Disclaimer Regarding High Risk Activities Product manufactured or supplied by ProSoft is not fault tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance including and without limitation: the operation of nuclear facilities, aircraft navigation of communication systems, air traffic control, direct life support machines or weapons systems in which the failure of the product could lead directly or indirectly to death, personal injury or severe physical or environmental damage (collectively, "high risk activities"). ProSoft specifically disclaims any express or implied warranty of fitness for high risk activities.
Intellectual Property Indemnity
Buyer shall indemnify and hold harmless ProSoft and its employees from and against all liabilities, losses, claims, costs and expenses (including attorney’s fees and expenses) related to any claim, investigation, litigation or proceeding (whether or not ProSoft is a party) which arises or is alleged to arise from Buyer’s acts or omissions under these Terms or in any way with respect to the Products. Without limiting the foregoing, Buyer (at its own expense) shall indemnify and hold harmless ProSoft and defend or settle any action brought against such Companies to the extent based on a claim that any Product made to Buyer specifications infringed intellectual property rights of another party. ProSoft makes no warranty that the product is or will be delivered free of any person’s claiming of patent, trademark, or similar infringement. The Buyer assumes all risks (including the risk of suit) that the product or any use of the product will infringe existing or subsequently issued patents, trademarks, or copyrights.
Any documentation included
with Product purchased from ProSoft is protected by copyright and may not be duplicated or reproduced in any form without prior written consent from ProSoft. b) ProSoft’s technical specifications and documentation that are included with the Product are subject to editing and modification without notice. c) Transfer of title shall not operate to convey to Customer any right to make, or have made, any Product supplied by ProSoft. d) Customer is granted no right or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by any license agreement accompanying such software or other intellectual property.