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

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5.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, theremaining provisions of this Agreement will remain in full force.5.5 Waiver. The waiver by either party of any default or breach of this Agreement will not constitute awaiver of any other or subsequent default or breach. Failure to enforce or delay in enforcing anyprovision of this Agreement will not constitute a waiver of any rights under any provisions of thisAgreement.5.6 Entire Agreement. This Agreement constitutes the complete agreement between the parties andsupersedes all prior or contemporaneous agreements or representations, written or oral, concerningthe subject matter of this Agreement. This Agreement may not be modified or amended except in awriting specifically referencing this Agreement and signed by a duly authorized representative of eachparty. No other act, document, usage or custom will be deemed to amend or modify this Agreement.The Firmware, or portions thereof, may also be subject to additional paper or electronic licenseagreements. In such cases, the terms of this Agreement will be supplemental to those in theadditional agreements, to the extent not inconsistent with the additional agreements. If a copy of thisAgreement in a language other than English is included with the Firmware or Documentation, it isincluded for convenience and the English language version of this Agreement will control.5.7 Heirs, Successors, and Assigns. Each and all of the covenants, terms, provisions andagreements herein contained will be binding upon and inure to the benefit of the parties hereto and, tothe extent expressly permitted by this Agreement, their respective heirs, legal representatives,successors and assigns.5.8 Export Restrictions. Licensee agrees to comply fully with all relevant export laws and regulationsof the United States and all other countries in the world (the “Export Laws”) to assure that neither theFirmware nor any direct product thereof are (I) exported, directly or indirectly, in violation of ExportLaws; or (ii) are intended to be used for any purposes prohibited by the Export Laws. Without limitingthe foregoing, Licensee will not export or re-export the Firmware: (i) to any country to which the U.S.has embargoed or restricted the export of goods or services (see http://www.treasury.gov/resource-center/sanctions/ Programs/Pages/ Programs.aspx), or to any national of any such country, whereverlocated, who intends to transmit or transport the Firmware back to such country; (ii) to any end userwho Licensee knows or has reason to know will utilize the Firmware in the design, development orproduction of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibitedfrom participating in U.S. export transactions by any federal agency of the U.S. government.5.9 U.S. Government Restricted Rights. The Firmware is a “commercial item” as that term isdefined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercialcomputer software documentation”, as such terms are used in 48 C.F.R. § 12.212, and is provided tothe 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 Firmware with onlythose rights set forth herein. Contractor/manufacturer is Eaton Corporation, 1000 Eaton Boulevard,Cleveland, Ohio 44122.5.10 Third Party Intellectual Property Rights. The Firmware may contain components (includingopen source software components) that are owned by third parties (“Third Party Licensors”) and areprovided with, incorporated into, or embedded in, the Firmware pursuant to license arrangementsbetween Eaton and such third parties. Third Party Licensor components in the Firmware are notlicensed or warranted under the terms of this document, but are instead subject to the Third PartyLicensors’ license agreements. Licensee will not modify, delete, or obfuscate any copyright or otherproprietary rights notices of Third Party Licensors contained in the Firmware.5.11 Indemnity. Licensee shall defend, indemnify and hold Eaton and its officers, directors,employees, and agents harmless from and against all losses, damages, liabilities, claims, actions, andassociated costs and expenses (including reasonable attorneys’ fees and expenses) by reason ofinjury or death to any person or damage to any tangible or intangible property arising or resulting fromthe negligence or willful misconduct of the Licensee, its employees, contractors, or agents, inconnection with Licensee’s use of Firmware and Documentation. Licensee shall be responsible forany breach of this Agreement by its officers, directors, employees, contractors, or agents. Licenseeshall defend, indemnify, and hold Eaton and its officers, directors, employees, and agents harmlessfrom and against any and all losses, damages, liabilities, claims, actions, and associated costs and