Common use of High Risk Activity Clause in Contracts

High Risk Activity. THE SOFTWARE MUST NOT BE USED FOR ANY HIGH RISK OR STRICT LIABILITY ACTIVITY. REAL TIME LOCATION DATA ACCESSED VIA THE SOFTWARE MAY BE INACCURATE OR INCOMPLETE. LICENSEE’S USE OF THIS SOFTWARE IS AT ITS SOLE RISK. Licensee shall not use the software for, including, without limitation, nuclear energy equipment, air or space traffic control, the operation of critical communication system, public transportation control, life support devices, or other ultra-hazardous uses where failure of the Software to perform would be reasonably expected to cause deaths, injuries or severe physical property or environmental losses. Should the Licensee engage or attempt to engage in high risk activity, Licensee shall (i) assume and accept sole responsibility for all risks arising out of, associated with or related to engaging in high risk activity; (ii) be solely responsible for any injury, loss or damage that Licensee sustains while engaged in high risk activity; (iii) hold harmless and indemnify SOTI from any and all liability for any damage to property of, or personal injury to, any third party resulting from Licensee’s engagement in high risk activity; and (iv) hold harmless, indemnify and release SOTI, its Affiliates, subsidiaries, officers, directors, agents, employees and representatives from liability for any and all claims, demands, actions and costs which may arise as a result of Licensee’s engagement in high risk activity. For added clarity, where the Licensee utilizes the Software in the performance of high risk activity, the abovementioned shall also apply in the event of a failure or deficiency in the functionality or operation of the Software.

High Risk Activity. THE SOFTWARE MUST NOT BE USED FOR ANY HIGH RISK OR STRICT LIABILITY ACTIVITY. REAL TIME LOCATION DATA ACCESSED VIA THE SOFTWARE MAY BE INACCURATE OR INCOMPLETE. LICENSEE’S USE OF THIS SOFTWARE IS AT ITS SOLE RISK. Licensee shall not use the software for, including, without limitation, nuclear energy equipment, air or space traffic control, the operation of critical communication system, public transportation control, life support devices, weapon systems or other ultra-hazardous uses where failure of the Software to perform would be reasonably expected to cause deaths, injuries or severe physical property or environmental losses. Should the Licensee engage or attempt to engage in high risk activity, Licensee shall (i) assume and accept sole responsibility for all risks arising out of, associated with or related to engaging in high risk activity; (ii) be solely responsible for any injury, loss or damage that Licensee sustains while engaged in high risk activity; (iii) hold harmless and indemnify SOTI from any and all liability for any damage to property of, or personal injury to, any third party resulting from Licensee’s engagement in high risk activity; and (iv) hold harmless, indemnify and release SOTI, its Affiliates, subsidiaries, officers, directors, agents, employees and representatives from liability for any and all claims, demands, actions and costs which may arise as a result of Licensee’s engagement in high risk activity. For added clarity, where the Licensee utilizes the Software in the performance of high risk activity, the abovementioned shall also apply in the event of a failure or deficiency in the functionality or operation of the Software.