Product Liability Allocation Sample Clauses
Product Liability Allocation. All Losses relating to the indemnity provisions contained in clause (f) of Section 11.2 and clause (f) of Section 11.1 shall be allocated between Alvogen and Pfenex such that Pfenex bears the Pfenex Profit Share (as in effect in the Quarterly Period when such Losses were incurred) of such Losses and Alvogen bears the remainder of such Losses.
Product Liability Allocation. The CUSTOMER acknowledges and agrees that SWARMER supplies the Software only as one component of the Integrated Products and does not design, manufacture, assemble, certify, test, operate, maintain, market, distribute, or deploy the Integrated Products as complete platforms, except to the extent expressly set out in the relevant Statement of Work. Accordingly, except as expressly set out in this Agreement, SWARMER does not assume, and expressly disclaims, any responsibility or liability for: (a)the airworthiness, flight safety in respect to the Integrated Product as a hardware, navigation safety, or operational safety of any Integrated Product with the installed Software; (b)the final platform certification, regulatory approval, conformity assessment, or legal placing on the market or use of any Integrated Product with the installed Software in any jurisdiction; (c)the suitability, fitness, or appropriateness of any Integrated Product with the installed Software for any specific mission, objective, deployment scenario, operational environment, payload, or end-use; or (d)any weapons use, targeting decision, military, security, law-enforcement, operational, or tactical decision, or any act or omission of any operator, pilot, remote pilot, commander, End-User, or other person using or directing the use of any Integrated Product; (e)any procurement, commercial, regulatory, governmental, or marketing outcome relating to the Integrated Products with the installed Software;The CUSTOMER shall be solely responsible for the installation, configuration, validation, certification, operation, deployment, and use of the Integrated Products with the installed Software, and for ensuring that the Integrated Products with the installed Software comply with all applicable laws, regulations, technical requirements, and operational constraints in the jurisdictions where they are marketed, supplied, transferred, deployed, or used.