Information Technology Reference
In-Depth Information
Table 4.
(
Continued
)
Legal
Obligations
and
A user is responsible
(“representing” a user is
the owner). Apple requires
a user to indemnify it from
harms resulting from user
content, use of the Service,
a violation of the
agreement, investigation
by Apple of agreement
violations and violation of
any rights of another.
Users are required to
indemnify OpenDrive.
None given to users,
none required by
users.
*Incorporated
by 9.1 “You
will defend,
indemnify, and
hold harmless
us, our affiliates
and licensors,
and … their
respective
employees,
officers,
directors, and
representatives
from
Risk
Shifting
Provisions:
Indemnifica-
tion
and
against
any
claims…”
Legal
Obligations
and
Disclaimer of damages
including:
Disclaimed, but if not
valid damages limited
to one month's worth of
charges.
Damages limited to
$20.00 or three
months worth of
subscription fees.
Damages
limited to cost
of service.
“DIRECT,
Risk
INDIRECT,
INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR
EXEMPLARY
DAMAGES,
INCLUDING, BUT NOT
LIMITED TO,
DAMAGES FOR LOSS
OF
Shifting
Provisions:
Damage
Limitation,
Waiver
or
Disclaimer
PROFITS,
GOODWILL.”
Legal
Obligations
and
None.
No arbitration, but the
sole remedy is to cease
using the service.
None.
Yes.
Risk
Shifting
Provisions:
Alternative
Dispute
Resolution—
Arbitration
Legal
Obligations
and
Choice of law, Choice of
Forum, Integration,
Survivability, Non-
assignment, Non-waiver of
enforcement.
Choice of Law, Choice
of Forum, Agreement
of exclusive and
personal jurisdiction
provision, Integration,
Survivability provision,
Non-waiver (of
enforcement) provision.
Non-assignment, but
OpenDrive may assign.
Integration, Choice
of Law, Choice of
Forum, Severability,
Non-assignment (by
user), Non-waiver
(of enforcement).
Non-waiver
provision. Non-
waiver (of
enforcement),
Non-
assignment,
Integration,
Choice of law,
Choice
Risk
Shifting
Provisions:
Boilerplate
of
forum,
Severability
located
in
Amazon
Web
Service
Customer
Agreement.
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