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DMAN-4077-01 R01
END-USER LICENSE AGREEMENT
Last Revised Date: Oct 7, 2019
Eaton DBA Cooper Indutries (Electrical) Inc (“EATON”) owns and develops the TD110 product internal software (“Product Software”). The following End-User License Agreement (“Agreement”) gov-
erns the use of this Product Software. Other sites, content or online services owned or controlled by Eaton have their own terms of use/end-user license agreement and should be reviewed. Eaton
licenses the use of the Product Software to you subject to the terms of this Agreement. [The following Privacy Policy also applies to your use of the Product Software:
IMPORTANT, PLEASE READ THIS AGREEMENT BEFORE REGISTERING, ACCESSING OR USING THE PRODUCT SOFTWARE. THIS AGREEMENT IS A BINDING LEGAL CONTRACT BE-
TWEEN YOU (IF REGISTERING AS AN INDIVIDUAL) AND/OR THE ENTITY YOU REPRESENT (IF REGISTERING AS A BUSINESS) (“YOU” OR “YOUR”) AND EATON, TOGETHER WITH ITS
AFFILIATES, ENTITIES, AND SUBSIDIARIES. BY THE PRODUCT SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. YOUR RIGHT TO USE THE PRODUCT SOFT-
WARE IS LIMITED BY APPLICABLE LAWS IN ITS JURISDICTION.
IF YOU DO NOT ACCEPT THE TERMS IN THIS AGREEMENT, DO NOT REGISTER, ACCESS OR USE THE PRODUCT SOFTWARE IN ANY WAY.
License. Subject to the terms and conditions of this Agreement, Eaton grants to you a limited, non-transferable, non-sublicensable, non-assignable, non-exclusive and revocable license to access and use the
Product Software in conjunction with the operation of Eaton products to which the Product Software pertains or other products as described by Eaton in any user guides and manuals for access to and use of the
Product Software (“Documentation”) solely for your own use and only in a manner that is consistent with the terms of this Agreement (“License”). In the event Eaton requires you to register as an end-
user, this license is valid only if the registration is complete and accurate.
Restrictions. You are not allowed to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product Software, or any updates or
upgrades, or any part thereof. You may not use any part of the Product Software to create any independent data files, databases, compendiums or any other reference materials. If you breach these
restrictions, you may be subject to prosecution and damages. The Product Software is intended for adults, and by accessing the Product Software, you represent that you are a legal adult.
Prohibited Conduct. In connection with your access to and/or use of the Product Software, you agree not to:
Violate any laws or regulations.
Make attempts to defeat or circumvent security features, or to use the Product Software for any purpose other than its intended purposes.
Engage in any behavior that is designed to gain unauthorized access to protected areas of the Product Software and/or Eaton’s computers, servers or networks, and/or any computers or sys-
tems used by other users of the Product Software.
Make unauthorized attempts to modify any information stored in the Product Software.
Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Product Software.
Provide false or misleading information when signing up for a Product Software account or otherwise upload/post any false or misleading information or content through the Product Software.
Upload/post anything that could destroy, damage, or impair any portion of the Product Software or any computers, systems, hardware, or software used by Eaton or other users.
Upload/post anything that imposes an unreasonable strain on Eaton’s network or computer infrastructure.
Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.
The previous list of prohibitions is not exclusive or exhaustive.
Updates. Eaton may update or upgrade the Product Software at any time.functions of the Product Software may be modified or discontinued as a result of any such updates or upgrades. Ifelects
tomaintenancesupport of any kind, Eaton may terminate that maintenancesupport at anywithout notice to you. The terms and conditions of this Agreement shall govern any upgrades or updates provid-
ed by Eaton that replace and/or supplement the original Product Software, unless such upgrade is accompanied by, or references, a separate license agreement in which case the terms of that license
agreement shall govern.
Events Outside of Eaton’s Control. Eaton will not be liable or responsible for any failure to perform, or delay in performance of, any of Eaton’s obligations under this Agreement that is caused by any act
or event beyond Eaton’s reasonable control, including but not limited to, acts of God, failure of public or private telecommunications networks, changes in law or regulation, or any other force majeure
event or circumstance, whether or not foreseeable.
Proprietary Rights. Eaton owns all rights, title and interest in, and to, without limitation, all intellectual and proprietary rights of any and all featured products or parts, including, but not limited to, any
models, data, or formulas exhibited in the Product Software excluding any Open Source Software as defined below that may be contained herein. Except for the limited license granted to you herein,
nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect Eaton’s ownership or proprietary rights therein or any other of Eaton’s
information, processes, methodologies, products, goods, services,materials, tangible or intangible, in any form and in any medium.
Open Source. Certain items of software included with the Product Software may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is
owned by third parties. The Open Source Software is not subject to the terms and conditions of this License. Instead, each item of Open Source Software is licensed under the terms and conditions
accompanying such Open Source Software. Nothing in this Agreement limits your rights under or grants you rights that supersede the terms and conditions of any applicable end user license for the
Open Source Software. To the extent there are any conflicts between the terms of this Agreement and any Open Source Software license corresponding to the open source component(s) of the soft-
ware included with the Product Software or additional obligations by such Open Source Software license that are not set forth in this Agreement, the terms of the Open Source Software license will
control. Eaton provides the Open Source Software to you “AS IS” without any indemnities or warranties of any kind.
Fees.
Eaton may charge you fees for access to the Product Software. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing
period in which such fees and charges are incurred, including but not limited to, charges for any products or services offered for sale through the Product Software by Eaton (such fees, charges and
taxes shall collectively be referred to as “Fees”). Eaton reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
Support Services. Eaton or its suppliers and distributors may provide you with support services related to the Product Software ("Support Services"). Use of Support Services is governed by the policies
and programs described in the Documentation, and/or other Eaton-provided materials. Any 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 terms and conditions of this Agreement.
No Warranty. TO THE EXTENT PERMITTED BY 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. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE PRODUCT SOFTWARE 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, PER-
FORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE PRODUCT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT SOFT-
WARE 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. 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 EXPERI-
ENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE PRODUCT SOFTWARE OR ANY RELATED GOODS OR SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT,
THE PRODUCT SOFTWARE AND/OR ANY RELATED GOODS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT SOFTWARE. SOME JU-
RISDICTIONS 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 YOU.
