Baseten policy evolution

“This section states the sole and exclusive remedy of Customer and the entire liability of Baseten, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement claims and actions. 10.2 By Customer. Customer will defend at its expense any suit brought against Baseten, and will pay any settlement Customer makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of or relating to (a) an Exclusion, (b) the Customer Marks, or (c) Customer’s breach or alleged breach of Sections 5.2 (Customer Warranty). 10.3 Procedure. The indemnifying party’s obligations as set forth above are expressly conditioned upon each of the foregoing: (a) the indemnified party will promptly notify the indemnifying party in writing of any threatened or actual claim or suit; (b) the indemnifying party will have sole control of the defense or settlement of any claim or suit; and (c) the indemnified party will cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit.”

“This section states the sole and exclusive remedy of Customer and the entire liability of Baseten, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement claims and actions. 10.2 By Customer. Customer will defend at its expense any suit brought against Baseten, and will pay any settlement Customer makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of or relating to (a) an Exclusion, (b) the Customer Marks, or (c) Customer’s breach or alleged breach of Sections 5.2 (Customer Warranty). 10.3 Procedure. The indemnifying party’s obligations as set forth above are expressly conditioned upon each of the foregoing: (a) the indemnified party will promptly notify the indemnifying party in writing of any threatened or actual claim or suit; (b) the indemnifying party will have sole control of the defense or settlement of any claim or suit; and (c) the indemnified party will cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit.”

“8.1 Types of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BASETEN BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN BASETEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. 8.2 Amount of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF BASETEN ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO BASETEN DURING THE TWELVE (12) MONTHS PRECEDING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. IN NO EVENT WILL BASETEN’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. 8.3 Basis of the Bargain. The parties agree that the limitations of liability set forth in this Section 8 (Limitation of Liability) will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the prices have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.”

“This section states the sole and exclusive remedy of Customer and the entire liability of Baseten, or any of the officers, directors, employees, shareholders, contractors or representatives of the foregoing, for infringement claims and actions. 10.2 By Customer. Customer will defend at its expense any suit brought against Baseten, and will pay any settlement Customer makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of or relating to (a) an Exclusion, (b) the Customer Marks, or (c) Customer’s breach or alleged breach of Sections 5.2 (Customer Warranty). 10.3 Procedure. The indemnifying party’s obligations as set forth above are expressly conditioned upon each of the foregoing: (a) the indemnified party will promptly notify the indemnifying party in writing of any threatened or actual claim or suit; (b) the indemnifying party will have sole control of the defense or settlement of any claim or suit; and (c) the indemnified party will cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit.”

“If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:”

“With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.”

“The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:”

“We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission. We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us. If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.”

“With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.”

“If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:”

“3.1 Baseten License Grant. Subject to the terms and conditions of this Agreement, Baseten grants to Customer a non-exclusive, non-transferable (except as permitted under Section 12.5 (No Assignment)) license during the Term (as defined below) (a) to access and use the Baseten Products & Services solely for Customer’s internal business purposes and to make Customer’s Customer Models available to End Users in accordance with the Documentation and applicable limitations (if any) set forth in the Order; (b) to use and reproduce a reasonable number of copies of the Documentation solely to support Customer’s use of the Baseten Products & Services; and (c) if, and to the extent, Customer is the Hosting Party, to host the applicable Baseten Products & Services in Customer’s Supported Environment in accordance with the Documentation. Customer may permit any Authorized Users to access and use the features and functions of the Baseten Products & Services as contemplated by this Agreement. 3.2 Restrictions. Customer will not, and will not permit any Authorized User, End User or other party to: (a) allow any third party to access the Baseten Products & Services or Documentation, except as expressly allowed herein; (b) modify, adapt, alter or translate the Baseten Products & Services or Documentation; (c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Baseten Products & Services or Documentation for the benefit of any unauthorized third party; (d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Baseten Products & Services, except as permitted by law; (e) interfere in any manner with”

“As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit. Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return. We may sell and may have sold in the last twelve (12) months the following categories of personal information:”

“We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission. We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us. If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.”

“The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:”

“Baseten’s Obligations.‍ The business purposes and services for which Baseten is Processing personal information are for Baseten to provide the services to and on behalf of Customer as set forth in the Agreement. It is the Parties’ intent that with respect to any personal information, Baseten is a service provider. Baseten (a) acknowledges that personal information is disclosed by Customer only for the limited and specific purposes described in the Agreement; (b) shall comply with applicable obligations under the CCPA and shall provide the same level of privacy protection to personal information as is required by the CCPA; (c) agrees that Customer has the right to take reasonable and appropriate steps under Section 10 (Audit Rights) of this DPA to help ensure that Baseten’s use of personal information is consistent with Customer’s obligations under the CCPA; (d) shall notify Customer in writing of any determination made by Baseten that it can no longer meet its obligations under the CCPA; and (e) agrees that Customer has the right, upon notice, including pursuant to the preceding clause, to take reasonable and appropriate steps to stop and remediate unauthorized use of personal information. Baseten shall not (a) sell or share any personal information; (b) retain, use or disclose any personal information for any purpose other than for the business purposes specified in the Agreement, including retaining, using or disclosing the personal information for a commercial purpose other than the business purpose specified in the Agreement, or as otherwise permitted by CCPA; (c) retain, use or disclose the personal information outside of the direct business relationship between Baseten and Customer; or (d) combine personal information received pursuant to the Agreement with”

“3.1 Baseten License Grant. Subject to the terms and conditions of this Agreement, Baseten grants to Customer a non-exclusive, non-transferable (except as permitted under Section 12.5 (No Assignment)) license during the Term (as defined below) (a) to access and use the Baseten Products & Services solely for Customer’s internal business purposes and to make Customer’s Customer Models available to End Users in accordance with the Documentation and applicable limitations (if any) set forth in the Order; (b) to use and reproduce a reasonable number of copies of the Documentation solely to support Customer’s use of the Baseten Products & Services; and (c) if, and to the extent, Customer is the Hosting Party, to host the applicable Baseten Products & Services in Customer’s Supported Environment in accordance with the Documentation. Customer may permit any Authorized Users to access and use the features and functions of the Baseten Products & Services as contemplated by this Agreement. 3.2 Restrictions. Customer will not, and will not permit any Authorized User, End User or other party to: (a) allow any third party to access the Baseten Products & Services or Documentation, except as expressly allowed herein; (b) modify, adapt, alter or translate the Baseten Products & Services or Documentation; (c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Baseten Products & Services or Documentation for the benefit of any unauthorized third party; (d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Baseten Products & Services, except as permitted by law; (e) interfere in any manner with”