1. Use and Terms.

The Analysis Tool, its software, all data relating to the Analysis Tool and the DB501 Bulletin (collectively the “Tool”) are provided to you as a mechanism by which the DB501 breaker selectivity information is made available to you as a designer, specifier, installer, or purchaser of Schneider Electric products. You are granted a non-exclusive personal license to use the Tool. You agree that the Tool will be used for commercial use only. You may not copy, alter, modify, decompile, transfer or export the Tool. No support services are provided in connection with the Tool. This is the entire agreement between you and Schneider Electric in connection with the Tool. To the fullest extent permitted by law, Illinois law (exclusive of its conflicts of law provisions) applies to this Agreement and all claims (in tort, contract, by statute or otherwise) between you and Schneider Electric. The exclusive venue for all claims or litigation shall be the state or federal court located in Chicago, Illinois.

2. Indemnity.

You agree to indemnify, defend and hold harmless Schneider Electric from any claims, causes of action, or damages, including attorneys’ fees, relating to the Tool or your use of the Tool.

3. Legal Effect.

This Agreement describes certain legal rights. You may have other rights under the law of your state or country.

4. Disclaimer of All Warranties.

THIS TOOL IS NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR A FULL COORDINATION STUDY. THE TOOL IS LICENSED “AS IS”. SCHNEIDER ELECTRIC GIVES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS. SCHNEIDER ELECTRIC MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER DIRECTLY, AS A RESULT OF CUSTOM, USAGE OR OTHERWISE, RELATING TO THE PERFORMANCE OF THE TOOL, RESULTS, SECURITY, NON-INFRINGEMENT, INTEGRATION, SATISFACTORY QUALITY, OR COMPATIBILITY IN CONNECTION WITH THE TOOL. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE FULLEST EXTENT PERMITTED UNDER YOUR LOCAL LAWS, SCHNEIDER ELECTRIC EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5. Limitations on Exclusions of Damages.

You can recover from Schneider Electric only direct damages up to US $100. You cannot recover any other damages, including consequential damages, lost profits, special, economic, indirect or incidental damages, or punitive damages. Your sole and exclusive remedies shall be the recovery set forth above.