Need to query the California PUC about whether having signed up for Google relieves them from liabilty if you're hit by a Waymo.
Presumably a sensible court would hold that no possible interpretation of a contract affects a lawsuit unrelated to the scope of the product or services provided under that contract.
The drivers are responsible if the software shits itself.
I think Tesla might have to accept they need to use more sensors, and maybe even licence someone else's tech but Tesla will not accept being the only "luxury" automaker not offering self driving.
Adding sensors would indeed be an easy W.
Tesla will be shielded by their brilliant strategy of never releasing the feature.
I can see it happening.