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XG0448 Hardware Guide
4
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5) If the Claim described in subsection (3) above is withdrawn based on the determination that the Software does not infringe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