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www.eaton.com/wireless
call toll free: 1-800-663-8806
DMAN-4077-01 R01
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EATON OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES AGENTS, LICENSORS, REPRE-
SENTATIVES, 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, EXEM-
PLARY, 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 YOUR 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. You agree to indemnify, defend, and hold harmless Eaton, including its officers, directors, employees, affiliates, subsidiaries, agents, licensors, 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 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. 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.
By accepting this Agreement, you waive and hold harmless Eaton from any claims resulting from any action taken by Eaton during or as a result of Eaton’s investigation and/or from any actions taken
as a consequence of investigations by either Eaton or law enforcement related to your use of the Product Software.
Amendments to this Agreement. Eaton may modify, add or remove any of the terms and conditions of this Agreement at its sole discretion at any time without prior notice. Your continued use of the
Product Software after such modifications are made to the Agreement will mean that you accept and agree to be bound by and comply with such changes and updates.
For Authorized Parties in California. In compliance with California Civil Code § 1789.3, an Authorized Party residing in California has the right to contact Eaton with any complaints or to seek addition-
al information. Such Authorized Party may email Eaton at
or write to: Attn: Global Data Protection and Privacy Office, Eaton, 1000 Eaton Blvd., Cleveland, OH 44122.
If Authorized Parties in California have any questions or complaints about Eaton they may also contact: The Complaint Assistance Unit of the Division of Consumer Services of the California Depart-
ment 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.
Confidential Information. All information provided in Product Software is Eaton’s confidential information. You agree that you will not use or disclose Eaton’s confidential information without the prior
written consent of Eaton, except to share it with your employees who have a need to know the information and are bound by a duty of confidentiality covering the information that is at least as restric-
tive as the obligations in this Agreement.
Except for personally identifiable information, the use and disclosure of which is addressed in the Privacy Policy for the Product Software, any and all information and content provided by you 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. You agree 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.
You acknowledge that you have no right, title or interest in or to the Product Software and/or any Eaton Content. EATON and Trusted Wireless are trade names and/or marks owned exclusively by
Eaton. You 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 you 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. Eaton reserves the right to terminate your access to the Product
Software for any violation of this Agreement, and in those circumstances, all rights under the license granted shall terminate automatically without notice from Eaton. If Eaton suspends or terminates
your account under this Agreement, you acknowledge that all information and content associated with such account will no longer be available to you. Upon termination of this Agreement, you 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 obliga-
tion shall impair or be construed as a waiver or ongoing waiver of that or any other right or power. Waiving one breach will not be construed to waive any succeeding breach. All waivers must be in
writing and signed by the party waiving rights. No provisions in purchase orders, or in any other business forms employed by you, will supersede the terms and conditions of this Agreement.
Export Rules and U.S. Government Restricted Rights. You agree not to provide access to or use of the Product Software to any citizen of a country to which access or use thereof is barred, or to
which exports or shipments are barred, or to anyone on the U.S. Treasury Department’s list of Specially Designated National or the U.S. Department of Commerce Denied Person’s List or Entity List
or any other restricted parties lists by the United States government. Further, you will not shop, transfer or export the Product Software into any country or use the Product Software in any manner
prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Product Software is identified as export
controlled items under the Export Laws, you represent and warrant that you are not a citizen of, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the
Export Laws from receiving access to or using the Product Software. All rights to access and use of the Product Software are granted on condition that such rights are forfeited if you fail to comply with
the terms of this Agreement.
If the Software is licensed to agencies of the U.S. Government, the Software is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and
"commercial computer software documentation", as such terms are used in 48 C.F.R. § 12.212, and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. §
12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Software with only those rights set forth herein. Contractor/manufacturer is Eaton Corporation,
1000 Eaton Boulevard, Cleveland, Ohio 44122.
Compliance with License and Laws. You shall comply with all federal, state, local and foreign laws, regulations, rules and ordinances pertaining to the license granted to you under this Agreement. If
any part of this Agreement is determined to violate any applicable federal, state, local or foreign laws, rules or regulations, then the remaining provisions of this Agreement shall remain in full force and
effect and shall be enforced to fullest extent permitted by law.
Governing Law and Interpretation. To the extent not prohibited by law, you agree that this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed
by, and construed in accordance with, the substantive law of the State of Ohio applicable to contracts wholly made and to be performed within the State of Ohio, and to irrevocably submit to the sole
and exclusive jurisdiction of the courts of Ohio or the Federal courts of the Northern District of Ohio, and to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any
right to plead, claim or allege that Ohio is an inconvenient forum.
Agreement. This Agreement constitutes the entire agreement between you and Eaton regarding the use of the Product Software and supersedes any prior or contemporaneous understandings and
agreements between you and Eaton related to its subject matter.
If you have any questions regarding this Agreement, you may contact Eaton at:
Eaton
Attn: Law Department
1000 Eaton Boulevard
Mail Code 4N
Cleveland, OH 44122
Email: [email protected]
Eaton
Attn: Global Data Protection and Privacy Office
1000 Eaton Boulevard
Cleveland, OH 44122
Email:
