What is typically excluded from indemnity in traditional software licensing agreements?

In traditional software licensing agreements, minimum performance metrics are typically excluded from indemnity clauses because indemnity generally covers losses related to third-party claims, rights violations, or breaches of warranties. Performance metrics, which define the expected performance levels of the software, are usually not the focus of indemnity; instead, they are linked to service level agreements (SLAs) or the contractual obligations of the vendor. If a software fails to meet the established minimum performance metrics, the recourse typically lies within the framework of the contract rather than through indemnification provisions.

Regular software updates, user training and support, and feature expansions can often be covered under other aspects of the agreement, especially if they contribute directly to the functionality, usability, and compliance of the software. These elements play a key role in the overall service provided by the software vendor and are generally not the types of issues that indemnity clauses would address, which is primarily concerned with protection against external liability rather than internal service delivery components.