Common use of Risk of Infringement of Intellectual Property Rights Clause in Contracts

Risk of Infringement of Intellectual Property Rights. Partner acknowledges the risk that Users who access Partner Applications through the AppExchange, including through the pre-purchase “Test Drive” (or similarly functional) feature of the AppExchange, may develop applications that infringe or misappropriate Partner’s intellectual property rights in Partner Applications. Nothing in this Agreement restricts Partner from pursuing claims against such Users. However, in that event, Partner agrees that SFDC’s provision of the AppExchange does not constitute contributory infringement or aiding or abetting of any such infringement or misappropriation.