Eaton xStorage 400, Инструкция по установке и эксплуатации

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72 Eaton xStorage 400 Installation and Operation Manual P-164001032—Rev 01
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. 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, 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
Eaton Corporation End User License Agreement for the xStorage 400