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INM 9475-ETG Rev 1
the Product Software by Authorized Party or any person using Authorized Party’s
account. Eaton and its affiliates reserve the right to assume the exclusive defense
and control of any claims or actions subject to indemnification by Authorized Party and
all negotiations for its settlement or compromise, and Authorized Party agrees to fully
cooperate with Eaton and its affiliates upon request by Eaton.
Amendments to this Agreement.
Eaton may modify, add or remove any of the terms
and conditions of this Agreement at its sole discretion at any time without prior notice.
Authorized Party will know when a change to this Agreement has been made, as there
will be a change to the “Last Revised Date” noted at the start of this Agreement. Any
changes will be effective from the Last Revised Date. Authorized Party’s continued
use of the Product Software after such modifications are made to the Agreement will
mean that Authorized Party accepts and agrees to be bound by and comply with such
changes and updates.
For Authorized Parties in California.
In compliance with California Civil Code §
1789.3, an Authorized Party residing in California has the right to contact Eaton with
any complaints or to seek additional information. Such Authorized Party may email
Eaton at [email protected] or write to: Attn: Global Data Protection and
Privacy Office, Eaton, 1000 Eaton Blvd., Cleveland, OH 44122.
If Authorized Parties in California have any questions or complaints about Eaton they
may also contact: The Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs through writing at 400 R Street, Suite
1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.
Registration.
To use the Product Software, Authorized Party must have a valid account
with a username and password (“Credentials”). Authorized Party is responsible for
maintaining the confidentiality of Authorized Party’s username and passwords, and for
ensuring that each password is only used by employees granted access to the Product
Software on the Authorized Party’s behalf. Authorized Party is liable for all transactions
and other activities carried out under the Authorized Party’s Credentials. Authorized
Party agrees to promptly notify Eaton if any password is lost, stolen, disclosed to an
unauthorized party, or otherwise may have been compromised. Authorized Party agrees
to immediately notify Eaton at mailto:[email protected] of any unauthorized
use of the Authorized Party’s account or any other breach of security in relation to
the Product Software known to the Authorized Party. Eaton shall have no liability for
any loss or damage arising from the Authorized Party’s failure to comply with these
requirements. If Eaton suspends or terminates the Authorized Party’s account under
this Agreement, the Authorized Party acknowledges that all information and content
associated with such account will no longer be available to the Authorized Party.
Confidential Information.
All information provided in Product Software is Eaton’s
confidential information. The Authorized Party agrees that it shall not use or disclose
Eaton’s confidential information without the prior written consent of Eaton, except to
share it with the Authorized Party’s 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.
Except for personally identifiable information, the use and disclosure of which is
addressed in the Privacy Policy for the Product Software, any and all information and
content provided by the