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Appendix P: End user license agreement (EULA)
DPCT IOM InsTruCTIOn OPeraTIOn Manual
MN124018EN January 2023 www.eaton.com
xxix. Use reasonable endeavours to prevent any
unauthorized access to, or use of, the Product
Software and, in the event of any such unauthorized
access or use, immediately without delay notify
Eaton in writing by email or by phone to the relevant
contact information provided in the “contact us”
section below.
8.2 By breaching Clause 8.1 of this Agreement, you could
potentially commit a criminal offence. We will report
any such breach to the relevant law enforcement
authorities, and we will co-operate with those
authorities by disclosing your identity to them. In the
event of such a breach, your right to use the Product
Software will cease immediately.
8.3 We will not be liable for any loss or damage caused
by a distributed denial of service attack, viruses or
other technologically harmful material that may infect
your computer equipment, computer programs, data
or other proprietary material due to your use of the
Product Software or to your downloading of any
material posted on it, or any website linked to it.
9. Third party software
10. Open-source software
11. Fees
12. Support services
12.1 Eaton or its suppliers and distributors may, in their sole
discretion, provide you with support services related
to the Product Software (the “
Support Services
”).
Use of Support Services is governed by the terms
and conditions for the applicable service offering (if
any), the policies and programmes described in the
Documentation, and/or other Eaton-provided Materials.
12.2 Any additional supplemental Materials provided to you
as part of the Support Services shall be considered
part of the Product Software, as applicable, and
subject to the provisions of this Agreement.
13. Disclaimer of warranty
13.1 To the extent permitted by applicable law, you
expressly acknowledge and agree that use of the
product software is at your sole risk and that the entire
risk as to satisfactory quality, performance, accuracy
and effort of the product software is with you.
13.2 To the fullest extent permitted by applicable law, the
Product Software, the Material and any information
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
your 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 system,
or that the product software will be free from worms,
viruses, malware, Trojan horses, or other harmful or
disabling components.
13.3 No oral or written information or advice given by Eaton,
its affiliates, subsidiaries, or any of their respective
authorized representatives shall create a warranty. You
assume the entire cost of any and all necessary repairs
in the event you experience any loss or damage arising
from the use of the product software or any related
goods or services. If you are dissatisfied with the
product software and/or any related goods or services,
your sole and exclusive remedy is to discontinue using
the product software.
14. Limitation of liability
14.1 Nothing in this agreement shall exclude or limit
Eaton’s liability for death or personal injury resulting
from its negligence or of its officers, representatives,
agents, affiliates, employees or any other liability
which may not be limited or excluded under
applicable law. In no event shall Eaton nor any of
its officers or other representatives be liable for any
loss or damages arising out of or in connection with
your use, inability to use or reliance on any facilities,
services, products and/or content offered through or
from the product software, including, but not limited
to, direct loss, loss of data, work stoppage, service
interruption, computer failure, system failure, device
damage or malfunction, loss of income, profit or
opportunity, loss of or damage to property and claims
of third parties or for any indirect or consequential
loss whatsoever, even if Eaton has been advised of
the possibility of such loss or damages, or such loss
or damages were reasonably foreseeable.
