Common use of LIMITATION OF LIABILITY AND INSURANCE Clause in Contracts

LIMITATION OF LIABILITY AND INSURANCE. 16.1 Nuclear, Aviation or Life Support Application. McDATA acknowledges that Product is not specifically designed, manufactured or intended for use in connection with the design, construction, maintenance, and/or operation of any (i) nuclear facility, (ii) aircraft, aircraft communication or aircraft ground support system, or (iii) life support system. Except as otherwise provided herein, BROCADE shall not be liable to McDATA, in whole or in part, for any claims or damages arising from such use, or resale by McDATA to a third party for such purposes, and McDATA agrees not to sell into nuclear, aviation or life support application and shall include a provision in its Customer agreement a statement relating to the Products' inapplicability to such applications.