Eaton xStorage 400, Installation And Operation Manual

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Eaton xStorage 400 Installation and Operation Manual P-164001032—Rev 01 69
not accept any amendments, modifications, updates or substitution of any of the provisions of this Agreement and in
such an event you must cease all access and use of the Product Software immediately. By continuing to use the
Product Software after Eaton posts or otherwise notifies you of any changes, you accept and agree to the terms and
conditions, as modified.
17
FOR AUTHORIZED PARTIES IN CALIFORNIA
17.1
In compliance with California Civil Code §1789.3, if you reside in California you have the right to contact Eaton with any
complaints or to seek additional information. You may email Eaton at dataprotection@eaton.com.
17.2
If you reside in California and have any questions or complaints about the use of the Eaton provided Product Software
you may also contact: The Complaint Assistance Unit of the Division of Consumer Services of the California Department
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. For further
details, please visit
https://www.dca.ca.gov/about_us/contactus.shtml .
17.3 You acknowledge and agree that this Clause 17 shall only apply to you if you are resident in California.
18 ENFORCEMENT RIGHTS
18.1 Eaton are not obligated to monitor the access or use of the Product Software, but Eaton reserves the right to do so for
the purpose of operating the Product Software, to ensure compliance with these terms, and to comply with applicable
law or other legal requirements. Eaton may consult with and disclose unlawful conduct to law enforcement authorities;
and pursuant to valid legal process, Eaton may cooperate with law enforcement authorities as part of an investigation
and/or to prosecute users who violate the law. In addition to any of its other rights or remedies, Eaton reserves the
right to suspend or terminate your access to all or a portion of your Product Software account, without any liability, if
Eaton reasonably suspects that your use of the Product Software is harming or threatening to harm Eaton’s systems, or
in Eaton’s reasonable opinion you have violated your responsibilities. Eaton reserves the right to investigate any
violation of these terms and any conduct that affects the Product Software.
19 DATA PROTECTION
19.1 For the purposes of this Clause, personal data, data processor and data controller shall have the meanings given to
them in the General Data Protection Regulation (the “
GDPR ”). You agree to comply with your obligations as a
controller in respect to any processing of personal data and Eaton agrees to comply with its respective obligations
under GDPR.
19.2 Eaton is the data controller in relation to any personal data which you have provided to it in order to receive its
services. For information on the use of any personal data which you have provided to Eaton please see at
https://www.
eaton.com/us/en-us/company/policies-and-statements/privacy-cookies-and-data-protection.html/ .
19.3
Eaton will at all times take all appropriate technical and organisational measures against unauthorized or unlawful
processing of personal data and against accidental loss or destruction of, or damage to, personal data. Although Eaton
has undertaken these measures and the requirements set out in GDPR, Eaton cannot guarantee that your personal data
is secure when it is sent or transferred by unsecured means.
20 CONFIDENTIAL INFORMATION
20.1 All information provided via the Product Software is Eaton’s confidential information. You agree to protect Eaton’s
confidential information, using the same degree of care used to protect your own confidential or proprietary
information, but in any case, using no less than a reasonable degree of care.
20.2 You agree to only use Eaton’s confidential information for the purposes of obtaining the benefit set out in this
Agreement and for no other purpose. You agree not to 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 restrictive as the obligations in this
Agreement. You agree not to otherwise disclose such information to any Third-Party without the prior written consent
of Eaton. You shall be liable to Eaton for any breach of the confidentiality obligations in this Clause 20 of this
Agreement by your employees.
Eaton Corporation End User License Agreement for the xStorage 400