“Indemnified Parties” has the meaning as defined in Clause 15.1;
“Intellectual Property Rights” means any ideas (whether or not patentable), inventions,
discoveries, processes, works of authorship, marks, names,
know-how, and any and all rights in such materials throughout
the world, whether existing under statute, common law or
equity, now or hereinafter recognized, including but not limited
to (i) patents, designs, inventor’s certificates, utility models,
copyrights, moral rights, trade secrets, mask works, trade
names and marks, service marks, trade dress, domain names,
confidential information and know-how; (ii) any application or
right to apply for any of the rights referred to in section (i); and
(iii) all renewals, extensions, and restorations, now or hereafter
in force and effect for any of the rights referred to in section (i);
“Materials” has the meaning as defined in Clause 21.4;
“Product Software” means the software provided by Eaton to you, which includes
any applications, firmware and/or platforms provided to you
from time to time;
“Support Services” has the meaning defined in Clause 12.1;
“Third Party Licensors” has the meaning as defined in Clause 9.1;
“Third Party Links and Ads” has the meaning as defined in Clause 23.1;
“Third-Party Providers” has the meaning as defined in Clause 21.5;
“Updates” has the meaning as defined in Clause 6.1.
3 GRANT AND SCOPE OF LICENSE
3.1 In consideration of you agreeing to abide by the terms of this Agreement, Eaton hereby grants
to you, a limited, non-exclusive, non-transferable, non-sub-licensable, and revocable license to
access and use the Product Software with the Eaton Hardware, which is provided to you for
your own internal business purposes, solely for your use as permitted in these terms.
3.2 Subject to the limited rights expressly granted above, Eaton and its licensors or suppliers
reserve all right, title and interest in and tothe Product Software, its underlying technology and
all Intellectual Property Rights therein. You acknowledge that no licenses or rights are granted
to you by implication or otherwise in respect of the Product Software, other than those
expressly set forth in this Agreement. You agree not to remove, change or obscure any
Intellectual Property Rights notices incorporated in or accompanying the Product Software. You
agree to abide by all applicable national and international laws in connection with the use of the
Product Software, including those related to cybersecurity and piracy, data protection, privacy,
international communications and the transmission of technical or personal data.
3.3 Eaton may make services available to you that are provided, in whole or in part, by other
parties. Although Eaton may offer this opportunity, you acknowledge that any third party
services that you use in connection with the Product Softwareare not part of the Product
Software. You further acknowledge that these terms do not apply to any third party service
providers and that your use of those services may require you to agree to additional terms with
the third party service provider.
3.4 You shall as soon as reasonably practicable notify Eaton in writing by email or by phone to the
relevant contact information provided in the “contact us” section below if you become aware of
any use of the Product Software other than in accordance with this Agreement and all
EATON 93T USER’S AND INSTALLATION GUIDE 614-40270
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December 2023 www.eaton.eu 110033
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