obligations or liability arising from your use of the Offerings after we have notified you to discontinue such use.
Neither party will have obligations or liability under this Section 8.2 arising from infringement by you combining the Offerings with any other product, service, software, data, content or method.
Runway
· Runway Terms of Service
This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation...
(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.
Modal
· Modal Terms of Service
the indemnifying party shall have no obligation to indemnify or reimburse for any losses, damages, costs, disbursements, expenses, settlement liability of a claim or other sums paid by any Indemnified Party voluntarily, and without the indemnifying party's prior written consent
AWS
· AWS Customer Agreement
Neither party will have obligations or liability under this Section 7.2 arising from infringement by combinations of the Services or Your Content, as applicable, with any other product, service, software, data, content or method.
AWS
· AWS Customer Agreement
In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.