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Appendix P: End user license agreement (EULA)
DPCT IOM InsTruCTIOn OPeraTIOn Manual
MN124018EN January 2023 www.eaton.com
“Support Services”
has the meaning defined in Clause 12.1;
“Third Party Licensors”
has the meaning as defined in Clause 9.1;
“Third Party Links and Ads”
has the meaning as defined in Clause 23.1;
“Third-Party Providers”
has the meaning as defined in Clause 21.5;
“Updates”
has the meaning as defined in Clause 6.1.
3. Grant and scope of license
3.1 In consideration of you agreeing to abide by the terms
of this Agreement, Eaton hereby grants to you, a limited,
non-exclusive, non-transferable, non-sub-licensable,
and revocable license to access and use the Product
Software with the Eaton Hardware, which is provided to
you for your own internal business purposes, solely for
your use as permitted in these terms.
3.2 Subject to the limited rights expressly granted above,
Eaton and its licensors or suppliers reserve all right,
title and interest in and to the Product Software, its
underlying technology and all Intellectual Property
Rights therein. You acknowledge that no licenses or
rights are granted to you by implication or otherwise
in respect of the Product Software, other than those
expressly set forth in this Agreement. You agree not to
remove, change or obscure any Intellectual Property
Rights notices incorporated in or accompanying the
Product Software. You agree to abide by all applicable
national and international laws in connection with the
use of the Product Software, including those related
to cybersecurity and piracy, data protection, privacy,
international communications and the transmission of
technical or personal data.
3.3 Eaton may make services available to you that
are provided, in whole or in part, by other parties.
Although Eaton may offer this opportunity, you
acknowledge that any third-party services that
you use in connection with the Product Software
are not part of the Product Software. You further
acknowledge that these terms do not apply to any
third-party service providers and that your use of
those services may require you to agree to additional
terms with the third-party service provider.
3.4 You shall as soon as reasonably practicable notify
Eaton in writing by email or by phone to the relevant
contact information provided in the “contact us”
section below if you become aware of any use of
the Product Software other than in accordance with
this Agreement and all applicable laws, rules and
regulations. Without limiting the generality of the
foregoing, you shall promptly notify Eaton if you
become aware of any third party that does or attempts
to: (i) de-compile or reverse engineer the Product
Software; (ii) sell, re-license, distribute or commercially
exploit the Product Software; (iii) except as expressly
permitted by this Agreement, make the Product
Software available through any means or media
without the prior written approval of Eaton; (iv) except
as expressly permitted by this Agreement, copy,
modify, publish, transmit, participate in the license
or re-license, transfer or sale of, reproduce, create
derivative works from, distribute, perform, display or
in any way exploit the Product Software, in whole or in
part, without the prior written consent of Eaton; and (v)
engage in any activity that interferes with or disrupts
the Product Software (or the servers and networks
connected to the Product Software).
3.5 You shall not make more than one (1) copy of the
Product Software and such copy is to be made solely
for backup and/or archival purposes. You shall account
for and number any such copy. All titles, trademarks,
copyright and restricted rights or proprietary notices
included in the Product Software shall not be removed
and must be reproduced in such copy.
3.6 You shall not make more than one (1) copy of the
Documentation for use by you in connection with
the authorized use of the Product Software and you
shall account for and number any such copy. All
titles, trademarks, copyright and restricted rights or
proprietary notices included in the Documentation shall
not be removed and must be reproduced in such copy.
3.7 You may be required to register to use the Product
Software. If so, you must have a valid account with
a username and password (“
Credentials
”). You
may register for such Credentials at the direction(s)
provided with the Product Software or by an authorized
Eaton representative. The date of registration shall
be the Effective Date of this Agreement. You are
responsible for maintaining the confidentiality of your
Credentials, and for ensuring that each password
is only used by employees granted access to the
Product Software on your behalf. You are liable for all
transactions and other activities carried out under your
Credentials. You agree to promptly notify Eaton if any
password is lost, stolen, disclosed to an unauthorized
party, or otherwise may have been compromised. You
agree to immediately notify Eaton of any unauthorized
use of your account or any other breach of security in
relation to the Product Software known to you. Eaton
shall have no liability for any loss or damage arising
from your failure to comply with these requirements
or any other losses arising from such unauthorized
access. 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.
