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Appendix P: End user license agreement (EULA)
DPCT IOM InsTruCTIOn OPeraTIOn Manual
MN124018EN January 2023 www.eaton.com
14.2 To the fullest extent permitted by law, Eaton, its
affiliates, suppliers, licensors, and any other party
involved in creating, producing or delivering the
product software makes no warranties, either express
or implied, about the product software. The product
software is provided “as is” and “as available”.
14.3 Except for your indemnification obligations pursuant
to Clause 15 of this agreement, in no event will the
aggregate liability (whether arising out of liability under
breach of contract, tort (including but not limited to
negligence), misrepresentation, breach of statutory
duty, breach of warranty or claims by third parties
arising from any breach of this agreement) of Eaton
or its employees or agents to you or to any third party
for damages, direct or otherwise, arising out of or in
connection with this agreement exceed the lower of
$100 (one hundred United States dollars) or the cost
of the product software, regardless of the cause or
form of action, and whether such claims are grounded
in contract, tort, strict liability or any other legal theory,
notwithstanding any failure of essential purpose of any
limited remedy.
14.4 Nothing in this agreement shall exclude or limit your
liability under Clause 11 for any failure to pay any
fees due hereunder or for any breach, misuse or
infringement of Eaton’s intellectual property rights
under Clause 21.
14.5 If you use the Product Software for commercial,
business or resale purpose we will have no liability to
you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
14.6 Each provision of this Clause 14 excluding or limiting
liability shall be construed separately, applying and
surviving even if for any reason one or the other of
these provisions is held inapplicable or unenforceable
and shall remain in force notwithstanding the
termination of this agreement, howsoever arising.
15. Indemnification
15.1 You agree to indemnify, defend, and hold harmless
Eaton, including its officers, directors, employees,
affiliates, subsidiaries, agents, licensors, authorized
representatives, attorneys, business partners, and
respective successors and assigns (the “
Indemnified
Parties
”) from and against any and all claims,
demands, actions, liabilities, judgments, awards,
losses, damages, costs and expenses (including
reasonable legal fees, costs of defense, and direct,
indirect, punitive, special, individual, consequential, or
exemplary damages), Eaton or any of the Indemnified
Parties suffer in relation to, arising from, or from the
purpose of avoiding, any claim or demand from a third
party that relates to your: (a) breach or violation of this
Agreement; (b) infringement, misappropriation or any
violation of the rights of any other party from use of
the Product Software in violation of this Agreement;
(c) violation or non-compliance with any applicable law,
rule, guidelines, acts, decrees, orders or regulations;
(d) use, alteration or export of the Product Software (or
any component thereof) in violation of this Agreement;
and (e) the use of the Product Software by you or any
person using your account.
15.2 Eaton and its affiliates reserve the right to assume the
exclusive defense and control of any claims or actions
subject to indemnification by you and all negotiations
for its settlement or compromise, and you agree
to fully cooperate with Eaton and its affiliates upon
request by Eaton.
16. Amendments to this agreement
16.1 Eaton reserves the right to amend, modify, update or
substitute any of the provisions of this Agreement at
any time. Any such amendment, modification, update or
substitution shall be provided to you via paper copy. You
have the right to withdraw from this Agreement if you do
not accept any amendments, modifications, updates or
substitution of any of the provisions of this Agreement
and in such an event you must cease all access and use
of the Product Software immediately. By continuing to
use the Product Software after Eaton posts or otherwise
notifies you of any changes, you accept and agree to the
terms and conditions, as modified.
17. For authorized parties in california
17.1 In compliance with California Civil Code §1789.3, if you
reside in California, you have the right to contact Eaton
with any complaints or to seek additional information.
You may email Eaton at [email protected].
17.2 If you reside in California and have any questions
or complaints about the use of the Eaton provided
Product Software you may also contact: The Complaint
Assistance Unit of the Division of Consumer
Services of the California Department of Consumer
Affairs through writing at 400 R Street, Suite 1080,
Sacramento, CA 95814, or by telephone at (916) 445-
1254 or (800) 952-5210. Hearing impaired persons may
call (916) 928-1227 or (800) 326-2297 via TTY device.
For further details, please visit https://www.dca.ca.gov/
about_us/contactus.shtml.
17.3 You acknowledge and agree that this Clause 17 shall
only apply to you if you are resident in California.
18. Enforcement rights
18.1 Eaton are not obligated to monitor the access or use
of the Product Software, but Eaton reserves the right
