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Eaton 93T - Page 109

Eaton 93T
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12 SUPPORT SERVICES
12.1 Eaton or its suppliers and distributors may provide you with support services related to the
Product Software (the Support Services”). Use of Support Services is governed by the terms
and conditions for the applicable service offering (if any), the policies and programmes
described in the Documentation, and/or other Eaton-provided Materials.
12.2 Any additional supplemental Materials provided to you as part of the Support Services shall be
considered part of the Product Software, as applicable, and subject to the provisions of this
Agreement.
13 DISCLAIMER OF WARRANTY
13.1 To the extent permitted by applicable law, you expressly acknowledge and agree that use of the
product software is at your sole risk and that the entire risk as to satisfactory quality,
performance, accuracy and effort of the product software is with you.
13.2 To the fullest extent permitted by applicable law, the Product Software, the Material and any
information and any services performed or provided by or in connection with the Product
Software are provided on an “as is” and “as available” basis, with all bugs and faults and
without warranty of any kind. Eaton, its affiliates, subsidiaries, and authorized representatives
hereby disclaim all warranties and conditions of any kind with respect to the product software
and any services, either express, implied, statutory, or otherwise, including, but without
limitation, any implied warranties and/or conditions of merchantability, of satisfactory quality, of
fitness for a particular purpose, security, completeness, timeliness, accuracy, quiet enjoyment,
title, freedom from computer viruses, and of non-infringement of third party rights. Neither
Eaton, nor any of its affiliates or subsidiaries, warrant that the functions or services contained
in, accessed from, performed by, displayed on, linked to/from, or provided by, the product
software will meet your requirements, that the operation of the product software or services will
be uninterrupted, error-free, timely, secure, or that defects or errors in the product software or
services will be corrected, or that the product software will be compatible with any system, or
that the product software will be free from worms, viruses, malware, Trojan horses, or other
harmful or disabling components.
13.3 No oral or written information or advice given by Eaton, its affiliates, subsidiaries, or any of their
respective authorized representatives shall create a warranty. You assume the entire cost of
any and all necessary repairs in the event you experience any loss or damage arising from the
use of the product software or any related goods or services. If you are dissatisfied with the
product software and/or any related goods or services, your sole and exclusive remedy is to
discontinue using the product software.
14 LIMITATION OF LIABILITY
14.1 Nothing in this agreement shall exclude or limit Eaton’s liability for death or personal injury
resulting from its negligence or of its officers, representatives their servants, agents, affiliates,
employees or any other liability which may not be limited or excluded under applicable law. In
no event shall Eaton nor any of its officers or other representatives be liable for any loss or
damages arising out of or in connection with your use, inability to use or reliance on any
facilities, services, products and/or content offered through or from the product software,
including, but not limited to, direct loss, loss of data, work stoppage, service interruption,
computer failure, system failure, device damage or malfunction, loss of income, profit or
opportunity, loss of or damage to property and claims of third parties or for any indirect or
consequential loss whatsoever, even if Eaton has been advised of the possibility of such loss or
damages, or such loss or damages were reasonably foreseeable.
14.2 To the fullest extent permitted by law, Eaton, its affiliates, suppliers, licensors, and any other
party involved in creating, producing or delivering the product software makes no warranties,
EATON 93T USER’S AND INSTALLATION GUIDE 614-40270
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December 2023 www.eaton.eu 110099

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