Salesforce.com 2015 Annual Report Download - page 34

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ITEM 3. LEGAL PROCEEDINGS
In the ordinary course of business, we are or may be involved in various legal proceedings and claims
related to alleged infringement of third-party patents and other intellectual property rights, commercial, corporate
and securities, labor and employment, class actions, wage and hour, and other claims. We have been, and may in
the future be, put on notice or sued by third parties for alleged infringement of their proprietary rights, including
patent infringement.
During fiscal 2015, the Company received a communication from a large technology company alleging that
the Company infringed certain of its patents. The Company continues to analyze this claim. No litigation has
been filed to date. There can be no assurance that this claim will not lead to litigation in the future. The resolution
of this claim is not expected to have a material adverse effect on the Company’s financial condition, but it could
be material to the net income or cash flows or both of a particular quarter.
We evaluate all claims and lawsuits with respect to their potential merits, our potential defenses and
counterclaims, settlement or litigation potential and the expected effect on us. Our technologies may be subject to
injunction if they are found to infringe the rights of a third party. In addition, many of our subscription
agreements require us to indemnify our customers for third-party intellectual property infringement claims,
which could increase the cost to us of an adverse ruling on such a claim.
The outcome of any claims or litigation, regardless of the merits, is inherently uncertain. Any claims and
other lawsuits, and the disposition of such claims and lawsuits, whether through settlement or litigation, could be
time-consuming and expensive to resolve, divert our attention from executing our business plan, result in efforts
to enjoin our activities, lead to attempts by third parties to seek similar claims and, in the case of intellectual
property claims, require us to change our technology, change our business practices, pay monetary damages or
enter into short- or long-term royalty or licensing agreements.
In general, the resolution of a legal matter could prevent us from offering our service to others, could be
material to our financial condition or cash flows, or both, or could otherwise adversely affect our operating
results.
We make a provision for a liability relating to legal matters when it is both probable that a liability has been
incurred and the amount of the loss can be reasonably estimated. These provisions are reviewed at least quarterly
and adjusted to reflect the impacts of negotiations, estimated settlements, legal rulings, advice of legal counsel
and other information and events pertaining to a particular matter. In our opinion, resolution of all current matters
is not expected to have a material adverse impact on our consolidated results of operations, cash flows or
financial position. However, depending on the nature and timing of any such dispute, an unfavorable resolution
of a matter could materially affect our future results of operations or cash flows, or both, of a particular quarter.
ITEM 4. MINE SAFETY DISCLOSURES
Not applicable.
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