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Appendix P: End user license agreement (EULA)
DPCT IOM InsTruCTIOn OPeraTIOn Manual
MN124018EN January 2023 www.eaton.com
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 purpose, 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 and its Documentation may
include hyperlinks to other websites or content or
resources. Eaton has no control over any websites or
resources which are provided by companies or persons
other than Eaton. You acknowledge and agree that Eaton
is not responsible whatsoever for any harm suffered by
you on or in any way due to any third-party websites
or resources, even where they are accessed from or
referred or linked to such sites by the Product Software
or its Documentation. You acknowledge and agree that
Eaton is not responsible for the availability of any such
external sites or resources, and does not endorse any
advertising, products or other materials on or available
from such websites or resources. You acknowledge and
agree that Eaton is not liable for any loss or damage
which may be incurred as a result of the availability of
those external sites or resources, or as a result of any
reliance placed by you on the completeness, accuracy or
existence of any advertising, products or other materials
on, or available from, such web sites or resources.
25. Force majeure
25.1 Notwithstanding anything else contained in this
Agreement, Eaton shall not be liable for any delay
in providing the Product Software or support for
the Product Software if such delay arises from or
is attributable to acts, events or omissions beyond
its reasonable control, including (but not limited
to) pandemics, epidemics or endemics, nuclear
accident, acts of God, war or terrorist activity,
riot, civil commotion, malicious damages (excluding
malicious damage involving your employees or
your sub-contractors), compliance with any law or
governmental order or regulation, accident, industrial
action by employees of any provider of electrical
power, breakdown of plant or machinery, fire, flood
or storm (a “
Force Majeure Event
”) subject to Eaton
promptly notifying you in writing of the reasons for the
delay and the expected duration of the delay.
25.2 The performance of Eaton shall be suspended during
the period that the Force Majeure Event persists,
and Eaton shall be granted an extension of time for
performance equal to the period of the delay arising as
a result of the Force Majeure Event.
25.3 If a Force Majeure Event continues for more than
sixty (60) calendar days, Eaton may terminate this
Agreement immediately by notice in writing and
neither shall be liable to the other by reason of
this termination.
26. Miscellaneous
26.1 If a term is found unenforceable or invalid, that term
will be enforced to the maximum extent permissible,
and the remaining provisions of the Agreement will
remain in full force and effect and an enforceable term
will be substituted reflecting our intent as closely as
possible. You may not assign or transfer any of your
rights under this Agreement, and any such attempt
will be void. Eaton may freely assign or transfer its
rights to any of its affiliates or subsidiaries, or to any
successor in interest of any business associated with
the Product Software. Subject to the foregoing, this
Agreement will bind and ensure to the benefit of
the parties, their successors and permitted assigns.
Eaton’s failure to enforce a term of this Agreement
is not a waiver of its right to do so later. No failure or
delay by Eaton or its affiliates to exercise any right or
enforce any obligation shall impair or be construed as
a waiver or ongoing waiver of that or any other right
or power. Waiving one breach will not be construed to
waive any succeeding breach. All waivers must be in
writing and signed by the party waiving rights.
27. Regulatory matters
27.1 The Product Software, Documentation and Materials
as well as parts of any of these (e.g., new versions,
releases, updates, upgrades, patches, fixed or
correction of the Product Software) are subject to
export laws of various countries, including, without
limitation, the laws of the United States, the EU and
Ireland (“
Export Laws
”). You agree that you will not
submit the Product Software, Documentation or other
Materials or parts of any of these to any government
agency for licensing consideration or other regulatory
approval without the prior written consent of Eaton,
and that you will not export, re-export or import any
Product Software, Documentation and/or Materials
to countries, persons or entities prohibited by any
applicable Export Law. You represent and warrant
that you are not located within an embargoed nation
and that you are not otherwise prohibited under the
Export Laws from receiving access to or using the
Product Software, Documentation or other Materials.
In that context, you are responsible for complying
with all applicable Export Laws. If Eaton wants to
deliver and/or grant access to the Product Software,
Documentation, Materials, or parts of any of these
directly to you, you will support Eaton in obtaining
any required authorization, approval or other consent
from the competent authorities, by providing any
necessary or useful declarations or other necessary
or useful information, e.g., end user certificates,
