[rpeden]

It seems potentially tricky because they didn't just say they're not responsible for death or injury.

They essentially got the customer to accept a contract that says the software isn't designed for use in systems where failure could cause death, and that the customer accepts responsibility for using it appropriately.

I agree this whole incident was a massive blunder by CrowdStrike, but I'm not sure it makes sense to hold them liable for damage caused by customers using the product in a places they explicitly agreed not to use it in. In those cases, I think the organization that installed CrowdStrike's software in inappropriate places bears a lot of responsibility for the outcome, and their failure to understand the TOS they agreed to doesn't mean it's not a legally binding contract.

It'll be interesting to see how it all plays out.