Eaton 9395XC, Installation And Operation Manual

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expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any
breach of this Agreement.
5.12 Open Source Software . The Firmware may contain certain components owned by Eaton that
are provided with, incorporated into, linked to, or embedded in the Firmware that are subject to third
party open source licenses (“Eaton Open Source Components”). Eaton OpenSource Components are
subject to the open source licenses corresponding to the particular software component. To the
extent there are any conflicts between the terms of this Agreement and any open source license
corresponding to Eaton Open Source Components or additional obligations by such open sources
license that are not set forth in this Agreement, the terms of the open source license will control.
5.13 Confidentiality . Licensee acknowledges that confidential aspects of the Firmware (including any
proprietary source code) are a trade secret of Eaton, the disclosure of which would cause substantial
harm to Eaton that could not be remedied by the payment of damages alone and such confidential
aspects of the Firmware shall not be disclosed to third parties without the prior written consent of
Eaton. Accordingly, Eaton will be entitled to preliminary and permanent injunctive and other equitable
relief for any breach of this Section 5.13.
5.14 Note on JAVA Support . The Firmware may contain support for programs written in JAVA.
JAVA technology is not fault tolerant and is not designed, manufactured, or intended for use or resale
as online control equipment in hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct
life support machines, or weapons systems, in which the failure of JAVA technology could lead
directly to death, personal injury, or severe physical or environmental damage. EATON DISCLAIMS
ALL DAMAGES INCLUDING DIRECT, INDIRECT AND CONSEQUENTIAL DAMAGES RELATING TO
THE FAILURE OF ANY SOFTWARE INCLUDING JAVA PROGRAMS AND/OR JAVA TECHNOLOGY.
5.15 Governing Law . This Agreement will be interpreted and enforced in accordance with the laws of
Ireland, without regard to choice of law principles. Any claim or suit with respect to this Agreement
shall be brought in the Courts of Ireland, unless mandatory law imposes otherwise.