Eaton 9315P, Installation And Operation Manual

Eaton End-User License Agreement

IMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IS A BINDING CONTRACT 
BETWEEN YOU, THE END-USER (THE “LICENSEE”) AND EATON INTELLIGENT POWER LIMITED, IRELAND, OR ONE OF 
ITS AFFILIATES (“EATON” OR “LICENSOR”). BY OPERATING THIS UNINTERRUPTIBLE POWER SUPPLY (UPS) PRODUCT 
INCLUDING SOFTWARE EMBEDDED IN IT (FIRMWARE), YOU, THE LICENSEE, ARE AGREEING TO BE BOUND BY THE 
TERMS, CONDITIONS, AND LIMITATIONS OF THIS AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS 
AGREEMENT CAREFULLY BEFORE, INSTALLING OR OPERATING THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS 
OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PRODUCT TO EATON.

1.0

DEFINITIONS

1.1

Documentation

. “Documentation” means the user guides and manuals for the installation and use of the UPS, whether 

made available over the internet, provided in CD-ROM, DVD, hard copy or other form.

1.2

Firmware

. “Firmware” means software programs that are embedded in the product for which Licensee is granted a 

license hereunder, the Documentation therefore and, to the extent available, Updates thereto. The Firmware is licensed 
hereunder in object code (machine readable) form only except that certain software programs may include limited portions in 
source code (human-readable) form. 1.3 Update. “Update” means a subsequent release of the Firmware, if and when 
developed by Eaton. An Update does not include any release, new version, option, or future product, which Eaton licenses 
separately.

2.0

FIRMWARE LICENSE

2.1

Ownership

. Eaton or its third party licensors retains all title, copyright and other proprietary rights in, and ownership of the 

Firmware regardless of the media upon which the original or any copy may be recorded or fixed.

2.2

License Grant

. Eaton grants to Licensee a limited, revocable, non-exclusive, non-assignable license to use the Firmware in 

conjunction with the operation of the product to which the Firmware pertains or other products as described by Eaton in the 
Documentation. Licensee does not acquire any rights, express or implied, other than those expressly granted in this 
Agreement.

2.3

Restrictions and Requirements

. Licensee will not, nor will it permit others to, modify, adapt, translate, reverse engineer, 

decompile, or disassemble the Firmware or any component thereof (including the Documentation), or create derivative works 
based on the Firmware (including the Documentation), except to the extent such foregoing restriction is prohibited by 
applicable law or applicable open source license to, and only to, any open source software component that is incorporated into 
the Firmware (if any). Copyright laws and international treaties protect the Firmware, including the Documentation. 
Unauthorized copying of the Firmware, the Documentation or any part thereof, is expressly prohibited. For avoidance of doubt, 
Eaton does not grant Licensee 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 Firmware in accordance with the 
instructions and as directed by Eaton.

2.4

Transfer and Assignment Restrictions

. Licensee will not sell, resell, assign, lease, sublicense, encumber, or otherwise 

transfer its interest in this Agreement or in the Firmware, or the Documentation in whole or in part, or allow any other person 
or entity, including any parent or subsidiary of Licensee or other subsidiary of Licensee’s parent, to copy, distribute, or 
otherwise transfer the Firmware without the prior written consent of Eaton. Licensee may transfer the Firmware directly to a 
third party only in connection with the sale of the Eaton product in which it is installed.

3.0

TERMINATION

3.1

Termination

. This Agreement and the license granted hereunder automatically terminates if Licensee breaches any 

provision of this Agreement. Eaton may terminate this license at any time with or without cause.

3.2

Effect of Termination

. Immediately upon termination of this Agreement or the license granted hereunder, Licensee will 

cease using the product. The parties’ rights and obligations under the following sections of this Agreement will survive 
termination of this Agreement: Article 1.0, Section 2.1, Section 2.3, Section 2.4, Article 3.0, Article 4.0 and Article 5.0.

4.0 INFRINGEMENT AND WARRANTIES

4.1

Infringement

. If Licensee learns of a threat, demand, allegation, or indication that the UPS with its firmware infringes 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 notify Eaton promptly of such claim. Eaton may, in its sole 
discretion, elect to assume sole control of the defense and settlement of said Intellectual Property Claim and Licensee will 
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 OF ANY KIND, . EATON DOES 

NOT WARRANT THAT THE FIRMWARE WILL BE ERROR-FREE OR SECURE FROM UNAUTHORIZED ACCESS. THE 
LICENSEE EXPRESSLY ACKNOWLEDGES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THE 
PRODUCT IS AT LICENSEE’S SOLE RISK.