if you are not willing to assume that responsibility, then don't use it.

You buy a tool, and the manufacturer says "this tool will occasionally malfunction, by design". You reply with "ok, I'll keep it in mind. In what ways can it malfunction, so I know what to look for?", "I dunno. It could be anything. A-NY-THING! And of course we are not responsible for any bad stuff that happens (but do share your success stories, as they look good in marketing)"

If you accept those terms, it's on you.