Eaton xStorage 400, Installation And Operation Manual

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68 Eaton xStorage 400 Installation and Operation Manual P-164001032—Rev 01
14 LIMITATION OF LIABILITY
14.1 Nothing in this agreement shall exclude or limit Eaton’s liability for death or personal injury resulting from its
negligence or of its officers, representatives, agents, affiliates, employees or any other liability which may not be
limited or excluded under applicable law. In no event shall Eaton nor any of its officers or other representatives be
liable for any loss or damages arising out of or in connection with your use, inability to use or reliance on any facilities,
services, products and/or content offered through or from the product software, including, but not limited to, direct loss,
loss of data, work stoppage, service interruption, computer failure, system failure, device damage or malfunction, loss
of income, profit or opportunity, loss of or damage to property and claims of third parties or for any indirect or
consequential loss whatsoever, even if Eaton has been advised of the possibility of such loss or damages, or such loss
or damages were reasonably foreseeable.
14.2 To the fullest extent permitted by law, Eaton, its affiliates, suppliers, licensors, and any other party involved in creating,
producing or delivering the product software makes no warranties, either express or implied, about the product
software. The product software is provided "as is” and “as available”.
14.3 Except for your indemnification obligations pursuant to Clause 15 of this agreement, in no event will the aggregate
liability (whether arising out of liability under breach of contract, tort (including but not limited to negligence),
misrepresentation, breach of statutory duty, breach of warranty or claims by third parties arising from any breach of
this agreement) of Eaton or its employees or agents to you or to any Third-Party for damages, direct or otherwise,
arising out of or in connection with this agreement exceed the lower of $100 (one hundred United States dollars) or the
cost of the product software, regardless of the cause or form of action, and whether such claims are grounded in
contract, tort, strict liability or any other legal theory, notwithstanding any failure of essential purpose of any limited
remedy.
14.4
Nothing in this agreement shall exclude or limit your liability under Clause 11 for any failure to pay any fees due
hereunder or for any breach, misuse or infringement of Eaton’s intellectual property rights under Clause 21.
14.5
If you use the Product Software for commercial, business or resale purpose we will have no liability to you for any loss
of profit, loss of business, business interruption, or loss of business opportunity.
14.6
Each provision of this Clause 14 excluding or limiting liability shall be construed separately, applying and surviving even
if for any reason one or the other of these provisions is held inapplicable or unenforceable and shall remain in force
notwithstanding the termination of this agreement, howsoever arising.
15 INDEMNIFICATION
15.1 You agree 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 (the “
Indemnified Parties ”) from and against any and all claims, demands, actions, liabilities, judgments,
awards, losses, damages, costs and expenses (including reasonable legal 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.
15.2 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.
16 AMENDMENTS TO THIS AGREEMENT
16.1 Eaton reserves the right to amend, modify, update or substitute any of the provisions of this Agreement at any time.
Any such amendment, modification, update or substitution shall be notified to you either by email or when you next
login to your Product Software account, as appropriate. You have the right to withdraw from this Agreement if you do
Eaton Corporation End User License Agreement for the xStorage 400