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INM 9475-ETG Rev 1
Authorized Party to Eaton is provided on a non-proprietary and non-confidential basis,
regardless of whether the information or content is marked or otherwise identified as
confidential or proprietary. The Authorized Party agrees that Eaton has a royalty-free,
perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform,
and display any provided information or content for the purpose of operating and/
or marketing the Services or any related services rendered by Eaton. This license
includes any right of publicity rights that may be present in the provided information or
content.
Intellectual Property.
Other than the exceptions referenced in this Agreement and
noted elsewhere, all content provided through the Product Software is the sole and
exclusive property of Eaton including, but not limited to, all trade names, service marks,
trademarks, logos, text, data, documents, messages, pictures, images, video, audio,
graphics, links, software and its underlying code, domain names, or other electronic
files (referred to hereafter as “
Eaton Content
”).
Certain elements of the Product Software including, but not limited to, text, graphics,
photos, images, video, audio, color selections, organization and layout, are copyright
protected under United States and international copyright laws. Any Eaton Content
protected by intellectual property laws may not be copied, republished, posted,
modified, edited, transmitted, distributed, used to create derivative works of, or reverse
engineered without Eaton’s written permission. No information, data, documents,
or records found through the Product Software shall be made available as part of
a website, app or online location, whether by hyperlink, framing on the internet or
otherwise, without the express written consent of Eaton.
The Authorized Party acknowledges that the Authorized Party has no right, title or
interest in or to the Product Software and/or any Eaton Content. EATON and MTL947x
are trade names and/or marks owned exclusively by Eaton. The Authorized Party shall
not use any trade names or marks that are confusingly similar in Eaton’s sole opinion
without the prior written consent of Eaton, which may be withheld in its sole discretion.
Nothing in this Agreement and nothing found through the Product Software shall be
construed as a license to use any of Eaton’s trademarks, patents, copyrights, or other
intellectual property rights.
There may be other content located in the Product Software that is not owned by
Eaton, and the Authorized Party should respect those property rights as well. All rights
not expressly granted herein are reserved to Eaton.
Termination or Suspension.
This Agreement is effective for an unlimited duration
unless and until terminated as set forth herein. All rights under the license granted
shall terminate automatically without notice from Eaton for failure to comply with
any terms or conditions of this Agreement. Upon termination of this Agreement, the
Authorized Party shall cease all use of the Product Software, and destroy all copies,
full or partial, thereof. Any provision of this Agreement which by its nature must survive
the termination of this Agreement in order to give effect to its meaning shall survive
such termination.
Miscellaneous.
If any provision hereof becomes or is declared by a court of competent
jurisdiction to be illegal, unenforceable, or void, this Agreement will continue in full
force and effect without said provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. No failure or delay by
Eaton or its affiliates to exercise any right or enforce any obligation shall impair or be
construed as a waiver or ongoing waiver of that
