Eaton Power Xpert 9395P-1100/1100 Installation And Operation Manual

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Eaton End-User License AgreementIMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) ISA BINDING CONTRACT BETWEEN YOU, THE END-USER (THE “LICENSEE”) AND EATONINTELLIGENT POWER LIMITED, IRELAND, OR ONE OF ITS AFFILIATES (“EATON” OR“LICENSOR”). BY OPERATING THIS UNINTERRUPTIBLE POWER SUPPLY (UPS) PRODUCTINCLUDING SOFTWARE EMBEDDED IN IT (FIRMWARE), YOU, THE LICENSEE, ARE AGREEING TOBE BOUND BY THE TERMS, CONDITIONS, AND LIMITATIONS OF THIS AGREEMENT. READ THETERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE, INSTALLING OROPERATING THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,PROMPTLY RETURN THE UNUSED PRODUCT TO EATON.1.0 DEFINITIONS1.1 Documentation. “Documentation” means the user guides and manuals for the installation anduse of the UPS, whether made available over the internet, provided in CD-ROM, DVD, hard copy orother form.1.2 Firmware. “Firmware” means software programs that are embedded in the product for whichLicensee is granted a license hereunder, the Documentation therefore and, to the extent available,Updates thereto. The Firmware is licensed hereunder in object code (machine readable) form onlyexcept that certain software programs may include limited portions in source code (human-readable)form.1.3 Update. “Update” means a subsequent release of the Firmware, if and when developed byEaton. An Update does not include any release, new version, option, or future product, which Eatonlicenses separately.2.0 FIRMWARE LICENSE2.1 Ownership. Eaton or its third party licensors retains all title, copyright and other proprietary rightsin, and ownership of the Firmware regardless of the media upon which the original or any copy maybe recorded or fixed.2.2 License Grant. Eaton grants to Licensee a limited, revocable, non-exclusive, non-assignablelicense to use the Firmware in conjunction with the operation of the product to which the Firmwarepertains or other products as described by Eaton in the Documentation. Licensee does not acquireany rights, express or implied, other than those expressly granted in this Agreement.2.3 Restrictions and Requirements. Licensee will not, nor will it permit others to, modify, adapt,translate, reverse engineer, decompile, or disassemble the Firmware or any component thereof(including the Documentation), or create derivative works based on the Firmware (including theDocumentation), except to the extent such foregoing restriction is prohibited by applicable law orapplicable open source license to, and only to, any open source software component that isincorporated into the Firmware (if any). Copyright laws and international treaties protect the Firmware,including the Documentation. Unauthorized copying of the Firmware, the Documentation or any partthereof, is expressly prohibited. For avoidance of doubt, Eaton does not grant Licensee a license toany of Eaton’s brands, logos, designs, trade dress, service marks, trademarks, domain names or tradenames, in whole or in part. Licensee agrees to install or allow installation of all corrections ofsubstantial defects, security patches, minor bug fixes and updates, including any enhancements, forthe Firmware in accordance with the instructions and as directed by Eaton.2.4 Transfer and Assignment Restrictions. Licensee will not sell, resell, assign, lease, sublicense,encumber, or otherwise transfer its interest in this Agreement or in the Firmware, or theDocumentation in whole or in part, or allow any other person or entity, including any parent orsubsidiary of Licensee or other subsidiary of Licensee’s parent, to copy, distribute, or otherwisetransfer the Firmware without the prior written consent of Eaton. Licensee may transfer the Firmwaredirectly to a third party only in connection with the sale of the Eaton product in which it is installed.