Eaton 9315P, Installation And Operation Manual

5.0 GENERAL PROVISIONS

5.1

Update Policy

. Eaton may from time to time, but has no obligation to, create Updates of the Firmware or components 

thereof.

5.2

Limitation on Liability

. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, LICENSEE 

EXPRESSLY UNDERSTANDS AND AGREES THAT EATON, ITS AFFILIATES, AND ITS LICENSORS, WILL NOT BE LIABLE 
FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE 
INCURRED BY LICENSEE OR ANY THIRD PARTY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS WILL 
INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS 
OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE 
GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY 
LICENSEE OR ANY THIRD PARTY. THESE LIMITATIONS ON EATON’S LIABILITY WILL APPLY WHETHER OR NOT EATON 
HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. TO THE 
EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EATON, ITS AFFILIATES, AND ITS LICENSORS, FOR ANY CLAIMS 
UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID FOR THE UPS. 
THIS SECTION 5.2 STATES EATON’S ENTIRE LIABILITY AND LICENSEE’S SOLE AND EXCLUSIVE REMEDY UNDER THIS 
AGREEMENT, AND IS SUBJECT TO ALL LIMITATIONS STATED IN SECTION 4.2.

5.3 Notices

. All notices required to be sent hereunder will be in writing and will be deemed to have been given when mailed by 

first class mail to the address shown below:

LICENSE NOTICES:
Eaton Intelligent Power Limited
Eaton House,
30 Pembroke Road,
Dublin 4,
D04 Y0C2,
Ireland

5.4 Severability

. If any provision of this Agreement is held to be invalid or unenforceable, the remaining 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 a waiver of any other or 

subsequent default or breach. Failure to enforce or delay in enforcing any provision of this Agreement will not constitute a 
waiver of any rights under any provisions of this Agreement.

5.6 Entire Agreement

. This Agreement constitutes the complete agreement between the parties and supersedes all prior or 

contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This 
Agreement may not be modified or amended except in a writing specifically referencing this Agreement and signed by a duly 
authorized representative of each party. 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 license agreements. In 
such cases, the terms of this Agreement will be supplemental to those in the additional agreements, to the extent not 
inconsistent with the additional agreements. If a copy of this Agreement in a language other than English is included with the 
Firmware or Documentation, it is included 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 and agreements herein contained will be 

binding upon and inure to the benefit of the parties hereto and, to the 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 regulations of the United States and 

all other countries in the world (the “Export Laws”) to assure that neither the Firmware nor any direct product thereof are (I) 
exported, directly or indirectly, in violation of Export Laws; or (ii) are intended to be used for any purposes prohibited by the 
Export Laws. Without limiting the 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, wherever located, who intends to transmit or 
transport the Firmware back to such country; (ii) to any end user who Licensee knows or has reason to know will utilize the 
Firmware in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has 
been prohibited from 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 is defined at 48 C.F.R. § 2.101, 

consisting of “commercial computer software” and “commercial computer software documentation”, as such terms are used 
in 48 C.F.R. § 12.212, and is provided to the 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 only those 
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 (including open source software 

components) that are owned by third parties (“Third Party Licensors”) and are provided with, incorporated into, or embedded 
in, the Firmware pursuant to license arrangements between Eaton and such third parties. Third Party Licensor components in 
the Firmware are not licensed or warranted under the terms of this document, but are instead subject to the Third Party 
Licensors’ license agreements. Licensee will not modify, delete, or obfuscate any copyright or other proprietary rights notices