either express or implied, about the product software. The product software is provided "as is”
and “as available”.
14.3 Except for your indemnification obligations pursuant to Clause 15 of this agreement, in no event
will the aggregate liability (whether arising out of liability under breach of contract, tort (including
but not limited to negligence), misrepresentation, breach of statutory duty, breach of warranty or
claims by third parties arising from any breach of this agreement) of Eaton or its employees or
agents to you or to any third party for damages, direct or otherwise, arising out of or in
connection with this agreement exceed the lower of $100 (one hundred United States dollars)
or the cost of the product software, regardless of the cause or form of action, and whether such
claims are grounded in contract, tort, strict liability or any other legal theory, notwithstanding any
failure of essential purpose of any limited remedy.
14.4 Nothing in this agreement shall exclude or limit your liability under Clause 11 for any failure to
pay any fees due hereunder or for any breach, misuse or infringement of Eaton’s intellectual
property rights under Clause 21.
14.5 If you use the Product Software for commercial, business or resale purpose we will have no
liability to you for any loss of profit, loss of business, business interruption, or loss of business
opportunity.
14.6 Each provision of this Clause 14 excluding or limiting liability shall be construed separately,
applying and surviving even if for any reason one or the other of these provisions is held
inapplicable or unenforceable and shall remain in force notwithstanding the termination of this
agreement, howsoever arising.
15 INDEMNIFICATION
15.1 You agree to indemnify, defend, and hold harmless Eaton, including its officers, directors,
employees, affiliates, subsidiaries, agents, licensors, authorized representatives, attorneys,
business partners, and respective successors and assigns (the “Indemnified Parties”) from
and against any and all claims, demands, actions, liabilities, judgments, awards, losses,
damages, costs and expenses (including reasonable legal fees, costs of defense, and direct,
indirect, punitive, special, individual, consequential, or exemplary damages), Eaton or any of
the Indemnified Parties suffer in relation to, arising from, or from the purpose of avoiding, any
claim or demand from a third party that relates to your: (a) breach or violation of this
Agreement; (b) infringement, misappropriation or any violation of the rights of any other party
from use of the Product Software in violation of this Agreement; (c) violation or non-compliance
with any applicable law, rule, guidelines, acts, decrees, orders or regulations; (d) use, alteration
or export of the Product Software (or any component thereof) in violation of this Agreement;
and (e) the use of the Product Software by you or any person using your account.
15.2 Eaton and its affiliates reserve the right to assume the exclusive defense and control of any
claims or actions subject to indemnification by you and all negotiations for its settlement or
compromise, and you agree to fully cooperate with Eaton and its affiliates upon request by
Eaton.
16 AMENDMENTS TO THIS AGREEMENT
16.1
Eaton reserves the right to amend, modify, update or substitute any of the provisions of this
Agreement at any time. Any such amendment, modification, update or substitution shall be
published on our website at
www.eaton.com (the “Eaton Website”), as appropriate. You have the
right to withdraw from this Agreement if you do not accept any amendments, modifications,
updates or substitution of any of the provisions of this Agreement and in such an event you
must cease all access and use of the Product Software immediately. By continuing to use the
Product Software after Eaton posts or otherwise notifies you of any changes, you accept and
agree to the terms and conditions, as modified.
EATON 93T USER’S AND INSTALLATION GUIDE 614-40270
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December 2023 www.eaton.eu 111100
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