Subject to the terms and conditions set forth herein, Itron Inc. (Itron) hereby grants to you, as a user of this web-based software application, (You) the right to use this web-based software application (the App) for the limited purpose of its intended use as general reference material. The App is provided without charge and on an “AS-IS” basis. Itron does not guarantee the availability or any performance of the App or the accuracy or suitability of its results. Your reliance on any recommendations or the specifications provided by the App is at your own risk. ITRON HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND ASSOCIATED WITH THE APP, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. FURTHER, ITRON RESERVES THE RIGHT TO AND THE RIGHT TO MAKE CHANGES TO THE APP WITHOUT NOTIFICATION AND TO TERMINATE ACCESS TO THE APP AT ANY TIME. Except as expressly provided hereunder, Itron conveys no license or title to you or any third party in the App. Itron reserves all right, title, and interest in the App. You agree not to (i) modify or create derivative works of the App, ii) sublicense, lease, rent, assign, distribute, repackage, or rebrand, the App; (iii) use the App for any commercial use, or (v) reverse-assemble the App without the prior written consent of Itron. IN NO EVENT SHALL ITRON BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY ERRORS, OMISSIONS OR INACCURACIES OF THE APP, NOR BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF BUSINESS, USE, DATA OR PROFITS, WHETHER OR NOT THE ITRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.
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