Eaton SEFELEC 5 Series User Manual

User manual SEFELEC 5x Series 201 v1.06defense and settlement of said Intellectual Property Claim and Licensee will provide reasonable infor-mation and assistance to EATON for the defense of such claim.4.2 Disclaimer of Warranties. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANYKIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRAN-TIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EATON DOES NOT WARRANT THATTHE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE FROM UNAUTHORIZEDACCESS. THE LICENSEE EXPRESSLY ACKNOWLEDGES THAT TO THE EXTENT PERMITTED BYAPPLICABLE LAW, THE INSTALLATION AND USE OF THE SOFTWARE IS AT LICENSEE’S SOLERISK.5.0 General Provisions.5.1 Update Policy. EATON may from time to time, but has no obligation to, create Updates of the Softwareor 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, SPE-CIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY LICENSEE ORANY THIRD PARTY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WILL IN-CLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY ORINDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUF-FERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGI-BLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY LICENSEE OR ANY THIRDPARTY. THESE LIMITATIONS ON EATON’S LIABILITY WILL APPLY WHETHER OR NOT EATON HASBEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSESARISING.TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EATON, ITS AFFILIATES, AND ITSLICENSORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRAN-TIES, IS LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.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 have beengiven when mailed by first class mail to the address shown below:LICENSE NOTICES:EATON Intelligent Power LimitedEATON Home,30 Pembroke Road,Dublin 4,D04 Y0C2,Ireland5.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainingprovisions 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 any provisionof this Agreement will not constitute a waiver of any rights under any provisions of this Agreement.