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Appendix P: End user license agreement (EULA)
DPCT IOM InsTruCTIOn OPeraTIOn Manual
MN124018EN January 2023 www.eaton.com
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
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.
20.3 Except for personally identifiable information/personal
data, the use and disclosure of which is addressed
in the Privacy Statement for the Product Software,
any and all information and content provided by
you to Eaton is provided on a non-proprietary and
non-confidential basis, regardless of whether the
information or content is marked or otherwise
identified as confidential or proprietary. You agree
that Eaton has a royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display
any provided information or content for the purpose of
operating and/or marketing the services or any related
services rendered by Eaton. This license includes any
right of publicity rights that may be present in the
provided information or content.
20.4 The provisions of this Clause 20 shall survive the
expiration or termination of this Agreement.
21. Intellectual property ownership
21.1 This Agreement does not transfer any Intellectual
Property Rights from Eaton to you. Except for the
express licenses granted herein, all right, title and
interest (including Intellectual Property Rights) in
and to any intellectual property owned, created or
independently developed by Eaton, including, but not
limited to, the Product Software and any derivative work,
customisation, modification or enhancement thereof
(including all Intellectual Property Rights in any of the
foregoing), whether developed prior to, during, or after
this Agreement, will remain solely with Eaton and its
licensors. Eaton grants no implied licenses hereunder.
21.2 You may provide suggestions, comments or other
feedback (“
Feedback
”) relating to the Product
Software. Your Feedback, even if designated as
confidential, shall not, absent a separate written
agreement, create any confidentiality obligation for
Eaton. Eaton shall be free to use, disclose, reproduce,
license or otherwise distribute and exploit such
Feedback as it sees fit, entirely without obligation
or restriction of any kind on account of intellectual
property rights or otherwise.
21.3 You may print off one copy, and may download
extracts, of any page(s) of the Materials solely for
internal business purposes only. Any paper or digital
copies of any Materials which you have printed off or
downloaded in any way must not be modified, and you
must not use any illustrations, photographs, video or
audio sequences or any graphics separately from any
accompanying text.
21.4 The content on the Product Software, including
all information, text, graphics, images, hyperlinks,
illustrations, designs, icons, photographs, documents,
products, computer programs, services and written
and other materials (collectively, the “
Materials
”),
and such information is for general guidance
purposes only.
21.5 Unless otherwise noted, all Materials are
copyrights, trademarks, trade dress and/or other
intellectual properties owned by, controlled by or
licensed to Eaton or third parties (hereinafter, the
“
Third-Party Providers
”).
21.6 Except as stated herein, and to the extent permitted
by law, none of the Materials may be copied,
reproduced, distributed, republished, downloaded,
