Use Exclusions. Products are not fault-tolerant/fail-safe and are not designed, intended, suitable, or licensed hereunder for use, and may not be used, in situations or environments requiring extra safety features or functionality for fail-safe or fault-tolerant performance, such as: (a) the design, construction, operation, or maintenance of any nuclear facility, civil infrastructure such as power plants and waterworks, manufacturing facilities, or industrial plants such as chemical refineries; (b) aircraft navigation, communications, or operating systems; (c) air traffic control systems; (d) operation of life-support or life-critical medical equipment; or (e) any other equipment or systems in which the circumvention, unavailability, inaccuracy, ineffectiveness, or failure of the Product could lead or contribute to death, personal injury, or physical property/environmental damage, and Trend Micro specifically excludes any right or license for any such use and disclaims any express or implied warranty/guarantee of fitness for any such use. Only as may be specifically set forth in the Documentation therefor, Trend Micro notifies Company that no Product has been submitted for compliance testing, certification, or approval for any use by any governmental agency and/or a self-regulatory, standard-setting, or other industry/product-specific consensus organization.
Appears in 4 contracts
Samples: Global Business Software and Appliance Agreement, Business Software and Appliance Agreement, Trend Micro Global Business Software and/or Appliance Agreement
Use Exclusions. Products are not fault-tolerant/fail-safe and are not designed, intended, suitable, or licensed hereunder for use, and may not be used, in situations or environments requiring extra safety features or functionality for fail-safe or fault-tolerant performance, such as: (a) the design, construction, operation, or maintenance of any nuclear facility, civil infrastructure such as power plants and waterworks, manufacturing facilities, or industrial plants such as chemical refineries; (b) aircraft navigation, communications, or operating systems; (c) air traffic control systems; (d) operation of life-support or life-critical medical equipment; or (e) any other equipment or systems in which the circumvention, unavailability, inaccuracy, ineffectiveness, or failure of the Product could lead or contribute to death, personal injury, or physical property/environmental damage, and Trend Micro TXOne Networks specifically excludes any right or license for any such use and disclaims any express or implied warranty/guarantee of fitness for any such use. Only as may be specifically set forth in the Documentation therefor, Trend Micro TXOne Networks notifies Company that no Product has been submitted for compliance testing, certification, or approval for any use by any governmental agency and/or a self-regulatory, standard-setting, or other industry/product-specific consensus organization.
Appears in 3 contracts
Samples: Txone Networks Global Business Software and/or Appliance Agreement, Business Software and Appliance Agreement, Txone Networks Global Business Software and/or Appliance Agreement