Common use of Responsibility for Safety Clause in Contracts

Responsibility for Safety. Customer expressly acknowledges and agrees that the TRUCE System is not a guarantee or assurance, and is not intended to be and cannot be considered or relied upon as a guarantee or assurance, of the personal safety of the Users or any other person located in any Covered Environment in which the TRUCE System may be usable, accessible or installed. Maintaining the safety of any Covered Environment is ultimately the responsibility of Customer and the Users. Furthermore, there are many ways in which a User may be distracted, many of which do not involve a User Device. Customer also expressly acknowledges and agrees that any modification to, tampering with or disabling of any portion of the TRUCE System (including any TRUCE Beacon or Operating Software) is expressly prohibited under this Agreement. Without limiting the foregoing (or the provisions of Sections 13 through 15 below), TRUCE shall have no liability or indemnification obligation for (a) the negligence of any User while driving or operating a vehicle or any other equipment in a Covered Environment, or (b) any instance where any modification of, tampering with, or disabling of any portion of the TRUCE System has occurred or been attempted by Customer or any of its Users or other employees or agents.