We have those TOS's in the software world because it would be prohibitively expensive to make all software reliable as a publicly used bridge. For those who died as a direct result of CrowdStrike, that's where the litigious nature of the US becomes a rare plus. And CrowdStrike will lose a lot of customers over this. It isn't perfect, but the market will arbitrate CrowdStrike's future in the coming months and years.