Eaton SEFELEC 5 Series User Manual

User manual SEFELEC 5x Series 200 v1.06the like to allow unauthorized activation of the Licensed Software nor assist others in doing so. Licenseeshall not use any registration code algorithms, registration codes, encryption keys, or the like that have notbeen purchased from EATON or an authorized representative of EATON. This software is licensed forstorage and use in one device only. Licensee shall not install this software package on multiple devices orin multiple locations without purchasing a separate license from EATON or a third party authorized byEATON. Subject to these restrictions, Licensee may make one (1) copy of the Software solely for backupor archival purposes, and may make one (1) copy of the Documentation for use by Licensee in connectionwith its authorized use of the Software. Licensee will number and account for all such copies. All titles,trademarks, and copyright and restricted rights notices included in the Software and Documentation willnot be removed and must be reproduced in any copies. For avoidance of doubt, EATON does not grantLicensee a license to any of EATON’s brands, logos, designs, trade dress, service marks, trademarks,domain names or trade names, in whole or in part.Licensee agrees to install or allow installation of all corrections of substantial defects, security patches,minor bug fixes and updates, including any enhancements, for the Software in accordance with the in-structions and as directed by EATON.2.4 Transfer and Assignment Restrictions. Licensee will not sell, resell, assign, lease, sublicense, encum-ber, or otherwise transfer its interest in this Agreement or in the Software, or the Documentation in wholeor in part, or allow any other person or entity, including any parent or subsidiary of Licensee or other sub-sidiary of Licensee's parent, to copy, distribute, or otherwise transfer the Software without the prior writtenconsent of EATON. Licensee may transfer the Software directly to a third party only in connection with thesale of the EATON product in which it is installed or the sale of other products in which it may be permittedto be installed as described by EATON in the Documentation. In the event of such a sale, Licensee maynot keep any copies of the Software or any portion thereof, and will require the third party to agree to allthe terms herein.2.5 Verification. At EATON's written request, not more frequently than annually, Licensee will furnishEATON with a signed certification verifying that the Software is being used in accordance with the provi-sions of this Agreement. EATON may audit Licensee's use of the Software. Any such audit will be con-ducted during regular business hours at Licensee's facilities and will not unreasonably interfere with Li-censee's business activities.3.0 Termination.3.1 Termination. This Agreement and the license granted hereunder automatically terminates if Licenseebreaches any provision of this Agreement. EATON may terminate this license at any time with or withoutcause.3.2 Effect of Termination. Immediately upon termination of this Agreement or the license granted hereun-der, Licensee will cease using the Software, will delete the Software from its computers and will eitherreturn to EATON or destroy the Software, Documentation, packaging and all copies thereof. If licenseeelects to destroy the Software, then Licensee will certify in writing to EATON the destruction of the Soft-ware upon the request of EATON. Termination of this Agreement and return or destruction of the Softwarewill not limit either party from pursuing other remedies available to it, including injunctive relief. The parties'rights and obligations under the following sections of this Agreement will survive termination of thisAgreement: Article 1.0, Section 2.1, Section 2.3, Section 2.4, Section 2.5, Article 3.0, Article 4.0 and Arti-cle 5.0.4.0 Infringement and Warranties4.1 Infringement. If Licensee learns of a threat, demand, allegation, or indication that the Software infring-es or misappropriates any third party intellectual property rights (including but not limited to any patent,copyright, trademark, trade dress, or trade secret) ("Intellectual Property Claim"), Licensee will notifyEATON promptly of such claim. EATON may, in its sole discretion, elect to assume sole control of the