Freight Tool Data Use Disclaimer Agreement

("Agreement")

Before downloading Freight Energy Analysis Tool, you must read and agree to this disclaimer.

This Freight Energy Analysis Tool ("Tool") is provided by the National Renewable Energy Laboratory ("NREL"), which is operated by the Alliance for Sustainable Energy, LLC ("ALLIANCE") for the U.S. Department of Energy ("DOE").

Access to and use of this Tool shall impose the following obligations on the user, as set forth in this Agreement. The user is granted the right, without any fee or cost, to use, copy, modify, alter, enhance and distribute this Tool for any purpose whatsoever, provided that this entire notice appears in all copies of the Tool. Further, the user agrees to credit DOE/NREL/ALLIANCE in any publication that results from the use of this Tool. The names DOE/NREL/ALLIANCE, however, may not be used in any advertising or publicity to endorse or promote any products or commercial entities unless specific written permission is obtained from DOE/NREL/ALLIANCE. The user also understands that DOE/NREL/Alliance is not obligated to provide the user with any support, consulting, training or assistance of any kind with regard to the use of this Tool or to provide the user with any updates, revisions or new versions of this Tool.

YOU AGREE TO INDEMNIFY DOE/NREL/ALLIANCE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO YOUR USE OF THIS TOOL. THIS TOOL IS PROVIDED BY DOE/NREL/ALLIANCE "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL DOE/NREL/ALLIANCE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS ASSOCIATED WITH THE LOSS OF DATA OR PROFITS, WHICH MAY RESULT FROM AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CLAIM THAT ARISES OUT OF OR IN CONNECTION WITH THE ACCESS, USE OR PERFORMANCE OF THIS TOOL.

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