Fujitsu XG0224 manual Fujitsu Limited, High Safety Required Use

XG0224 Hardware Guide

c.if in Fujitsu's sole judgment it is not commercially reasonable to perform either of the above options, subject to the limitation of liability set forth in subsection (2) above, Fujitsu shall pay for any damages Customer has incurred due to nonuse of the Software.

5)If the Claim described in subsection (3) above is withdrawn based on the determination that the Software does not infringe the Intellectual Property Rights of a third party, or that the Intellectual Property Rights of a third party are invalid, the expenses incurred by the Customer or Fujitsu in dealing with such Claim shall be equally divided between Customer and Fujitsu.

6)Except as otherwise expressly set forth above, Fujitsu shall not be liable for any damages (including, but not limited to, loss of profits, suspension of operations, loss of business-related information, or other monetary damages) arising out of the use or nonuse of the Product, even if Fujitsu has been advised of the possibility of such damages in advance.

7)If the Software contains software developed by a third party vendor, the warranty with respect to such third party software is limited to those warranties provided by Fujitsu hereunder, and the third party vendor does not provide any further warranties with respect to such third party software.

5.High Safety Required Use

The Customer acknowledges and agrees that the Software is designed, developed and manufactured as contemplated for general use, including without limitation, general office use, personal use, household use, and ordinary industrial uses, but is not designed, developed and manufactured as contemplated for use accompanying fatal risks or dangers that, unless extremely high safety is secured, could lead directly to death, personal injury, severe physical damage or other loss (hereinafter "High Safety Required Use"), including without limitation, nuclear reaction control in nuclear facility, aircraft flight control, air traffic control, mass transport control, medical life support system, and missile launch control in weapon system.

The Customer shall not use the Software without securing the sufficient safety required for the High Safety Required Use. In addition, Fujitsu shall not be liable against the Customer and/or any third party for any claim or damages arising in connection with the High Safety Required Use of the Software.

FUJITSU LIMITED

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