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THESE LIGHTNING PROTECTION SYSTEM DESIGN SOFTWARE (“LPSD”) TERMS OF USE (“TERMS”) GOVERN YOUR USE OF LPSD, INCLUDING ALL USER MANUALS, TECHNICAL MANUALS, AND ANY OTHER MATERIALS PROVIDED BY ERICO INTERNATIONAL CORPORATION AND ITS AFFILIATES (“NVENT”), IN PRINTED, ELECTRONIC, OR OTHER FORM, THAT DESCRIBE THE SOFTWARE OR ITS USE OR SPECIFICATIONS PROVIDED TO YOU.
NVENT PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY CLICKING THE “ACCEPT” BUTTON OR CHECKING THE “ACCEPT” BOX ON THE ORDER FORM, AS THE CASE MAY BE, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER; AND (II) YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR ORGANIZATION OR ENTITY AND BIND IT TO ITS TERMS, AND (III) YOU HAVE THE APPROPRIATE TRAINING, SKILL, AND EXPERIENCE NECESSARY TO SPECIFY AND DESIGN LIGHTNING PROTECTION SYSTEMS IN THE PROJECT JURISDICTION IN A PROFESSIONAL, COMPETENT, AND SAFE MANNER. AS USED HEREIN, “YOU” MEANS THE INDIVIDUAL ACCEPTING THESE TERMS AND THE ORGANIZATION OR ENTITY THAT EMPLOYS OR HIRES SUCH INDIVIDUAL TO PERFORM SERVICES FOR IT, INCLUDING SERVICES ENCOMPASSING USE OF LPSD. IF YOU DO NOT AGREE TO THESE TERMS, NVENT WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST NOT ACCESS OR USE THE SOFTWARE.

1. Proprietary Rights. Subject to these Terms, nVent grants to you a personal, non-exclusive, nontransferable, limited and revocable license (without the right to sublicense others) to access and use Lightning Protection System Design Software (“LPSD”) for your internal business purposes, including the generation, creation, authorship, or other conception of Work Product resulting from your exercise of the rights granted herein. As used herein, “Work Product” means (i) data from your systems or other data that originates in or is sourced by you, (ii) data generated by you through use of LPSD in connection with this Agreement, and (iii) any expression of your findings, analyses, conclusions, opinions, recommendations, ideas, techniques, designs, programs, interfaces, and other technical information created, or authored arising from your use of LPSD. You acknowledge and agree that LPSD is provided under license, and not sold, to you. Your license confers no title or ownership in LPSD and should not be construed as a sale of any rights in LPSD. nVent reserves and shall retain all and sole right, title, and interest, including the copyright, in and to LPSD. nVent reserves any rights not expressly granted herein.

2. Your Responsibilities. You agree that (i) you are solely responsible for any use of LPSD, including any other user that you permit to use LPSD; (ii) nVent shall not be liable to any user that you permit to use LPSD; and (iii) you are responsible and liable for all uses of LPSD, including yours or those of any user that you permit to use LPSD. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to LPSD by you or by any other person to whom you may provide access to or use of LPSD, whether such access or use is permitted by or in violation of these Terms.

Furthermore, you shall have and maintain all required certifications, credentials, licenses, registrations, approvals, and permits necessary to lawfully conduct business in accordance with this Agreement.

THIS IS A LICENSE TO A SOFTWARE APPLICATION; IT IS NOT A CONTRACT FOR PROFESSIONAL DESIGN OR ENGINEERING SERVICES, AND NO DESIGN OR ENGINEERING SERVICES ARE PROVIDED BY NVENT HEREUNDER.

WHILE LPSD IS PROVIDED TO ASSIST WITH A DESIGN AND BILL OF MATERIAL IN ACCORDANCE WITH GENERAL LIGHTNING PROTECTION BEST PRACTICES. BUILDING CODES AND REGULATIONS REGARDING LIGHTNING PROTECTION VARY FROM JURISDICTION TO JURISDICTION, AND LPSD IS NOT WARRANTED TO COMPLY WITH ANY PARTICULAR CODE OR REGULATION. IT IS INCUMBENT ON YOU TO PROCURE THE SERVICES OF A CERTIFICATION CODE BODY, PROFESSIONAL ENGINEER, OR CERTIFIED LIGHTNING PROTECTION PROFESSIONAL (EACH HEREIN A “DESIGN VERIFIER") LICENSED/CERTIFIED IN THE JURISDICTION OF THE PROJECT ("PROJECT JURISDICTION") TO VERIFY THE ADEQUACY OF THIS WORK PRODUCT FOR ITS INTENDED USE AND ITS COMPLIANCE WITH ANY APPLICABLE REGULATIONS, STANDARDS OR CODES. AS SUCH, THIS WORK PRODUCT IS FOR REVIEW ONLY, NOT FOR CONSTRUCTION UNTIL REVIEWED AND STAMPED BY A DESIGN VERIFIER LICENSED IN AND IN ACCORDANCE WITH THE LAWS AND RULES GOVERNING THE PRACTICE OF ENGINEERING IN THE PROJECT JURISDICTION. WHETHER OR NOT STAMPED, YOU SHALL BEAR ALL RISK AND/OR COSTS ARISING FROM USE OF THIS WORK PRODUCT OR ITS FAILURE TO MEET PROJECT JURISDICTION REGULATIONS, STANDARDS, OR CODES.

You shall use commercially reasonable efforts to safeguard LPSD from infringement, misappropriation, theft, misuse, or unauthorized access. You acknowledge and agree that: (i) these Terms apply to LPSD including any updates or supplements to LPSD unless such updates or supplements come with separate terms, in which case those terms apply; and (ii) LPSD is only to be used as a tool to assist with the design of lightning protection equipment.

nVent does not oversee your use of LPSD. Accordingly, you are responsible for your use of LPSD, including but not limited to: (i) using a secure and non-obvious password; (ii) not sharing your password with others; (iii) periodically changing your password; (iv) logging out after each session; (v) granting access only to appropriate users; (vi) not altering, corrupting, hacking, or violating any LPSD computer code affecting the security and access controls of LPSD; and (vii) complying with all applicable laws, rules, and regulations. You will be automatically logged out after a default period of 15 minutes of inactivity. This default period can be modified in the LPSD settings by system administrators.

In addition, nVent does not verify the identity of users entered into LPSD by system administrators.

3. Restrictions. LPSD is protected by law, including, without limitation, the copyright laws of the United States and other countries and by international treaty provisions. The structure, organization and code of LPSD are valuable trade secrets and confidential information of nVent. To that end, when using LPSD you must not (i) use LPSD in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently; (ii) take any activity which infringes upon (or has the risk of infringing upon) the intellectual property rights (such as the design rights) of nVent or any third party in relation to your use of LPSD; (iii) not carry out any activity which unjustly prejudices and/or slanders nVent or any third party and/or any activity which damages the reputation and/or trustworthiness of nVent or any third party; (iv) not carry out any activity connected to (or has the risk of being connected to fraud or any other criminal activity; or (v) not carry out any other activity which is against the law, or is a violation of public order.

Furthermore, you agree not to modify, alter, merge, adapt, duplicate, distribute, translate, decompile, disassemble, reverse engineer (except to the extent that applicable laws prohibit reverse engineering restrictions, and then only as permitted by such laws), create derivative works, copy for use on any other computer or at any other location, or otherwise make LPSD available to any person or entity, in whole or in part. Further, you may not combine LPSD or any part thereof with, or incorporate LPSD or any part thereof in, any other programs. In no event may you transfer, sell, sublicense, rent, assign or transfer rights, lease, or otherwise dispose of or make available LPSD on a temporary or permanent basis, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service, without the prior written consent of nVent. Moreover, you may not use LPSD for purposes of competitive analysis of LPSD, the development of a competing software product or service, or any other purpose that is to nVent’s commercial disadvantage. You agree to use reasonable efforts to protect against the unauthorized copying and use of LPSD by others.

You agree not to remove, disable or circumvent any proprietary notices or labels contained in LPSD or on documents or other output generated by your use of LPSD. You agree not to copy any ideas, features, functions or graphics of LPSD. Additionally, LPSD may contain technological copy protection or other security features designed to prevent unauthorized use, including features to protect against any use that is prohibited by these Terms. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security feature.

4. DISCLAIMER OF WARRANTY; ACKNOWLEDGMENT OF GENERALITY OF SOFTWARE. LPSD, AND ANY OTHER INFORMATION, MATERIALS, OR WORK PRODUCT, INCLUDING WITHOUT LIMITATION THIRD PARTY MATERIALS, ARE PROVIDED “AS IS” AND NVENT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, AND NVENT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), ANY IMPLIED INDEMNIFICATION OBLIGATIONS, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE. YOUR USE OF LPSD, AND ANY OTHER INFORMATION, MATERIALS, OR WORK PRODUCT, INCLUDING WITHOUT LIMITATION THIRD PARTY MATERIALS, IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITING THE FOREGOING, NVENT MAKES NO WARRANTY OF ANY KIND THAT LPSD OR RESULTS OF THE USE THEREOF WILL MEET YOUR OR OTHER PERSONS’ REQUIREMENTS OR EXPECTATIONS; OPERATE OR BE AVAILABLE WITHOUT INTERRUPTION; ACHIEVE ANY INTENDED RESULT; BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. FURTHER, NVENT DOES NOT WARRANT OR REPRESENT THAT ERRORS OR FAILURES WILL BE CORRECTED OR REMEDIED, OR THAT YOUR CONTENT AND/OR DATA WILL BE EITHER STORED OR DELETED, OR WILL NOT BE OTHERWISE LOST OR DAMAGED. NVENT DOES NOT WARRANT THAT LPSD WILL PERFORM IN ANY PARTICULAR MANNER. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OF THE THIRD-PARTY MATERIALS. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND NVENT ASSUMES NO RESPONSIBILITY AND WILL HAVE NO LIABILITY OF ANY KIND FOR) (A) THE DECISIONS THAT YOU MAY MAKE REGARDING LPSD OR BASED ON USE OF LPSD; (B) USE OF LPSD OR WORK PRODUCT, INCLUDING ANY CONTENT, DATA, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU IN CONNECTION WITH LPSD INCLUDING IMPACT TO YOUR COMPUTER SYSTEM OR LOSS OF DATA; OR (C) ANY EFFECTS ON YOUR BUSINESS THAT MAY RESULT FROM SUCH USE. NVENT DOES NOT REPRESENT OR WARRANT THAT LPSD IS OR WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR GEOGRAPHIC AREA, JURISDICTION OR LANGUAGE. THIS SECTION WILL BE ENFORCEABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. NO INFORMATION OR ADVICE (WHETHER WRITTEN, ORAL OR OTHERWISE) PROVIDED BY NVENT OR ITS REPRESENTATIVES WILL CREATE ANY WARRANTY OR IN ANY WAY AFFECT THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY EXPRESSLY PROVIDED IN THESE TERMS.

YOU ACKNOWLEDGE THAT LPSD HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF LPSD MEET YOUR REQUIREMENTS.

5. FUNCTIONALITY LIMITATIONS; HAZARDOUS ACTIVITIES DISCLAIMER. LPSD, AND ANY OTHER INFORMATION, MATERIALS, OR WORK PRODUCT, EXPRESSLY INCLUDING WITHOUT LIMITATION THIRD PARTY MATERIALS, ARE NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT (INCLUDING PROFESSIONAL JUDGMENT) OR INDEPENDENT TESTING, DESIGN, ESTIMATION OR ANALYSIS, AS APPLICABLE. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR LPSD, LPSD HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED AND MAY NOT ACHIEVE THE RESULTS YOU DESIRE. NVENT WILL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY WORK PRODUCT, RESULTS, OR OUTPUT OBTAINED OR OTHERWISE VIEWED THROUGH LPSD (INCLUDING, IF APPLICABLE, AUGMENTED REALITY OR VIRTUAL REALITY FUNCTIONALITY) OR ANY MATERIALS DEVELOPED BY YOU IN CONNECTION WITH LPSD. YOU ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL AND USE OF LPSD AND YOUR APPLICATIONS AND/OR SERVICES. THIS RESPONSIBILITY INCLUDES THE DETERMINATION OF APPROPRIATE USES FOR LPSD AND THE SELECTION OF THE LPSD AND OTHER PROGRAMS TO ACHIEVE YOUR INTENDED RESULTS. YOU ARE RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY, ACCURACY AND COMPLETENESS OF WORK PRODUCT, RESULTS, OUTPUT OR MATERIALS DEVELOPED BY YOU IN CONNECTION WITH LPSD (IF ANY), INCLUDING ALL ITEMS VIEWED OR DESIGNED USING ANY LPSD. THERE ARE NO SERVICE LEVEL AGREEMENTS MADE IN CONNECTION WITH LPSD.

LPSD IS NOT FAULT TOLERANT AND IS NOT SUITABLE FOR USE IN HAZARDOUS ACTIVITIES. YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE LPSD FOR HAZARDOUS ACTIVITIES, AND ACKNOWLEDGE THAT NVENT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HAZARDOUS ACTIVITIES AND WILL HAVE NO LIABILITY FOR ANY USE OF LPSD IN CONNECTION WITH HAZARDOUS ACTIVITIES. YOU WILL INDEMNIFY AND HOLD HARMLESS NVENT FROM ANY DAMAGES, LOSSES, OR LIABILITIES RESULTING FROM YOUR USE (OR THE USE BY A THIRD PARTY PERMITTED BY YOU) OF LPSD IN CONNECTION WITH HAZARDOUS ACTIVITIES.

6. LIMITATION OF LIABILITY. IN NO EVENT SHALL NVENT, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (A) LOSS OR INTERRUPTION OF PRODUCTION, USE, SERVICE, BUSINESS, REVENUE, OR PROFITS; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; LOST TIME OR GOODWILL; DELAY OR WORK STOPPAGE; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; BREACHES IN SYSTEM SECURITY; COMPUTER OR SYSTEM MALFUNCTION, SHUTDOWN, OR FAILURE OR LOSS THEREFROM; LOSS OR CORRPUTION OF DATA; COSTS OF SUBSTITUTE GOODS OR SERVICES; OR DIMINUTION IN VALUE; (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF LPSD, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE; OR (C) LOSSES OF ANY KIND RESULTING FROM ANY USE OF OR RELIANCE ON WORK PRODUCT CREATED BY YOU FROM YOUR USE OF LPSD. FURTHER, IN NO EVENT SHALL NVENT, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE TO YOU IN AN AMOUNT GREATER THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

These exclusions and limitations do not apply to losses arising out of or relating to gross negligence or more culpable conduct, including any willful misconduct or intentionally wrongful acts.

7. Indemnity. To the extent allowed under federal and state law, you agree to indemnify and hold nVent, its affiliates, officers, shareholders, employees, and representatives harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys' fees, arising directly or indirectly out of (i) a violation of any provision of these Terms, or (ii) your access, use or misuse of LPSD.

8. Feedback. nVent welcomes your feedback, comments, and suggestions about how to improve LPSD, or about any "bugs," defects, or seemingly incorrect or anomalous results discovered or produced through the use of LPSD. However, you agree that by sending nVent any idea, suggestion, information, know-how, material, data, comment or observation about an incident, action, event, or process or any other content in relation to LPSD (collectively, "Feedback"), such Feedback becomes the property of nVent and nVent may, at its option, use any Feedback (or any modification or derivative thereof) without any obligation to you. nVent shall exclusively own all rights, title and interest, including all intellectual property rights, in the Feedback. In the event that any intellectual property rights in Feedback is deemed for any reason not to be exclusively owned by nVent, you agree to assign, transfer and convey to nVent, and hereby assign, transfer and convey to nVent, all right, title and interest, including intellectual property rights, in such Feedback, and agree to provide reasonable cooperation to nVent to perfect such rights.

9. Notices. Notices to you may be made via email, or certified or registered mail, return receipt requested, to the applicable address on record in the LPSD account information. LPSD may also provide notices of changes to these Terms of Use or other matters by providing a click through screen on LPSD.

10. Modification. nVent reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms. Such updates, revisions, supplements and other modifications will be effective immediately upon publication. Your continued use of LPSD after publication of updated version of the Terms will be deemed to constitute your acceptance of such updates, revisions, supplements, and/or other modifications.

11. Privacy. You shall comply with nVent’s privacy statement available at https://www.nvent.com/en-us/privacy-policy (“Privacy Statement”). The Privacy Statement is subject to change as described therein. By accessing, using, and providing information to or through LPSD, you acknowledge to have reviewed and accepted the Privacy Statement.

12. Duration of Agreement. These Terms are effective from the earliest date you access or use LPSD. The license granted herein and these Terms will terminate immediately on your ceasing to be authorized by your employer to use LPSD for any or no reason. Further, nVent may terminate these Terms (in whole or in part) at any time with immediate effect on written notice to you. In addition, these Terms will terminate automatically (i) if you fail to comply with any provision of these Terms; or (ii) if you give nVent false information or withhold from nVent important information in relation to your use of LPSD.

Upon termination of these Terms for any reason, the license granted hereunder shall also terminate, and you shall immediately cease using and accessing LPSD. Termination will not limit any of nVent's rights or remedies at law or in equity.

13. Export Laws. If LPSD is for use outside of the United States, you agree to comply fully with all relevant regulations of the United States Department of Commerce and with the United States Export Administration Act to ensure that LPSD is not exported in violation of United States law. You agree that LPSD will not be exported, shipped, transmitted, or re-exported in violation of any applicable law or regulation, including without limitation Export Administration regulations issued by the U.S. Department of Commerce, or any other export laws, restrictions or regulations (collectively, the “Export Laws”). In addition, if LPSD is identified as an export-controlled item under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, any U.S. embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving LPSD. All rights to use LPSD are granted on condition that such rights are forfeited if you fail to comply with these Terms. You agree to indemnify nVent and assume all financial responsibility for any losses it may suffer if you do not comply with the terms of this Section 13.

14. US Government Rights. Each of the software components and documentation that constitute the Software is a “commercial product” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you only receive those rights with respect to the Software and documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

15. Third-Party Materials. LPSD includes software, content, data, or other materials, including related documentation, that are owned by persons other than nVent and that are provided to you on license terms that are in addition to and/or different from those contained herein (“Third-Party Licenses”). A list of all such materials included in LPSD and provided under Third-Party Licenses can be found by clicking the LPSD 4.0 Terms of Use link located on the LPSD 4.0 landing page, and the applicable Third-Party Licenses are accessible via links therefrom. You are bound by and shall comply with all Third-Party Licenses. Any breach by you of any Third-Party License is also a breach of these Terms.

16. General Terms. These Terms and any schedule attached hereto are the entire agreement between you and nVent and govern your use of LPSD. Any affiliate of nVent may seek to enforce these Terms to the extent they confer a benefit upon it. nVent in its sole discretion may terminate your account without notice if you breach or otherwise fail to comply with these Terms. The failure of a party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties' intentions to the maximum extent permitted by law, and the other provisions of these Terms remain in full force and effect. These Terms, your use of LPSD, and any dispute of any sort that might arise between you and nVent shall be governed by applicable federal law and the laws of the state of Texas, USA, without regard to the choice or conflicts of law provisions of any jurisdiction. Any dispute or claim relating in any way to your use of LPSD will be adjudicated in the state or federal courts in Harris County, Texas, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. 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 LPSD or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. With respect to an unauthorized user, nVent may bring any action again you in the state of Texas, and there are no time limitations with respect to any action by nVent except under the applicable statute of limitations.

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