Eaton xStorage 400, Installation And Operation Manual

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Eaton xStorage 400 Installation and Operation Manual P-164001032—Rev 01 71
22.3 For the avoidance of doubt, any wilful unauthorized use, copying, modification, reverse engineering, disclosure,
distribution or sublicensing of the Intellectual Property Rights in the Product Software or any related methods,
algorithms, techniques or processes by you, your employees, agents, representatives, officers or directors will be
deemed a material breach of this Agreement that cannot be cured, and termination may be immediate.
22.4 Upon termination for any reason:
(i)
all rights and licenses granted to you under this Agreement shall cease;
(ii) you must cease all activities authorized by this Agreement, including your use of the Product Software;
(iii) you must immediately delete, remove and cease access to the Product Software from all devices on which
the Product Software has been installed and all copies of the Product Software then in your possession,
custody or control. Eaton may also require that you provide it with evidence of compliance with this
provision;
(iv) you must immediately return or destroy all confidential information of Eaton in your possession, provided
that you shall not be required to delete Eaton’s confidential information that is and remains stored solely
on backup storage pursuant to your standard backup retention procedures if only persons of advanced
information technology knowledge and ability would be able to locate and access such information (but
such information shall nonetheless remain subject to confidentiality obligations contained herein);
(v) we may remotely access your devices and remove the Product Software from them and cease providing
you with access to the Product Software.
23
LINKS
23.1
The Product Software may contain links to Third-Party websites, services and/or display advertisements for third
parties (together, “
Third-Party Links and Ads ”). Such Third-Party Links and Ads are not under Eaton’s control. Eaton
disclaims all liability and responsibility for any Third-Party Links and Ads and you acknowledge and agree that Eaton is
not responsible or liable for: (a) the availability or accuracy of such Third-Party Links and Ads; or (b) the contents,
products or services on or available from such Third-Party Links and Ads. Your use of Third-Party Links and Ads is at
your own risk and is subject to the terms and conditions of the applicable Third-Party. Eaton provides Third-Party Links
and Ads for your convenience and does not review, approve, monitor, endorse, warrant, or make any representations
with respect to Third-Party Links and Ads. You will need to make your own independent judgement about whether to
use any such independent sites, including whether to buy any products or services offered by them.
24
REPRESENTATIONS, WARRANTIES, COVENANTS AND DISCLAIMERS
24.1
You undertake, represent and warrant that:
(i) you shall comply, at your own expense, with all applicable present or future laws, statutes, instruments,
regulations, orders, directives, enactments, including any amendment, extension or replacement thereof
which is in force from time to time and which in any way relates to this Agreement and/or the provision
of the Product Software or results from your obligations under this Agreement. Without limiting the
foregoing, you shall comply with all contracting and procurement regulations associated with the Product
Software;
(ii)
you have full power and authority to enter into this Agreement;
(iii) you shall conduct your business in a manner that reflects favourably at all times on the Product Software
and the name and goodwill of Eaton;
(iv) you shall make no representations, warranties, or guarantees on behalf of Eaton;
(v) you shall from refrain from amending or varying this Agreement.
24.2 Eaton makes no representations or warranties of any kind regarding the Product Software, the Material, information or
any other matter, either express or implied, including, but not limited to implied warranties of fitness for a particular
purposes, merchantability, title, accuracy/freedom from error, non-infringement or otherwise. You are not authorized to
make any warranty commitment on Eaton’s behalf, whether written or oral. You understand that the Product Software
Eaton Corporation End User License Agreement for the xStorage 400