"Meet the comma 3X The comma 3X is custom hardware designed to live in your car, and purpose built to run openpilot. The comma 3X has three beautiful HDR cameras, two cameras to watch the road and one night-vision camera to see inside the car. "
I don't think there's much distinction between selling someone a device and then giving them free software that they need to install, and just giving them the device with the software installed.
Imo as long as they intend for the customers to install the software they're responsible, so I don't know if there's anyway in my mind for them to make both the software (or have an active role in developing it) and the device and not be liable.