Eaton SEFELEC 5 Series User Manual

User manual SEFELEC 5x Series 202 v1.065.6 Entire Agreement. This Agreement constitutes the complete agreement between the parties and su-persedes all prior or contemporaneous agreements or representations, written or oral, concerning thesubject matter of this Agreement. This Agreement may not be modified or amended except in a writingspecifically referencing this Agreement and signed by a duly authorized representative of each party. Noother act, document, usage or custom will be deemed to amend or modify this Agreement. Certain com-ponents of the Software may also be subject to additional paper or electronic license agreements. In suchcases, the terms of this Agreement will be supplemental to those in the additional agreements, to the ex-tent not inconsistent with the additional agreements. If a copy of this Agreement in a language other thanEnglish is included with the Software or Documentation, it is included for convenience and the Englishlanguage version of this Agreement will control.5.7 Heirs, Successors, and Assigns. Each and all of the covenants, terms, provisions and agreementsherein contained will be binding upon and inure to the benefit of the parties hereto and, to the extent ex-pressly 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 regulations of theUnited States and all other countries in the world (the "Export Laws") to assure that neither the Softwarenor any direct product thereof are (I) exported, directly or indirectly, in violation of Export Laws; or (ii) areintended to be used for any purposes prohibited by the Export Laws. Without limiting the foregoing, Licen-see will not export or re-export the Software: (i) to any country to which the U.S. has embargoed or re-stricted 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, wherever lo-cated, who intends to transmit or transport the Software back to such country; (ii) to any end user whoLicensee knows or has reason to know will utilize the Software in the design, development or productionof nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from partici-pating in U.S. export transactions by any federal agency of the U.S. government.5.9 U.S. Government Restricted Rights. If the Software is licensed to agencies of the U.S. Government,the Software is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercialcomputer software" and "commercial computer software documentation", as such terms are used in 48C.F.R. § 12.212, and is provided to the U.S. Government only as a commercial end item. Consistent with48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, all U.S. Government End Usersacquire the Software with only those rights set forth herein. Contractor / manufacturer is EATON Corpora-tion, 1000 Eaton Boulevard, Cleveland, Ohio 44122.5.10 Third Party Intellectual Property Rights. The Software may contain components (including opensource software components) that are owned by third parties ("Third Party Licensors") and are providedwith, incorporated into, or embedded in, the Software pursuant to license arrangements between EATONand such third parties. Third Party Licensor components in the Software are not licensed or warrantedunder the terms of this document, but are instead subject to the Third Party Licensors’ license agree-ments. Licensee will not modify, delete, or obfuscate any copyright or other proprietary rights notices ofThird Party Licensors contained in the Software.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, and associatedcosts and expenses (including reasonable attorneys’ fees and expenses) by reason of injury or death toany person or damage to any tangible or intangible property arising or resulting from the negligence orwillful misconduct of the Licensee, its employees, contractors, or agents, in connection with Licensee’suse of Software and Documentation.Licensee shall be responsible for any breach of this Agreement by its officers, directors, employees, con-tractors, or agents. Licensee shall defend, indemnify, and hold EATON and its officers, directors, employ-ees, and agents harmless from and against any and all losses, damages, liabilities, claims, actions, andassociated costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or inconnection with any breach of this Agreement.