with larger corp users there is often an MSA that overrides the TOS; no idea if that's the case here, but give hospital GC benefit of the doubt re due diligence

with larger corp users there is often an MSA that overrides the TOS; no idea if that's the case here, but give hospital GC benefit of the doubt re due diligence also would be interesting if crowdstrike was installed by a reseller who specializes in healthcare / airlines, not the hospital or airline itself waivers not always enforced, per [1] > Courts will hold overbroad liability waivers unenforceable on public policy grounds. ... injurers routinely ignore these holdings and persist in requiring would-be plaintiffs to sign such unenforceable waivers anyway at least one federal case in florida[2] saying advertising a product as safe doesn't defeat the EULA, but it's florida 1. https://wp0.vanderbilt.edu/lawreview/wp-content/uploads/sites/278/2023/03/Unenforceable-Waivers.pdf https://wp0.vanderbilt.edu/lawreview/wp-content/uploads/site... 2. https://casetext.com/case/justtech-llc-v-kaseya-us-llc https://casetext.com/case/justtech-llc-v-kaseya-us-llc