Hazardous Applications Sample Clauses
Hazardous Applications. BUYER acknowledges that SUNHILLO products are intended for use as described in its product specification and determination of the SUNHILLO products' fit for purpose and use in any hazardous environments requiring fail safe performance, such as operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, weapon systems, or any other application in which the failure of products could lead directly to death, personal injury, or severe physical or environmental damage is the sole responsibility of the BUYER.
Hazardous Applications. THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROLS OR OTHER DEVICES OR SYSTEMS IN WHICH A MALFUNCTION OF THE SOFTWARE WOULD RESULT IN FORSEEABLE RISK OF INJURY OR DEATH TO THE OPERATOR OF THE DEVICE OR SYSTEM OR TO OTHERS (“HAZARDOUS APPLICATIONS”). ORDERING ACTIVITY ASSUMES ANY AND ALL RISKS, INJURIES, LOSSES, CLAIMS AND ANY OTHER LIABILITIES ARISING OUT OF THE USE OF THE SOFTWARE IN ANY HAZARDOUS APPLICATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW. 3.5 Reserved.
Hazardous Applications. LightPath does not warrant that the Products will be free from defects or failures or suitable for use in connection with any product or application requiring fail-safe performance, such as the operation of nuclear power facilities, air traffic control or navigation systems, fire or rescue equipment, weapons control systems, medical equipment including life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction (“Hazardous Applications”). Customer is responsible for determining whether the Products are suitable for use in particular Hazardous Applications and for providing fault-tolerant design implementation of Products when they are so used. Customer will defend, indemnify and hold harmless LightPath from and against any claim by a third party based on death, personal injury or property damage as a result of any alleged defect or failure of a Product used by Customer in any Hazardous Application, regardless of whether or not the Product was defective or met LightPath’s warranties or other obligations hereunder.
Hazardous Applications. THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROLS OR OTHER DEVICES OR SYSTEMS IN WHICH A MALFUNCTION OF THE SOFTWARE WOULD RESULT IN FORSEEABLE RISK OF INJURY OR DEATH TO THE OPERATOR OF THE DEVICE OR SYSTEM OR TO OTHERS (“HAZARDOUS APPLICATIONS”). CUSTOMER ASSUMES ANY AND ALL RISKS, INJURIES, LOSSES, CLAIMS AND ANY OTHER LIABILITIES ARISING OUT OF THE USE OF THE SOFTWARE IN ANY HAZARDOUS APPLICATIONS.