Common use of Responsibilities of Customer Clause in Contracts

Responsibilities of Customer. The software is not intended for use in connection with any high-risk activity, including, without limitation, air travel, space travel, firefighting, police operations, power plant operation, military operations, rescue operations, hospital or medical operations, nuclear facilities or equipment, or the like. Customer agrees not to use or allow the use of the software for or in connection with any such high-risk activity. Customer is solely responsible for the proper installation and operation of the software in accordance with the instructions and specifications. Spirent shall have no responsibility or liability to Customer or any third party under the warranty or otherwise, for improper installation or operation of the software. Any output or execution errors resulting from improper installation or operation of the software shall not be deemed “defects” under the warranty. Customer shall be responsible for (a) the security, configuration and operation of any devices, applications, networks, and information technology systems that are subject to testing using Spirent products and/or services (each a “test target”), (b) obtaining and maintaining authorization to perform tests on the test target, and (c) the use of results of any test of a test target.