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Appendix P: End user license agreement (EULA)
DPCT IOM InsTruCTIOn OPeraTIOn Manual
MN124018EN January 2023 www.eaton.com
Appendix P: End user license agreement (EULA)
EATON CORPORATION END USER LICENSE AGREEMENT FOR DPCT FIRE
This End User License Agreement (the “
Agreement
”) is a legal agreement between you and the Contracting Entity (as
defined below). For the purposes of this Agreement, any reference to “Eaton” shall include the Contracting Entity, its holding
company, its affiliates and subsidiaries. This Agreement, and any other terms or conditions notified to you, governs your
access to and use of DPCT Fire (the “
Product Software
”).
Your use of the Product Software is subject to the terms of this Agreement as set out below and any other terms or
conditions of the Product Software which may be notified to you from time to time.
By using the Product Software, you agree to us collecting and using anonymised technical information about the devices
you use the Product Software on and related software, hardware and peripherals to improve our products and to provide any
services to you.
By using the Product Software, you agree to the terms of this Agreement. Your right to use the Product Software is expressly
conditioned on acceptance of this Agreement.
1. Information about us
1.1 Eaton Industries (Canada) Company is registered in Canada and has its registered address at 5050 Mainway Burlington,
ON L71 5Z1 Canada (the “
Contracting Entity
”).
1.2 If you have any questions about this Agreement or any other terms or conditions in connection with the Product
Software, please contact us at [email protected].
2. Definitions
2.1 In this Agreement the following expressions shall have the following meanings:
“Arbitrator”
has the meaning as defined in Clause 28.2;
“Business Day”
means a calendar day other than a Saturday, Sunday, Bank Holiday or other statutory holiday in the
jurisdiction in which the Contracting Entity is registered;
“Contracting Entity”
has the meaning as defined in Clause 1.1;
“Credentials”
has the meaning as defined in Clause 3.7;
“Dispute”
means any claim, dispute or difference arising under or in connection with this Agreement;
“Documentation”
means any tutorials, user guides and other documents accompanying or made available with the Product
Software solely for your own internal business purposes;
“Eaton Hardware”
means the Eaton product provided by Eaton to you, which may include Product Software within it;
“Eaton Open-Source Components”
has the meaning as defined in Clause 10.1;
“Eaton Website”
has the meaning as defined in Clause 16.1;
“Effective Date”
means the date upon which you agree to abide by the terms and conditions of this Agreement;
“Export Laws”
has the meaning as defined in Clause 27.1;
“Fees”
has the meaning as defined in Clause 11.1;
“Feedback”
has the meaning as defined in Clause 21.2;
“Force Majeure Event”
has the meaning as defined in Clause 25.1;
“GDPR”
has the meaning as defined in Clause 19.1;
“Indemnified Parties”
has the meaning as defined in Clause 15.1;
“Intellectual Property Rights”
means any ideas (whether or not patentable), inventions, discoveries, processes, works of authorship,
marks, names, know-how, and any and all rights in such materials throughout the world, whether existing
under statute, common law or equity, now or hereinafter recognized, including but not limited to (i) patents,
designs, inventor’s certificates, utility models, copyrights, moral rights, trade secrets, mask works, trade
names and marks, service marks, trade dress, domain names, confidential information and know-how; (ii) any
application or right to apply for any of the rights referred to in section (i); and (iii) all renewals, extensions,
and restorations, now or hereafter in force and effect for any of the rights referred to in section (i);
“Materials”
has the meaning as defined in Clause 21.4;
“Product Software”
means the software provided by Eaton to you, which includes any applications, firmware and/or platforms
provided to you from time to time;
