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Appendix P: End user license agreement (EULA)
DPCT IOM InsTruCTIOn OPeraTIOn Manual
MN124018EN January 2023 www.eaton.com
displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise,
without the prior express written permission of Eaton
or the Third-Party Provider.
21.7 Any use of these Materials on any other website or
networked computer environment for any purpose
is prohibited. Any unauthorized use of any Materials
contained on this Product Software may violate
copyright, trademark, and other laws, including but not
limited to laws of privacy and publicity, and may result
in severe civil and criminal penalties.
22. Termination or suspension
22.1 This Agreement and the license granted hereunder,
shall come into force on the creation of your Product
Software account and shall continue in full force
and effect unless this Agreement is terminated in
accordance with its terms.
22.2 Eaton reserves the right, in its sole discretion and
without notice to you, to suspend, terminate, modify
or delete an account or access to the Product Software
or parts thereof, if you are, or Eaton reasonably
suspects that you are, failing to comply with any of
the provisions of this Agreement or for any actual
or suspected illegal or improper use of the Product
Software. If you use multiple accounts, if Eaton does
take action against you, you may have action taken
against all your accounts.
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 and its Documentation 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;
