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TERMS OF USE

UL LLC (“UL�?) and its subsidiaries and affiliated companies welcome you to the mobile UL 62368-1 ToolKitTM application (the “Application�?).  UL provides you with access to the Application and its features and subject to the following Terms of Use (“Terms�?).   Please read these Terms carefully before using the Application. 

1. Acceptance of Terms
By downloading, installing or using the Application you agree to be legally bound by these terms. If you do not agree to these Terms, do not use the Application.  You further agree that downloading installation or use of the Application signifies that you have read, understood, and agree to be legally bound by these Terms. 

UL reserves the right to modify, amend, update, or delete these Terms at any time and for any reason without notice to you.  Any such modifications, amendments, updates or deletions will be effective immediately upon posting to the Application.  Your continued use of the Application after such posting shall be deemed to constitute acceptance by you of the changes.  Also, UL may change, modify, update or discontinue any aspect, functionality, service or feature of the Application at any time without notice to you.

2.  Limited License; Restrictions
Subject to these Terms, UL hereby grants you a limited, non-exclusive, non-transferable, personal license to use the Application solely for internal business purposes.  You understand and agree that you shall only use the Application only for purposes that are lawful and permitted by these Terms. The commercial use, reproduction, transmission or distribution of any information, software or other content made available through the Application without the prior written consent of UL is strictly prohibited.  Gathering data or other content from the Application through harvesting or automated means is strictly prohibited.  

In addition, you agree not to:
•    Use the Application except as expressly permitted above;
•    Copy or reproduce the Application;
•    Create derivative works based on the Application;
•    Sell, assign, license, disclose, distribute or otherwise transfer or make available the Application or any copies of the application in any form to any third parties;
•    Alter, translate, decompile, reverse assemble or attempt to reverse engineer the Application; 
•    Access (or attempt to access), or systematically retrieve data from, any part of the Application through any automated means (including use of scripts, bots or web crawlers); or
•    Remove or alter any proprietary notices or marks on the Application.

3.  Intellectual Property
All rights to the Application not expressly granted in these Terms are reserved by UL. You acknowledge that the Application contains text, software, logos, trademarks (including UL and UL 62368-1 ToolKit), slogans, photos, video, graphics, music and sound, and other content (collectively “Content�?) that is protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights.  The Application, Content and all rights in each of the foregoing are the exclusive property of UL or its licensors.  Without limiting the generality of the foregoing, UL owns copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in some or all of  the content original to it.  You acknowledge that you do not acquire any ownership rights in the Application or any of its Content under this Agreement.
All images used in the Application are for illustrative purposes only.  Images are indicative of the article/parts of the article that are subject to the legislative requirements listed and are not intended to represent the actual requirement and definition of the regulation.  

4.  Suggestions Submitted to UL
By submitting ideas, feedback and/or suggestions about the Application (“Suggestions�?) to UL, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) UL is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) UL may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide; (d) UL may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of UL without any obligation of UL to you and you hereby assign to UL all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from UL under any circumstances.

5.  DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS-IS�? AND “AS- AVAILABLE�? BASIS. UL, ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iv) WITH RESPECT TO THE QUALITY OR SUITABILITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OR BASED UPON THE APPLICATION; AND (v) THAT ANY MONEY WILL BE SAVED BASED UPON INFORMATION YOU OBTAIN THROUGH THE APPLICATION.

THE INFORMATION AVAILABLE VIA THE APPLICATION IS INTENDED TO BE A GENERAL INFORMATION RESOURCE REGARDING THE MATTERS COVERED, AND IS NOT TAILORED TO YOUR SPECIFIC CIRCUMSTANCE.  YOU SHOULD NOT CONSTRUE ANY OF THE INFORMATION AVAILABLE VIA THE APPLICATION AS LEGAL, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE.  USE OF THE INFORMATION ON THIS SITE IS AT YOUR OWN RISK.  YOU ARE ENCOURAGED TO CONSULT WITH LEGAL COUNSEL FOR GUIDANCE ABOUT THE REGULATIONS OR LEGISLATION DISCUSSED IN THE APPLICATION.

ANY CONTENT DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UL, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE APPLICATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION; OR (v) ANY OTHER MATTER RELATING TO THE APPLICATION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.   ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

6.  Indemnification.
You agree to indemnify and hold UL, its subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Application or your violation of these Terms.  

7.  Termination.
UL may terminate, limit or suspend your access to the Application at any time without notice to you.  Grounds for such termination, limitation of access or suspension include without limitation: (A) breaches or violations of these Terms (including any Additional Terms); (B) requests by law enforcement or other government agencies; (C) discontinuance or material modification to the Application (or any part thereof); (D) unexpected technical or security issues or problems; and/or (E) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in UL’s sole discretion and that UL shall not be liable to you or any third party for any termination of your access to the Application.  

8.  International Users
The Application is offered by UL from its offices in Northbrook, Illinois, United States.  Any materials published on the Application may refer to products, programs, or services that are not available in your country.  Consult your local UL business contact in this regard.  Furthermore, UL makes no representation that the Application is appropriate or available for use at other locations outside of the United States.  Downloading and using the Application from territories where the Application’s content is illegal is prohibited.

You may not use the Application or export information and materials from the Application in violation of the export laws of the United States or any other country.  If you download the Application from a location outside of the United States, you are responsible for compliance with all applicable laws.

9.  Miscellaneous.  
a.    Governing Law and Jurisdiction.
These Terms and the relationship between the parties shall be governed by the laws of the state of Illinois and of the USA without regard to any conflict of law provisions or rules and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and UL, shall be brought exclusively in the courts located in Cook County or the U.S. District Court for the Northern District of Illinois. You and UL each agree to submit to the exclusive personal jurisdiction of the courts located within Cook County or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

b.    Entire Agreement.
These Terms constitute the entire agreement between you and UL regarding your use of the Application, superseding any prior version of these Terms between you and UL with respect to the Application. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.  The failure of UL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  All waivers must be in writing and signed by UL.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 

c.    Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.