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Appendix P: End user license agreement (EULA)
DPCT IOM InsTruCTIOn OPeraTIOn Manual
MN124018EN January 2023 www.eaton.com
as may be requested by Eaton. You acknowledge
that the delivery of and/or granting of access to the
Product Software, Documentation and Materials as
well as parts of any of these may be subject to the
prior obtaining of export or import authorisations or
both from the competent authorities and that this
process may (i) considerably delay or prevent the
delivery of and/or granting of access to the Product
Software, Documentation and Materials or part of any
of these, (ii) impact Eaton’s ability to provide services
and (iii)) lead to Eaton having to limit, suspend or
terminate your access to any services.
27.2 Eaton assumes no responsibility or liability:
i.
For any delay caused in the delivery and/or granting
of access to the Product Software, Documentation
and Materials or parts of any of these due to export
or import authorizations or both having to be obtained
from the competent authorities.
ii.
If any required authorization, approval or other
consent for the delivery of and/or granting of access
to Product Software, Documentation and Materials
or parts of these cannot be obtained from the
competent authorities; and
iii. If the delivery of and/or granting of access to the
Product Software, Documentation and Materials or
parts of any of these is prevented due to applicable
Export Laws; and
iv.
If access to any services has to be limited, suspended
or terminated due to applicable Export Laws.
27.3 Eaton may terminate this Agreement with thirty (30)
days’ prior written notice if Eaton may not deliver or
grant access to the Product Software, Documentation
and Materials to you due to an embargo or other
comparable trade sanction, which is expected to be in
place for six (6) months or longer.
27.4 If the Product Software is licensed to agencies of
the U.S. Government, the Product Software is a
“commercial item” as that term is defined at 48
C.F.R. § 2.101, consisting of “commercial computer
software” and “commercial computer software
documentation”, as such terms are used in 48 C.F.R. §
12.212, and is provided to the U.S. Government only
as a commercial end item. Consistent with 48 C.F.R. §
12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-
4, all U.S. Government End Users acquire the Product
Software with only those rights set forth herein.
Contractor/manufacturer is Eaton Corporation, 1000
Eaton Boulevard, Cleveland, Ohio 44122.
28. Governing law and jurisdiction
28.1 To the extent not prohibited by law, You agree that this
Agreement and all disputes, claims, actions, suits or
other proceedings arising hereunder shall be governed
by, and construed in accordance with, the substantive
law of the State of Ohio applicable to contracts wholly
made and to be performed within the State of Ohio,
and to irrevocably submit to the sole and exclusive
jurisdiction of the courts of Ohio or the Federal courts
of the Northern District of Ohio, and to irrevocably
consent to the exercise of personal jurisdiction by such
courts and waive any right to plead, claim or allege that
Ohio is an inconvenient forum.
29. Cybersecurity
29.1 You agree to comply with Eaton Assemblies
Cybersecurity Hardening Guidelines at www.eaton.com/
assemblies-security (“
Cybersecurity Guidelines
”). Eaton
is not responsible for a breach of data or electronic
system security caused by any third party equipment/
product or modification made to the Product Software
or related Eaton product other than by Eaton, including,
but not limited to, a system intrusion or interference,
virus or malicious code attack, loss of data, data theft,
misuse, unauthorized access to confidential, personal,
and sensitive information and/or non-public personal
information, hacking incident or any acts of data
ransom, caused by any third-party equipment/product,
modification made to the Product Software or the
related Eaton Product other than by Eaton, or failure by
You to comply with the Cybersecurity Guidelines. Eaton
may revise the Cybersecurity Guidelines at any time
without prior notice. You are responsible for obtaining
(at your expense) assurances from third-party suppliers
with respect to cybersecurity for third party equipment/
product. You are responsible to ensure all users of the
Product Software, or the related Eaton Product is made
aware of and complies with the Cybersecurity Guidelines.
30. Agreement
30.1 This Agreement (and any associated order form or
other agreements referenced herein) constitutes the
entire and exclusive agreement between you and Eaton
with respect to the subject matter of this Agreement
and supersedes and replaces any other prior or
contemporaneous agreements, or terms and conditions
applicable to the subject matter of this Agreement.
No provisions in your purchase orders, or in any other
business forms employed by you, will supersede the
terms and conditions of this Agreement.
