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

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3.0 TERMINATION3.1 Termination. This Agreement and the license granted hereunder automatically terminates ifLicensee breaches any provision of this Agreement. Eaton may terminate this license at any time withor without cause.3.2 Effect of Termination. Immediately upon termination of this Agreement or the license grantedhereunder, Licensee will cease using the product. The parties’ rights and obligations under thefollowing sections of this Agreement will survive termination of this Agreement: Article 1.0, Section2.1, Section 2.3, Section 2.4, Article 3.0, Article 4.0 and Article 5.0.4.0 INFRINGEMENT AND WARRANTIES4.1 Infringement. If Licensee learns of a threat, demand, allegation, or indication that the UPS with itsfirmware infringes or misappropriates any third party intellectual property rights (including but notlimited to any patent, copyright, trademark, trade dress, or trade secret) (“Intellectual PropertyClaim”), Licensee will notify Eaton promptly of such claim. Eaton may, in its sole discretion, elect toassume sole control of the defense and settlement of said Intellectual Property Claim and Licenseewill provide reasonable information and assistance to Eaton for the defense of such claim.4.2 Disclaimer of Warranties. THE FIRMWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OFANY KIND, . EATON DOES NOT WARRANT THAT THE FIRMWARE WILL BE ERROR-FREE ORSECURE FROM UNAUTHORIZED ACCESS. THE LICENSEE EXPRESSLY ACKNOWLEDGES THATTO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THE PRODUCT IS AT LICENSEE’SSOLE RISK.5.0 GENERAL PROVISIONS5.1 Update Policy. Eaton may from time to time, but has no obligation to, create Updates of theFirmware or components thereof.5.2 Limitation on Liability. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THECONTRARY, LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT EATON, ITS AFFILIATES,AND ITS LICENSORS, WILL NOT BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BYLICENSEE OR ANY THIRD PARTY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.THIS WILL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURREDDIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSSOF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OROTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY LICENSEEOR ANY THIRD PARTY. THESE LIMITATIONS ON EATON’S LIABILITY WILL APPLY WHETHER ORNOT EATON HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OFANY SUCH LOSSES ARISING. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OFEATON, ITS AFFILIATES, AND ITS LICENSORS, FOR ANY CLAIMS UNDER THESE TERMS,INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID FOR THE UPS.THIS SECTION 5.2 STATES EATON’S ENTIRE LIABILITY AND LICENSEE’S SOLE AND EXCLUSIVEREMEDY UNDER THIS AGREEMENT, AND IS SUBJECT TO ALL LIMITATIONS STATED IN SECTION4.2.5.3 Notices. All notices required to be sent hereunder will be in writing and will be deemed to havebeen given when mailed by first class mail to the address shown below:LICENSE NOTICES:Eaton Intelligent Power LimitedEaton House,30 Pembroke Road,Dublin 4, D04 Y0C2,Ireland