Eaton Remote Power Panel, User Manual

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Licensors’ license agreements. Licensee will not modify, delete, or obfuscate any copyright or other proprietary rights notices
of Third Party Licensors contained in the Firmware.
5.11 Indemnity . Licensee shall defend, indemnify and hold Eaton and its officers, directors, employees, and agents harmless
from and against all losses, damages, liabilities, claims, actions, and associated costs and expenses (including reasonable
attorneys’ fees and expenses) by reason of injury or death to any person or damage to any tangible or intangible property
arising or resulting from the negligence or willful misconduct of the Licensee, its employees, contractors, or agents, in
connection with Licensee’s use of Firmware and Documentation. Licensee shall be responsible for any breach of this
Agreement by its officers, directors, employees, contractors, or agents. Licensee shall defend, indemnify, and hold Eaton and
its officers, directors, employees, and agents harmless from and against any and all losses, damages, liabilities, claims, actions,
and associated costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any
breach of this Agreement.
5.12 Open Source Software . The Firmware may contain certain components owned by Eaton that are provided with,
incorporated into, linked to, or embedded in the Firmware that are subject to third party open source licenses (“Eaton Open
Source Components”). Eaton OpenSource Components are subject to the open source licenses corresponding to the particular
software component. To the extent there are any conflicts between the terms of this Agreement and any open source license
corresponding to Eaton Open Source Components or additional obligations by such open sources license that are not set forth
in this Agreement, the terms of the open source license will control.
5.13 Confidentiality . Licensee acknowledges that confidential aspects of the Firmware (including any proprietary source code)
are a trade secret of Eaton, the disclosure of which would cause substantial harm to Eaton that could not be remedied by the
payment of damages alone and such confidential aspects of the Firmware shall not be disclosed to third parties without the
prior written consent of Eaton. Accordingly, Eaton will be entitled to preliminary and permanent injunctive and other equitable
relief for any breach of this Section 5.13.
5.14 Note on JAVA Support. The Firmware may contain support for programs written in JAVA. JAVA technology is not fault
tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or
communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of JAVA
technology could lead directly to death, personal injury, or severe physical or environmental damage. EATON DISCLAIMS ALL
DAMAGES INCLUDING DIRECT, INDIRECT AND CONSEQUENTIAL DAMAGES RELATING TO THE FAILURE OF ANY
SOFTWARE INCLUDING JAVA PROGRAMS AND/OR JAVA TECHNOLOGY.
5.15 Governing Law . This Agreement will be interpreted and enforced in accordance with the laws of Ireland, without regard
to choice of law principles. Any claim or suit with respect to this Agreement shall be brought in the Courts of Ireland, unless
mandatory law imposes otherwise.