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INM 9475-ETG Rev 1
SYSTEM, OR THAT THE PRODUCT SOFTWARE WILL BE FREE FROM WORMS,
VIRUSES, MALWARE, TROJAN HORSES, OR OTHER HARMFUL OR DISABLING
COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY EATON, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE
AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. AUTHORIZED
PARTY ASSUMES THE ENTIRE COST OF ANY AND ALL NECESSARY REPAIRS
IN THE EVENT AUTHORIZED PARTY EXPERIENCES ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THE PRODUCT SOFTWARE OR ANY RELATED
GOODS OR SERVICES. IF AUTHORIZED PARTY IS DISSATISFIED WITH THIS
AGREEMENT, THE PRODUCT SOFTWARE AND/OR ANY RELATED GOODS
OR SERVICES, AUTHORIZED PARTY’S SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE PRODUCT SOFTWARE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO AUTHORIZED PARTY.
Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL
EATON OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES
AGENTS, LICENSORS, AUTHORIZED REPRESENTATIVES, ATTORNEYS AND/
OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION, OR TRANSMISSION OF THE PRODUCT SOFTWARE, BE LIABLE
FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING, BUT
NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY,
PUNITIVE, ACTUAL, LIQUIDATED, EXEMPLARY, CONSEQUENTIAL OR OTHER
DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PRODUCTION, LOSS
OF GOODWILL, INTELLECTUAL PROPERTY INFRINGEMENT, BUSINESS
INTERRUPTION OR LOSS OF USE, PAIN AND SUFFERING, EMOTIONAL DISTRESS
OR SIMILAR DAMAGES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO AUTHORIZED PARTY’S USE OR INABILITY
TO USE THE PRODUCT SOFTWARE, HOWEVER CAUSED, REGARDLESS OF
THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN
IF EATON OR THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF EATON OR THE AFOREMENTIONED PARTIES, REGARDLESS
OF THE TYPE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE,
EXCEED THE GREATER OF $100.00 OR THE AMOUNT THE AUTHORIZED
PARTY PAID TO EATON AND/OR THE AFOREMENTIONED PARTIES FOR THE
APPLICABLE GOODS OR SERVICES OUT OF WHICH THE LIABILITY AROSE.
Indemnification.
Authorized Party agrees 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 (
“Indemnified Parties”
) from and against any and all
claims, demands, actions, liabilities, judgments, awards, losses, damages, costs and
expenses (including reasonable attorneys' 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 Authorized Party’s: (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