VERIS SENSORS app
DOWNLOADABLE MOBILE APPLICATION
TERMS OF USE
COUNTRY: United States of America
ToU Version: 2026.08.05 – DO (based on Aug2024 BtoB & BtoC Template TOU Mobile app)
PREAMBLE:
THE PRESENT PREAMBLE FORMS AN INTEGRAL PART OF THESE TERMS OF USE.
THE VERIS SENSORS APP IS DISTRIBUTED BY SCHNEIDER ELECTRIC USA, INC., WITH OFFICES AT: 70 MECHANIC STREET, FOXBORO, MA 02035, USA.
E-MAIL: SUPPORT@VERIS.COM
THESE TERMS OF USE GOVERN YOUR USE OF THE MOBILE APPLICATION KNOWN AS THE VERIS SENSORS APP (HEREINAFTER “THE MOBILE APPLICATION”) AND THE SERVICES PROVIDED THROUGH THE USE OF THE MOBILE APPLICATION, AS DISTRIBUTED OR OTHERWISE MADE AVAILABLE IN THE USA BY SCHNEIDER ELECTRIC (AS HEREINAFTER DEFINED).
THE MOBILE APPLICATION MAY BE MADE AVAILABLE FOR DOWNLOAD FROM MOBILE APPLICATIONS ONLINE STORES PROPRIETARY TO SCHNEIDER ELECTRIC GROUP OF COMPANIES OR THIRD-PARTY MOBILE APPLICATIONS ONLINE STORES OFFICIALLY AUTHORIZED THERETO BY SCHNEIDER ELECTRIC GROUP OF COMPANIES.
SUMMARY DESCRIPTION OF THE SERVICES ACCESSIBLE THROUGH THE USE OF THE MOBILE APPLICATION
The Veris Sensors App provides the ability to connect to Veris PX3 transducers and Schneider Electric EP pressure transducers (each, a Compatible Device) and configure a variety of field-selectable parameters remotely from a smartphone via Bluetooth® wireless technology. The app allows users to create and store commonly used parameters that will reduce commissioning time for the Veris PX3 transducer and provide assurance that all parameters are properly configured with no call backs. The app can also create a trend log while connected, providing critical data for troubleshooting purposes.
The connected features will require that the Mobile Application and Compatible Devices are able to connect via Bluetooth® wireless technology.
INTEROPERABILITY OF THE MOBILE APPLICATION:
The Mobile Application is interoperable with the Compatible Device. A Bluetooth® connection is necessary to enable such interoperability.
The information on the type of mobile devices and operating systems on which the Mobile Application is compatible for use is indicated on the mobile applications’ online stores that make the Mobile Application available for download.
1. ACCEPTANCE OF TERMS
BEFORE ACCESSING AND USING THE MOBILE APPLICATION, PLEASE READ CAREFULLY THESE TERMS OF USE AND CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR AGREEMENT TO BE BOUND BY THEM BY CLICKING ON THE APPROPRIATE BUTTON APPEARING ON YOUR SCREEN WITHIN THE DOWNLOAD OR INSTALLATION PROCESS OF THE MOBILE APPLICATION.
IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND TO BE BOUND BY THEM, CLICK THE APPROPRIATE BUTTON APPEARING ON YOUR SCREEN WITHIN THE DOWNLOAD OR INSTALLATION PROCESS OF THE MOBILE APPLICATION AND EXIT THE PAGE THAT MAKES THE MOBILE APPLICATION AVAILABLE FOR DOWNLOAD: THIS WILL AUTOMATICALLY ABORT THE DOWNLOAD OR INSTALLATION PROCESS. IF DESPITE THE FOREGOING, THE ENTIRE OR PART OF THE MOBILE APPLICATION HAS ALREADY BEEN DOWNLOADED AND/OR INSTALLED ON ANY OF YOUR DEVICES, YOU MUST IMMEDIATELY DELETE OR EXPUNGE THE MOBILE APPLICATION FROM ALL COMPUTERS, HARD DISKS, SERVERS, TABLETS, SMART PHONES OR OTHER MOBILE DEVICES ONTO WHICH YOU DOWNLOADED IT.
you GUARANTEE TO BE OF LEGAL AGE AND TO HAVE THE legal authority to confirm Your acceptance of theSE Terms of Use.
UPON YOUR ACCEPTANCE OF THESE TERMS OF USE, A LEGAL AGREEMENT BETWEEN YOU AND SCHNEIDER ELECTRIC IS FORMED AND ENTERS INTO FORCE.
THESE TERMS OF USE CAN BE CONSULTED AT ANY TIME IN THE SETTINGS OF THE MOBILE APPLICATION.
2. DEFINITIONS
For the purposes of these Terms of Use, the capitalized terms below shall have the meaning defined herein below:
“Affiliates”: means, with respect to Schneider Electric, any corporation, company or other legal entity that is directly or indirectly (i) controlling Schneider Electric, or (ii) controlled by Schneider Electric, or (iii) under common control with, respectively, Schneider Electric, and the term “control” shall, for the purpose of this definition, mean the direct or indirect control of at least 50% of the stock capital and/or of the voting rights.
“Authorized Users”: means any other person You authorize to access and make use of the Mobile Application.
“Contents”: means, this list not being limitative, the structure of the Mobile Application, its editorial contents, the drawings, the illustrations, the images, the photos, the trademarks, the logos, the initials, the company names, the audiovisual or multimedia works, the visual, audio or sound contents, as well as any other file or element present within the Mobile Application or otherwise forming part thereof.
“Intellectual Property Rights”: means any and all rights of any kind and any type arising under statute, regulation, ordinance, treaty, convention or otherwise, and including, without limitation any patents, utility models, moral rights, copyright and neighbouring rights, trademarks and trade dress rights, mask work rights, service marks, right in domain names, designs rights, rights in computer software, database rights, rights in confidential information (including but not limited to all rights in know-how and trade secrets) and any other intellectual property rights, in each case whether registered or not, including but not limited to applications and renewals, and all rights and forms of protection having equivalent or similar effect, recognized under the laws of each and every jurisdiction throughout the world.
“Mobile Application”: means the Mobile Application defined in the preamble hereof, that provides access to the Services and that is published by Schneider Electric or any of its Affiliates for download from mobile applications online stores proprietary to Schneider Electric or from officially authorized third-party mobile application online stores. A reference to the Mobile Application in these Terms of Use will be deemed to include a reference to the Contents, the software programs, the programming and navigation tools, the data bases, and any other structural components of the Mobile Application, as well as any updates and upgrades thereto that may be provided by Schneider Electric.
“Personal Information”: means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Schneider Electric”: means Schneider Electric USA, Inc., as designated above in these Terms of Use.
“Services”: means the services provided or otherwise made available by Schneider Electric or its Affiliates to Users of the Mobile Application. A summary description of the Services is provided in these Terms of Use.
“Compatible Device”: means any Schneider Electric hardware device that can be connected to the Mobile Application.
“You”, “Your” (as context may imply) or “the User”: means either:
(i)any individual person having the quality of consumer under the laws applicable to these Terms of Use and/or in the country where this person has his/her place of residence (hereinafter a “Consumer”) who downloads, installs and makes use of the Mobile Application, or
(ii)any legal person registered as a professional in the country / state where it is carrying out its ordinary course of business (hereinafter a “Professional”) who downloads, installs and makes use of the Mobile Application.
3. UPDATES OR DISCONTINUANCE OF THE MOBILE APPLICATION
3.1 Schneider Electric may, at any time, update or upgrade the then current version of the Mobile Application so as to enhance its current functionalities or to add new functionalities to the Mobile Application.
The User shall be informed of any update or upgrade to the material characteristics of the Mobile Application. Any such update or upgrade to the Mobile Application will be published by Schneider Electric on the mobile applications’ online stores from which the Mobile Application can be downloaded. Depending upon the settings of the mobile device on which the User uses the Mobile Application, the update or upgrade may be installed automatically on the mobile device, or the User may define in the settings of its mobile device the time and conditions for installing the update or upgrade.
Unless the update or upgrade is automatically installed on the mobile device, the User may choose to decline an update or upgrade. However, in some cases, an update or upgrade to the Mobile Application may be mandatory for a continued use of the Mobile Application, such as for compatibility or security reasons: as part of the information to Users of mandatory updates or upgrades, Schneider Electric shall make reasonable efforts to inform on the consequences in case Users decline the mandatory update or upgrade such as the fact that such Users may no longer be able to use whole or part of the Mobile Application or the Services.
3.2 User may further understand that the hardware products, systems or solutions with which the Mobile Application is interfaced or otherwise communicates, have a technical and commercial lifecycle and that Schneider Electric may decide at any time to stop their commercialization and withdraw the Mobile Application from the mobile applications online stores. The information of any such decision with the corresponding date of effect shall be made to Users by Schneider Electric through any means it will consider appropriate and within a reasonable prior notice, in any case subject to and without prejudice to any applicable mandatory laws and any agreements in force between Schneider Electric and the Users in relation to the supply and/or maintenance of the concerned hardware products, systems or solutions and the related digital services.
In case Schneider Electric makes available on the market any substitution or alternative hardware products, systems or solutions with related mobile application(s), Users shall remain free to order and implement such products, systems or solution and to download such related mobile application(s).
3.3 Schneider Electric recommends that every User carefully review the information provided concerning the Mobile Application on the online stores from which the Mobile Application is available or Schneider Electric’s corporate website at: https://www.se.com where Schneider Electric may publish information about the Mobile Application and/or the hardware products, systems and solutions with which the Mobile Application is interfaced or otherwise communicates.
4. REGISTRATION REQUIREMENTS
4.1. Once You have downloaded the Mobile Application, and depending upon the settings of the Mobile Application, you may have the possibility or the obligation to create a user account within the Mobile Application to use it. If such possibility or obligation applies, You shall use the “create an account” or any equivalent feature that You can find in the Mobile Application or that is otherwise provided to You, and You shall provide such information required thereon such as but not limited to, as applicable, Your name and email address, a home address when User is a consumer, or those same information related to any other individual person You authorize to use the Mobile Application (“the Authorized Users”), it being understood that, depending upon the jurisdiction, such information You provide to create Your user account or Your Authorized Users’ user account(s) may be considered as Personal Information.
4.2 When creating a user account within the Mobile Application, You agree (i) to create a unique password that You do not use with any other online product or service; (ii) to provide accurate, truthful, current and complete information; (iii) to promptly update upon any change the information provided to create said user account; (iv) to maintain the confidentiality and security of said user account by protecting Your identification information and password and restricting access to said user account; and (v) to promptly notify Schneider Electric if You discover or otherwise suspect any security incident related to said user account or any misuse thereof.
4.3 You may authorize Your Authorized Users to access to Your user account and make use of the Mobile Application for Your benefit and only for the purposes described in these Terms of Use, under your sole responsibility and to the extent permitted by law. You shall therefor be responsible to ensure these Terms of Use are made available in a legible manner to each of Your Authorized Users before any of them can log and make use of the Mobile Application. You shall be fully responsible to the extent permitted by law for the acts and omissions of Your Authorized Users or any other third party to whom You provide Your identification information and password, including for all activities that are made through the use of Your user account, and their compliance with these Terms of Use. Schneider Electric will have the right to rely upon any information received from Your user account.
5. FINANCIAL CONDITIONS
Unless Schneider Electric indicates on the applications’ stores from which the Mobile Application can be downloaded that the payment of a fee is required before You can use the Mobile Application, the Mobile Application is downloadable free of charge; this means that no license or other fee is payable by You to Schneider Electric in order to download, access or use the Mobile Application.
In the case the payment of a fee is required before You can use the Mobile Application, the amount of such fee and, as applicable the conditions applicable thereto, will be stated on the applications’ stores.
Users shall solely bear the cost and expense of any toll charges related to or arising from such Users’ access and use of the Mobile Application through the use of internet or telephone services, including but not limited to any costs and expenses related to subscribing to any third-party service that allows access to mobile telecommunications and the internet and any cost and expense related to the upload or download of any data in or from the Mobile Application.
6. GRANT OF LICENSE
6.1. Subject to Your compliance with all of the terms and conditions contained in these Terms of Use, Schneider Electric grants to You a non-exclusive, non-transferable, revocable, limited and non-assignable license right to use the Mobile Application in object code form (machine-readable) only, without the right to grant any sub-license thereof, for the purpose for which it is intended to be used to the exclusion of any other purpose, and subject to the terms and conditions contained in these Terms of Use.
6.2. The license to use the Mobile Application is granted to Users for the duration and in the geographies, which are made accessible or indicated on the mobile applications online stores’ webpage(s) that make the Mobile Application available for download. In the absence of restrictions set forth in these Terms of Use or on the mobile applications online store’s webpage(s) with respect to accessibility, duration or geographic territory, the license right to use the Mobile Application is granted to Users on a worldwide and perpetual basis unless terminated as defined in these Terms of Use.
6.3. The Mobile Application is available to the Users in object code (machine-readable) form only and under no circumstances is Schneider Electric obligated to disclose or make available to Users the source code of the Mobile Application unless required by mandatory provisions of applicable law.
6.4. You may download and use the Mobile Application on more than one single mobile device and use the Mobile Application on each of said devices under the same user account.
6.5. These Terms of Use only give you some rights to use the Mobile Application and Schneider Electric and its licensors reserve all other rights. You do not acquire any rights other than those expressly granted in these Terms of Use. You agree that You will use the Mobile Application only as expressly permitted in these Terms of Use. You agree that You will comply with any and all technical limitations in the Mobile Application that only allow You to use the Mobile Application in certain ways and that You will not, nor will You permit others to, circumvent such limitations.
6.6. If technological measures are designed to prevent unlicensed or illegal use of the Mobile Application, You agree that Schneider Electric may use those measures to prevent unlicensed or illegal use and You agree to comply with any requirements regarding such technological measures. Such measures do not constitute a defect in the Mobile Application, nor do they entitle You to any warranty rights.
6.7. These Terms of Use describe and govern Your right to download, install and use the Mobile Application.
6.8. These Terms of Use will also apply to You and shall remain fully enforceable between Schneider Electric and You even if You obtained the right to access and use the Mobile Application from an authorized Schneider Electric distributor or reseller or a certified Schneider Electric partner.
7. TITLE AND TRADEMARKS
7.1. The Mobile Application, as well as all rights, title, interest, technology and know-how, whether patented or not, embodied in the Mobile Application, as well as all Intellectual Property Rights contained in, associated with or attached to the Mobile Application, including but not limited to copyrights, shall remain the sole property of Schneider Electric or any Schneider Electric Affiliate or Schneider Electric’s third-party licensor in case any third-party software or technology is embedded in or bundled with the Mobile Application or otherwise provided to You with the Mobile Application.
7.2. Nothing in these Terms of Use shall be deemed to convey to You any of Schneider Electric’s or its Affiliate(s)’ Intellectual Property Rights or other proprietary rights in the Mobile Application; all rights not specifically granted in these Terms of Use are reserved by Schneider Electric and, as applicable, its Affiliate(s) owning such rights. Schneider Electric does not sell the Mobile Application to You but only grants You the license rights defined in these Terms of Use.
7.3. All Intellectual Property Rights or other proprietary rights pertaining to any third-party software or technology embedded in the Mobile Application or otherwise provided to You with the Mobile Application, shall remain vested in the relevant third-party and there will be no implied transfer of ownership to You of such third-party’s Intellectual Property Rights or other proprietary rights.
7.4. Should You become aware of any infringement to Schneider Electric’s or its Affiliate(s)’ Intellectual Property Rights or other proprietary rights in the Mobile Application, You shall immediately inform Schneider Electric of such infringement and provide all relevant information and reasonable cooperation requested by Schneider Electric to defend its own interests and/or those of its Affiliate(s).
7.5. Schneider Electric’s trademarks contained in the Mobile Application or otherwise used for the distribution or publication of the Mobile Application, are registered trademarks of Schneider Electric or its relevant Affiliate(s). Except as otherwise expressly prescribed by mandatory provisions of applicable law, You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Mobile Application. These Terms of Use do not authorise You to use any names or trademarks of Schneider Electric, its Affiliates or their third-party licensors or authorised resellers.
8. RESTRICTIONS ON USE
8.1. You may only download, install, access, use and display the Mobile Application on the type of mobile devices and operating systems on which the Mobile Application is compatible for use as referred to in these Terms of Use, strictly in accordance with these Terms of Use and only for the specific purposes stated in these Terms of Use.
8.2. Furthermore, unless otherwise expressly required or authorized by statute, You will not nor will You permit others to:
(i) copy the Mobile Application except for backup purposes only in support of Your permitted use of the Mobile Application. Any such copy must include all copyright notices and any other proprietary legends present on the original Mobile Application. You may not sell, lease, license, rent or in other ways transfer any copy of the Mobile Application. If this Mobile Application contains a documentation that is provided only in electronic form or online, You may print one copy of such electronic documentation for each license acquired to the Mobile Application. If this Mobile Application contains a documentation that is provided in printed form, You may make one copy of such printed documentation for each license acquired for the Mobile Application;
(ii) modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise seek to reconstitute the source code of the Mobile Application, nor create derivative works from the Mobile Application. Further, in case of errors, bugs or defects of the Mobile Application, Schneider Electric expressly reserves the right to correct such errors, bugs or defects to the extent permitted by law but is not obligated to make such correction;
(iii) sub-license, lease, outsource or rent the Mobile Application, or permit a third-party to use the Mobile Application for its or anyone else's benefit;
(iv) other than as expressly permitted in these Terms of Use, distribute in whole or part, modify, or create derivatives of, the Mobile Application or distribute applications created with the Mobile Application; or
(v) directly or indirectly, export, re-export, download, or ship the Mobile Application in violation of the laws and regulations of the jurisdiction in which You use or are downloading the Mobile Application.
8.3. The use of the Mobile Application is intended only for use with contents owned by You, public domain contents or properly licensed content. You may need a patent, copyright, or other license from a third-party to create, copy, download, record or save content files for use with the Mobile Application or to serve or distribute such files to be used with the Mobile Application; in such case, it is Your sole responsibility to obtain such license and you shall solely bear the cost and expense of obtaining such license.
8.4. You may not use the Mobile Application in an attempt to, or in conjunction with any device, program or service designed to, circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright or other laws of any jurisdiction.
8.5. You agree that You shall only use the Mobile Application in a manner that complies with all applicable laws in the jurisdictions in which You download, install or use the Mobile Application, including, but not limited to, applicable restrictions concerning copyright and other Intellectual Property Rights.
9. PERSONAL INFORMATION PROTECTION
You are advised to check the privacy notices and privacy policies made available to you by Schneider Electric and/or in relation to the Mobile Application.
You are responsible for any third-party Personal Information that you upload, store, create, use, share, modify, delete or otherwise process during your use of the Mobile Application. You must comply with all applicable laws and regulations, obtain all required consents and make all required notifications in this respect.
10. WARRANTIES AND DISCLAIMERS OF WARRANTIES
10.1 SCHNEIDER ELECTRIC WARRANTS THAT IT IS ENTITLED TO LICENSE AND OTHERWISE MAKE AVAILABLE THE MOBILE APPLICATION TO YOU IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE.
10.2 THE MOBILE APPLICATION IS PROVIDED TO YOU ON AN “AS-IS” BASIS AND “AS AVAILABLE” BASIS AND SCHNEIDER ELECTRIC PROVIDES A LIMITED WARRANTY UNDER WHICH SCHNEIDER ELECTRIC’S SOLE OBLIGATION AND YOUR SOLE REMEDY WITH RESPECT TO THE MOBILE APPLICATION SHALL BETHAT SCHNEIDER ELECTRIC OR ANY OF ITS AFFILIATES FIXES OR PROVIDES A WORK-AROUND TO ANY DEFECT OR NON-COMPLIANCE TO ITS DOCUMENTATION OF THE MOBILE APPLICATION WITHOUT CHARGING ANY AMOUNT TO YOU, PROVIDED THAT (A) YOU GIVE NOTICE OF THE DEFECT OR NON-COMPLIANCE TO SCHNEIDER ELECTRIC WITHIN THE NOTIFICATION PERIOD, AND (B) THE DEFECT OR NON-COMPLIANCE DOES NOT FALL UNDER THE EXCLUSIONS SET FORTH IN SECTION 10.3 BELOW. IF, FOR ANY REASON, SCHNEIDER ELECTRIC IS NOT ABLE TO FIX OR PROVIDE A WORK-AROUND TO ANY SUCH DEFECT OR NON-COMPLIANCE WITHIN A REASONABLE TIME, YOU SHALL BE ENTITLED TO TERMINATE THESE TERMS OF USE IMMEDIATELY.
WHEN YOU ARE A PROFESSIONAL AND USE THE MOBILE APPLICATION, THE NOTIFICATION PERIOD SHALL BE OF NINETY (90) DAYS FROM THE DATE WHEN YOU FIRST DOWNLOAD THE MOBILE APPLICATION.
WHEN YOU ARE A CONSUMER, THE NOTIFICATION PERIOD SHALL BE OF NINETY (90) DAYS FROM THE DATE WHEN YOU BECOME AWARE OF SUCH DEFECT UNLESS A LONGER NOTIFICATION PERIOD BENEFITS THE CONSUMER UNDER APPLICABLE MANDATORY LAWS.
UNLESS OTHERWISE AGREED UPON BETWEEN SCHNEIDER ELECTRIC AND THE USER UNDER ANY AGREEMENT IN FORCE BETWEEN THEM, SCHNEIDER ELECTRIC SHALL NOT HAVE ANY OBLIGATION UNDER THIS WARRANTY TO FIX OR PROVIDE A WORK AROUND FOR ANY PERIOD LONGER THAN THE PERIOD IMPOSED BY APPLICABLE MANDATORY LAWS.
10.3 SCHNEIDER ELECTRIC’S WARRANTY SHALL BE EXCLUDED AND SCHNEIDER ELECTRIC SHALL HAVE NO WARRANTY OBLIGATIONS TO THE EXTENT THE MOBILE APPLICATION IS ALTERED OR FAILS TO PERFORM IN ANY WAY AS THE RESULT OF A FAULTY OR NON-CONFORMING USE, CONFIGURATION OR INSTALLATION OF THE MOBILE APPLICATION BY YOU, ANY PERSON UNDER YOUR CONTROL OR ANY AUTHORIZED USER, INCLUDING BUT NOT LIMITED TO THE USE OF THE MOBILE APPLICATION WITH ANY HARDWARE, SOFTWARE, FIRMWARE, OPERATING SYSTEM OR SOLUTION NOT SUPPLIED, NOT RECOMMENDED OR NOT APPROVED BY SCHNEIDER ELECTRIC TO BE USED WITH THE MOBILE APPLICATION, OR THE UNAUTHORIZED MAINTENANCE OF THE MOBILE APPLICATION.
10.4 SCHNEIDER ELECTRIC’S WARRANTY SHALL ALSO BE EXCLUDED IN CASE OF DEFECT OR NON-COMPLIANCE OF THE MOBILE APPLICATION, TO THE EXTENT SUCH DEFECT OR NON-COMPLIANCE COULD HAVE BEEN PREVENTED BY MAKING USE OF AN UPDATE OR UPGRADE TO THE MOBILE APPLICATION THAT SCHNEIDER ELECTRIC MADE AVAILABLE TO YOU IN ANY MANNER WHATSOEVER.
10.5 WITHOUT PREJUDICE TO ANY STATUTORY WARRANTIES WHICH, AS THE CASE MAY BE, BENEFIT YOU UNDER THE LAW APPLICABLE TO THESE TERMS OF USE OR OTHER MANDATORY OR PUBLIC ORDER LAWS OR REGULATIONS (SUCH AS BUT NOT LIMITED TO THOSE LAWS AND REGULATIONS RELATED TO CONSUMERS’ RIGHTS) THAT ARE APPLICABLE (ON BOTH FEDERAL AND STATE LEVELS, AS THE CASE MAY APPLY) IN ANY COUNTRY WHERE YOU DOWNLOAD, INSTALL OR USE THE MOBILE APPLICATION OR IN THE COUNTRY WHERE YOU HAVE YOUR RESIDENCE WHEN YOU ARE A CONSUMER, SCHNEIDER ELECTRIC MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION THAN THOSE CONTAINED IN THIS SECTION 10 AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MOBILE APPLICATION, THEIR UPDATES AND UPGRADES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WHILE SCHNEIDER ELECTRIC HAS TAKEN REASONABLE STEPS TO ENSURE THE ACCURACY OF THE INFORMATION CONTAINED IN OR SHOWN BY THE MOBILE APPLICATION, SCHNEIDER ELECTRIC MAKES NO WARRANTY AS TO WHETHER THE MOBILE APPLICATION OR ANY INFORMATION CONTAINED IN OR SHOWN BY THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR PURPOSES OR THAT THE OPERATION OF THE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE MOBILE APPLICATION WILL BE PROTECTED AGAINST ALL POSSIBLE SECURITY THREATS, INTERNET THREATS OR OTHER THREATS OR INTERRUPTIONS.
10.6 OTHER THAN THE WARRANTIES REFERRED TO IN THIS SECTION 10, SCHNEIDER ELECTRIC SHALL NOT HAVE ANY OBLIGATION TO PROVIDE YOU WITH ANY MAINTENANCE, SUPPORT OR CORRECTION SERVICES IN CONNECTION WITH THE MOBILE APPLICATION OTHER THAN THOSE YOU AND SCHNEIDER ELECTRIC MAY HAVE AGREED UPON BY WAY OF A SEPARATE AGREEMENT.
10.7 IN THE CASE YOU ARE A CONSUMER, THE WARRANTIES STATED IN THIS SECTION 10 ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES YOU MAY HAVE UNDER APPLICABLE CONSUMER LAWS TO THE EXTENT SUCH RIGHTS AND REMEDIES CANNOT LEGALLY BE DISCLAIMED OR EXCLUDED.
11. LIABILITIES
11.1 THE USE OF THE MOBILE APPLICATION SHALL BE UNDER YOUR SOLE RESPONSIBILITY.
11.2 YOUR DOWNLOAD OR UPLOAD OF ANY DATA FROM OR TO THE MOBILE APPLICATION, YOUR CREATION OR MODIFICATION OF ANY DATA IN CONNECTION WITH THE USE OF THE MOBILE APPLICATION, SHALL BE YOUR SOLE RESPONSIBILITY, AS WELL AS ANY USE OF SUCH DATA BY YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF, INCLUDING ANY DECISION, ACT OR OMISSION, SUCH AS BUT NOT LIMITED TO ANY ELECTRICAL ASSEMBLY, INSTALLATION, CONFIGURATION OR MAINTENANCE, THAT YOU OR ANY THIRD-PARTY ACTING ON YOUR BEHALF MAY MAKE ON BASIS OF OR IN RELIANCE ON ANY SUCH DATA.
11.3 THE EXCLUSION AND LIMITATIONS OF LIABILITY STATED IN THESE TERMS OF USE SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO THESE TERMS OF USE AND DO NOT AFFECT OR PREJUDICE STATUTORY RIGHTS WHICH, AS THE CASE MAY BE, BENEFIT YOU UNDER MANDATORY OR PUBLIC ORDER LAWS OR REGULATIONS (SUCH AS BUT NOT LIMITED TO THOSE LAWS AND REGULATIONS RELATED TO CONSUMERS’ RIGHTS) APPLICABLE IN ANY COUNTRY WHERE YOU WILL DOWNLOAD, INSTALL OR USE THE MOBILE APPLICATION OR IN THE COUNTRY WHERE YOU HAVE YOUR RESIDENCE IN THE CASE YOU ARE A CONSUMER.
11.4 IN NO EVENT SHALL SCHNEIDER ELECTRIC (BY REASON OF ITS OWN ACTS OR OMISSIONS OR THOSE OF ANY THIRD-PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO SCHNEIDER ELECTRIC’S LICENSORS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF SAVINGS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF REPUTATION OR WASTE OF MANAGEMENT OR OFFICE TIME OR OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE, THE USE, THE INABILITY TO USE OR THE MISUSE OF THE MOBILE APPLICATION, WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL GROUND AND EVEN IF SCHNEIDER ELECTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.5 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, AND EXCEPT IN CASE OF (i) SCHNEIDER ELECTRIC’S FRAUD OR FRAUDULENT MISREPRESENTATION, (ii) SCHNEIDER ELECTRIC’S WILFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (iii) DEATH OR INJURY TO AN INDIVIDUAL PERSON, WHERE NO LIMITATION OF LIABILITY SHALL APPLY, SCHNEIDER ELECTRIC’S AGGREGATE AND ENTIRE LIABILITY UNDER ANY AND ALL PROVISIONS OF THESE TERMS OF USE OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE MOBILE APPLICATION, SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED (I) THE TOTAL AMOUNT WITHOUT TAX YOU PAID TO ACQUIRE THE RIGHT TO USE THE MOBILE APPLICATION WITH RESPECT TO WHICH LIABILITY IS CLAIMED OR (II) A TOTAL AND FINAL AMOUNT OF TWENTY DOLLARS ($20) IN CASE THE MOBILE APPLICATION IS MADE AVAILABLE TO YOU FOR FREE WITHOUT LICENSE FEE NOR OTHER AMOUNT PAYABLE TO SCHNEIDER ELECTRIC.
11.6 SCHNEIDER ELECTRIC'S LIABILITY ARISING OUT OF THESE TERMS OF USE IS REDUCED PROPORTIONALLY TO THE EXTENT TO WHICH ANY ACT OR OMISSION BY YOU OR BY ANY THIRD PARTY ACTING ON YOUR BEHALF, CONTRIBUTED TO THE LOSS OR DAMAGE INCURRED.
11.7 YOU ACKNOWLEDGE THAT THE USE OF THE MOBILE APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS AND POTENTIAL FAILURE DUE TO THE INHERENT RISKS OF TELECOMMUNICATIONS NETWORKS AND THE INTERNET. SCHNEIDER ELECTRIC SHALL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE RESULTING FROM THE AFORESAID LIMITATIONS, DELAYS AND POTENTIAL FAILURES.
11.8 IN CASE THE RIGHT TO ACCESS AND USE THE MOBILE APPLICATION WAS FURNISHED TO YOU BY ANY AUTHORIZED SCHNEIDER ELECTRIC DISTRIBUTOR OR RESELLER OR ANY SCHNEIDER ELECTRIC CERTIFIED PARTNER, WITH OR WITHOUT A THIRD-PARTY PRODUCT, SCHNEIDER ELECTRIC SHALL IN NO EVENT BE A PARTY TO ANY PURCHASE ORDER OR OTHER AGREEMENT BETWEEN YOU AND SUCH DISTRIBUTOR, RESELLER OR PARTNER AND SHALL NOT ASSUME OR OTHERWISE BEAR ANY LIABILITY THEREUNDER.
12. INDEMNIFICATION
12.1 You shall indemnify Schneider Electric, its Affiliates and each of their respective officers, directors, employees, licensors, contractors, successors and assigns against any and all damages arising from or related to any of the following circumstances: (i) any breach by You of any of Your obligations under these Terms of Use; (ii) any failure by You to comply with any applicable law and/or regulation in connection with Your use of the Mobile Application, (iii) any use of the Mobile Application with any hardware, software, firmware, operating system or solution not supplied, not recommended or otherwise not approved by Schneider Electric to be used with the Mobile Application; and/or (iv) any modification, alteration or maintenance of the Mobile Application by anyone other than Schneider Electric without written approval of Schneider Electric. In the case You are a consumer, this Section 12.1 shall apply to the extent permitted by the law of the country where You have Your residence.
12.2 Subject to the provisions of Section 11, Schneider Electric will defend and indemnify You against a third-party claim that the Mobile Application infringes any copyright enforceable in the jurisdiction where Schneider Electric has its registered office or principal place of business, or misappropriates any trade secret protected under the laws of such jurisdiction (the “Included Jurisdiction”), provided that: (i) You notify Schneider Electric of the claim in writing immediately upon the Your awareness of such claim; (ii) Schneider Electric has sole authority and control of the defence of the claim and all related settlement negotiations; and (iii) You provide Schneider Electric with the assistance, information and authority necessary in order for Schneider Electric to handle the defence and settlement of such claim and perform its obligations under this Section 12.2. If the Mobile Application is held or believed by Schneider Electric to constitute an infringement or misappropriation as per this Section 12.2, then Schneider Electric will have the option, at its expense, to: (i) obtain for You a license to continue using the Mobile Application; (ii) replace or modify the Mobile Application to make it non-infringing; or (iii) if in Schneider Electric’s sole discretion, it is not economically or commercially reasonable to perform either (i) or (ii) above then Schneider Electric may terminate the license for the infringing Mobile Application and refund to You the license or other fee (if any) You paid to Schneider Electric for the infringing Mobile Application. Without prejudice to mandatory or public order laws or regulations in the country where You have Your residence in the case You are a consumer and to the extent permitted under such laws or regulations, this Section 12.2 states Your sole and exclusive remedy and Schneider Electric’s and its Affiliates’ sole liability for any claim under this Section 12.2.
12.3 Schneider Electric will not bear or owe You the warranty defined under Section 12.2 of these Terms of Use for any claim that arises out of or relates to: (i) any circumstance defined under Section 12.1, or (ii) Your use of the Mobile Application after You received the information from Schneider Electric or any competent authority that the Mobile Application infringes any third-party’s Intellectual Property Right; or (iii) Your failure to use corrections or enhancements made available by Schneider Electric. In the case You are a consumer, this Section 12.3 shall apply to the extent permitted by the law of the country where You have Your residence.
13. THIRD-PARTY WEBSITES AND CONTENTS
In case the Mobile Application enables the User to indicate the web address of, to access to or to create a link providing access to, any third party’s website or third-party’s contents, products, services or information, the User shall, to the extent permitted by law, be responsible and bear all risks associated with the access and use of such third-parties’ websites and /or contents, products, services and information. Schneider Electric does not control and is not responsible for such third parties’ websites or any such third parties’ contents, products, services and information accessible from or provided through such third parties’ websites. Any access by the User to third parties’ websites or any use it makes of third parties’ contents, products, services or information through the User’s access and/or use of the Mobile Application shall be subject to said third parties’ own terms of use or other legal document governing said third-party’s websites, contents, products, services or information.
14. ASSIGNMENT
Your rights and obligations under these Terms of Use may not be sold, sub-licensed, rented, assigned, delegated, transferred or otherwise conveyed by You or Your representatives without Schneider Electric’s prior express written consent. The license granted to You under these Terms of Use is granted in consideration of Your person (“intuitu personae”). Schneider Electric may assign its rights and obligations under these Terms of Use to any Affiliate or to any company Schneider Electric may acquire control of or merge with. Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
15. TERM OF CONTRACT - TERMINATION
15.1 The legal agreement formed between You and Schneider Electric pursuant to these Terms of Use, is a contract of indefinite duration which can be terminated by the parties as indicated in the present section 15.
15.2 In case the Mobile Application allows Users to create their user account within the Mobile Application, You may at any time use the function provided by the Mobile Application to request the deletion of your user account. The deletion of your user account may be put on hold for a given number of days we will then indicate to You in order to give You the opportunity to change Your mind on Your request. . Upon deletion of your user account, such deletion will automatically and by right cause the termination of the legal agreement formed under these Terms of Use.
15.3 Schneider Electric may terminate the legal agreement formed under these Terms of Use with inactive users of the Mobile Application and delete their user account. If you do not connect to the Mobile Application over a continuous period of several months , we will make reasonable efforts to contact you, for instance by using the contact information You provided when downloading the Mobile Application or, when applicable, when creating Your user account. We will ask you to confirm, in a way we will indicate to You, if you wish to continue using the Services. If we do not manage to get an affirmative answer from You and you still do not connect to the Mobile Application within the period then indicated to You, we reserve the right to delete your user account. Such deletion will automatically and by right cause the termination of the legal agreement formed under these Terms of Use.
15.4 Either party may terminate the legal agreement formed under these Terms of Use in case the other party fails or breaches any of its contractual, legal or regulatory obligations in the frame of the performance of said legal agreement, or in case the other party infringes any Intellectual Property Rights when accessing or using the Mobile Application.
15.5 You undertake to cease using the Mobile Application immediately and by right upon termination of the legal agreement formed under these Terms of Use, and to remove the Mobile Application from any device or medium on which You will have downloaded or installed it. Upon Schneider Electric’s demand, You will provide a written statement that You have taken the measures stated in the present section 15.5.
15.6 Termination by either party of the legal agreement formed under these Terms of Use shall cause the immediate termination of the license right to use the Mobile Application granted to You under these Terms of Use. Such termination shall not affect any other right or any remedies which, before said termination, may have accrued to You or Schneider Electric under these Terms of Use, at law or, if applicable, in equity, in connection to or arising out of such license.
16. EXPORT CONTROL
16.1 Schneider Electric is subject to the laws of, and the items provided by Schneider Electric in accordance with these Terms of Use contain or may contain components and/or technologies from, the United States of America (“US”), the European Union (“EU”) or other nations. User acknowledges and agrees that the supply, assignment and/or usage of the products, software, services, information, other items and/or the embedded technologies (hereinafter referred to as “Deliverables”), and all activities carried out under these Terms of Use shall fully comply with applicable trade, export control, embargo, economic or financial sanctions or anti-boycott laws, regulations, rules and/or restrictive measures imposed, administered or enforced from time to time by the United States, the United Kingdom, the European Union, and other applicable jurisdictions (hereinafter referred to as “International Trade and Sanctions Controls”).
16.2 Unless applicable International Trade and Sanctions Controls authorizations have been obtained from the relevant authority and Schneider Electric has approved, User shall not take any action that may result, directly or indirectly, in the Deliverables (i) being exported and/or re-exported to any destination and party (may include but not limited to an individual, group and/or legal entity) , if export, sale, supply or transfer of the Deliverables to such destination or party is prohibited or restricted by the International Trade and Sanctions Controls applicable to Schneider Electric and/or Deliverables; or (ii) being used for those purposes and fields prohibited or restricted by the International Trade and Sanctions Controls applicable to Schneider Electric and/or Deliverables. User also agrees that the Deliverables will not be used either directly or indirectly in any missiles; nor be used in any nuclear weapons delivery systems; and will not be used in any design, development, production or use for any weapons which may include but not limited to chemical, biological, or nuclear weapons, or for any other prohibited end-use or end user unless authorized under International Trade and Sanctions Controls.
16.3 User represents and warrants that it shall maintain reasonable compliance policies, procedures and controls designed to ensure compliance with International Trade and Sanctions Controls and shall not otherwise undertake any action that violates or would cause Schneider Electric to violate International Trade and Sanctions Controls.
16.4 User agrees to fully cooperate and provide all documentation that Schneider Electric identifies as necessary or advisable to support compliance with International Trade Controls, including but not limited to the end user statement.
16.5 User undertakes to use best endeavors to recover the Deliverables that are exported and/or re-exported in violation of paragraph 16.2 (i) of this clause from any destination or party prohibited or restricted by the International Trade and Sanctions Controls applicable to the Schneider Electric and/or Deliverables.
16.6 Schneider Electric shall have a right to suspend performance of all obligations under these Terms of Use, if: (i) any necessary or advisable licenses, authorizations or approvals are not obtained, whether arising from inaction by any relevant government authority or otherwise, or (ii) any such licenses, authorizations or approvals are denied or revoked, or (iii) the International Trade and Sanctions Controls would prohibit Schneider Electric from fulfilling these Terms of Use, or would in Schneider Electric’s judgment otherwise expose Schneider Electric to a risk of liability under the applicable International Trade and Sanctions Controls if it fulfilled these Terms of Use, or (iv) Schneider Electric becomes aware that the Deliverables were exported or re-exported in violation of paragraph 16.2 (i) of this clause.
16.7 Schneider Electric may resume the performance of obligations under these Terms of Use, once (i) User obtains the necessary or advisable licenses, authorizations or approvals; or (ii) the applicable International Trade and Sanctions Controls are amended or revised, or any new International Trade and Sanctions Controls are adopted that authorize Schneider Electric to fulfil these Terms of Use or to take other required action without any licenses, authorizations or approvals; or (iii) User confirms in writing that User has used best endeavors to recover the Deliverables exported and/or re-exported in violation of paragraph 16.2 (i) of this clause. If User fails to comply with paragraph 16.7 (iii) of this clause for six (6) months, Schneider Electric may terminate the legal agreement formed with Schneider Electric by User's acceptance of these Terms of Use and will not be liable for any losses of the User associated with such termination.
16.8 User shall be responsible for and shall indemnify Schneider Electric against all liability, losses, administrative fines, damages, and expenses (including reasonable attorney’s or other professional services provider’s fees) resulting from (i) User’s non-compliance with or violations of International Trade and Sanctions Controls, or (ii) User causing Schneider Electric to be in non-compliance with or to violate such International Trade and Sanctions Controls, or (iii) User violating this clause (regardless of whether such violation results in a breach of the International Trade and Sanctions Controls by the User or Schneider Electric).
16.9 If requested by Schneider Electric, User shall annually provide (i) an updated end use statement and (ii) an additional certification, certifying that the representations, warranties, and covenants in this clause remain accurate.
16.10 In the case You are a consumer, this Section 16 shall apply to the extent permitted by the law of the country where You have Your residence.
17. MISCELLANEOUS
17.1 Schneider Electric is an independent contractor. Each of You and Schneider Electric agree that no partnership, joint venture, or agency relationship exists or is created by these Terms of Use between You and Schneider Electric. Neither You nor Schneider Electric is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of one another.
17.2 No third-party beneficiary relationship is created by these Terms of Use. These Terms of Use shall not be construed to confer any rights or remedies to any third-party.
17.3 These Terms of Use constitute the entire agreement between You and Schneider Electric in relation to Your right to use the Mobile Application and replaces any previous agreement or understanding, whether oral, electronic or written, in relation to the same subject matter.
17.4 Should any provision of these Terms of Use be declared invalid or unenforceable by any competent jurisdiction and provided said invalidity or unenforceability does not void the legal agreement formed under these Terms of Use, all other provisions of these Terms of Use shall remain valid and in full force and effect.
17.5 Failure by either party to these Terms of Use to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by such party of any right to enforce these Terms of Use, nor shall any course of conduct between the parties or with any third-party be deemed to modify any provision of these Terms of Use.
17.6 All notices sent in pursuance of these Terms of Use shall be in writing. Notices of a general purpose related to the Mobile Application shall be given by Schneider Electric on Schneider Electric’s website, the mobile application stores’ webpage(s) that make the Mobile Application available for download and/or through the Mobile Application itself. Notices specifically addressed to You shall be given by Schneider Electric by electronic mail to the electronic address on record in the information You provided when downloading the Mobile Application or, when applicable, when creating Your user account. Any notice by the User to Schneider Electric shall be in writing and sent by electronic mail to the electronic address or by registered letter to the address of Schneider Electric’s registered office as respectively indicated on the first page of these Terms of Use.
17.7 Headings in these Terms of Use are just for ease of reference and will not affect its interpretation.
17.8 Words expressed in the singular include the plural and vice versa.
17.9 Section 7 “Title and trademarks”, Section 10 “Warranties and disclaimers of warranties”, Section 11 “Liabilities”, Section 12 “Indemnification”, Section 15 “Term of contract- Termination”, Section 16 “Export Control”, Section 17 “Miscellaneous” and Section 20 “Applicable Law and Disputes Resolution” of these Terms of Use shall survive termination of the contract formed between You and Schneider Electric by these Terms of Use. Furthermore, provisions which by their nature are intended to survive termination of these Terms of Use, shall continue to produce their effects notwithstanding termination of these Terms of Use.
18. AMENDMENT TO THESE TERMS OF USE
Schneider Electric may at any time update these Terms of Use to appropriately reflect our services and practices. Unless provided to the contrary by law, Schneider Electric shall inform You through the Mobile Application or by electronic mail to the electronic address You provided us when downloading the Mobile Application or, when applicable, when creating Your user account, and we shall give you the opportunity to review and, as you may decide, to refuse the revised Terms of Use before it applies to You. Subject to the foregoing, if You do not refuse those revised Terms of Use, You shall be bound by the revised Terms of Use by effect of your continued use of the Mobile Application after the revised Terms of Use enter into force.
19. COMPLAINTS BY THE USER
Any complaint from the User to Schneider Electric in relation to the Mobile Application shall be sent to Schneider Electric by electronic mail to the electronic address indicated on the first page of these Terms of Use. Such complaints shall be processed by Schneider Electric as soon as possible.
20. APPLICABLE LAW AND DISPUTES RESOLUTION
20.1 These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, to the exclusion of its conflict of law rules. The United Nations Convention on the International Sale of Goods shall not apply to these Terms of Use.
In the case You are a consumer, You additionally enjoy the protection afforded to You by mandatory or public order provisions of any law or regulation of Your country of residence for the protection of Your consumer rights.
20.2 Any dispute between You and Schneider Electric arising out of or in connection with these Terms of Use and/or the Mobile Application, whether based on contract, warranty, tort (including negligence), strict liability, statute or otherwise, which cannot be amicably settled, shall in all cases be finally settled according to the law governing these Terms of Use as defined above, by the courts located in Middlesex County, Massachusetts to the exclusion of any other jurisdiction, including in case of plurality of defendants, injunction-like or emergency proceedings and appeal in warranty, without depriving You of the rights afforded under mandatory or public order laws or regulations (such as but not limited to those related to consumers’ rights, online contracts or electronic commerce) applicable in the country where You will download, install or use the Mobile Application or, when You are a consumer, in the country where You have your residence.
If You are a consumer having Your residence in the European Union or in the United Kingdom, You may bring a claim against Schneider Electric to enforce Your consumer rights in connection with these Terms of Use and/or the Mobile Application, in either of the courts of the country where Schneider Electric has its registered office or the courts of Your country of residence.
If You are a consumer having Your residence in the European Union, the European Commission provides for an online and out-of-court consumers disputes resolution platform, which You can access under the following link: https://ec.europa.eu/consumers/odr.
20.3 To the extent permitted by applicable law at both federal and state levels when applicable, in the country where Schneider Electric has its registered office or principal place of business and/or, as relevant in the context, in the country where You will access and/or use the Mobile Application, or in the country of Your residence in the case You are a consumer, You acknowledge and accept that Schneider Electric will be irreparably damaged and damages at law may be an inadequate remedy if You breach any provision of these Terms of Use and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by You of these Terms of Use, Schneider Electric shall be entitled, in addition to all other rights or remedies, to (i) an injunction or other injunctive relief restraining such breach, without being required to show any actual damage or to post an injunction or other bond; and/or (ii) a decree for specific performance of the applicable provision of these Terms of Use.
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