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INM 9476-ETG Rev 2
restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect Eaton’s
ownership or proprietary rights therein or any other of Eaton’s information, processes,
methodologies, products, goods, services, or materials, tangible or intangible, in
any form and in any medium. Authorized Party may not copy, decompile, or reverse
engineer any of the products featured in the Product Software.
Open Source and Third-Party Libraries
. Certain items of software included with the
Product Software may be subject to “open source” or “free software” licenses (“Open
Source Software”) or third-party proprietary software. Some Open Source Software
or proprietary software (collectively, “Third-Party Software”) is owned by third parties.
Eaton provides the Third-Party Software to You “AS IS” without any indemnities or
warranties of any kind. The Open Source Software is not subject to the terms and
conditions of this Agreement. Instead, each item of Open Source Software is licensed
under the terms of the end user license that accompanies such Open Source Software.
Nothing in this Agreement limits Authorized Party’s rights under, or grants Authorized
Party rights that supersede, the terms and conditions of any applicable end user
license for the Open Source Software. To the extent there are any conflicts between
the terms of this Agreement and any Open Source Software license corresponding to
the open source component(s) of the software included with the Product Software or
additional obligations by such Open Source Software license that are not set forth in
this Agreement, the terms of the Open Source Software license will control.
Support Services.
Eaton or its suppliers and distributors may provide Authorized
Party with support services related to the Product Software (
"Support Services"
).
Use of Support Services is governed by the policies and programs described in the
Documentation, and/or other Eaton-provided materials. Any supplemental materials
provided to Authorized Party as part of the Support Services shall be considered part
of the Product Software, as applicable, and subject to the terms and conditions of this
Agreement.
No Warranty.
TO THE EXTENT PERMITTED BY LAW, AUTHORIZED PARTY
EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE PRODUCT
SOFTWARE IS AT AUTHORIZED PARTY’S SOLE RISK AND THAT THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT OF
THE PRODUCT SOFTWARE IS WITH AUTHORIZED PARTY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT SOFTWARE AND
ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH
THE PRODUCT SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND.
EATON, ITS AFFILIATES, SUBSIDIARIES, AND AUTHORIZED REPRESENTATIVES
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH
RESPECT TO THE PRODUCT SOFTWARE AND ANY SERVICES, EITHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,
SECURITY, COMPLETENESS, TIMELINESS, ACCURACY, QUIET ENJOYMENT,
TITLE, FREEDOM FROM COMPUTER VIRUSES, AND OF NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. NEITHER EATON, NOR ANY OF ITS AFFILIATES OR
SUBSIDIARIES, WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED
IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR
PROVIDED BY, THE PRODUCT SOFTWARE WILL MEET AUTHORIZED PARTY’S
REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT SOFTWARE OR
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR
THAT DEFECTS OR ERRORS IN THE PRODUCT SOFTWARE OR SERVICES WILL
BE CORRECTED, OR THAT THE PRODUCT SOFTWARE WILL BE COMPATIBLE
WITH ANY