Customer agrees to indemnify and hold 4D Systems, its Board of Directors, Officers, Employees (collectively and individually) harmless from any and all claims, demands, actions, damages and liabilities, which arise out of or in any manner related to customers failure of performance hereunder. Additionally, In no event shall 4D Systems be liable to the customer or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to any product or service provided or to be provided by 4D Systems, or the use or inability to use the same, even if 4D Systems has been advised of the possibility of such damages.
4D Systems shall have no liability for infringement claims of any kind arising from: (i) modifications of these 4D Systems Products other than by 4D Systems; (ii) use of these Products in combination with non-4D Systems software or hardware if a claim would not have occurred but for that combination; (iii) failure to use updated or modified versions of these Products provided by 4D Systems to avoid infringement.
4D Systems” products are not fault tolerant nor designed, manufactured or intended for use or resale as on line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems in which the failure of the product could lead directly to death, personal injury or severe physical or environmental damage (“High Risk Activities”). 4D Systems and its suppliers specifically disclaim any expressed or implied warranty of fitness for High Risk Activities. Use of 4D Systems’ products and devices in “High Risk Activities” and in any other application is entirely at the Customers’ risk, and the Customer agrees to defend, indemnify and hold harmless 4D Systems from any and all damages, claims, suits, or expenses resulting from such use. No licenses are conveyed, implicitly or otherwise, under any 4D Systems intellectual property rights.