22.3 For the avoidance of doubt, any wilful unauthorized use, copying, modification, reverse
engineering, disclosure, distribution or sublicensing of the Intellectual Property Rights in the
Product Software or any related methods, algorithms, techniques or processes by you, your
employees, agents, representatives, officers or directors will be deemed a material breach of
this Agreement that cannot be cured, and termination may be immediate.
22.4 Upon termination for any reason:
(i) all rights and licenses granted to you under this Agreement shall cease;
(ii) you must cease all activities authorized by this Agreement, including your use of
the Product Software;
(iii) you must immediately delete, remove and cease access to the Product Software
from all devices on which the Product Software has been installed and all copies of
the Product Software then in your possession, custody or control. Eaton may also
require that you provide it with evidence of compliance with this provision;
(iv) you must immediately return or destroy all confidential information of Eaton in your
possession, provided that you shall not be required to delete Eaton’s confidential
information that is and remains stored solely on backup storage pursuant to your
standard backup retention procedures if only persons of advanced information
technology knowledge and ability would be able to locate and access such
information (but such information shall nonetheless remain subject to confidentiality
obligations contained herein);
(v) we may remotely access your devices and remove the Product Software from them
and cease providing you with access to the Product Software.
23 LINKS
23.1 The Product Software may contain links to third party websites, services and/or display
advertisements for third parties (together, “Third Party Links and Ads”). Such Third Party
Links and Ads are not under Eaton’s control. Eaton disclaims all liability and responsibility for
any Third Party Links and Ads and you acknowledge and agree that Eaton is not responsible or
liable for: (a) the availability or accuracy of such Third Party Links and Ads; or (b) the contents,
products or services on or available from such Third Party Links and Ads. Your use of Third
Party Links and Ads is at your own risk and is subject to the terms and conditions of the
applicable third party. Eaton provides Third Party Links and Ads for your convenience and does
not review, approve, monitor, endorse, warrant, or make any representations with respect to
Third Party Links and Ads. You will need to make your own independent judgement about
whether to use any such independent sites, including whether to buy any products or services
offered by them.
24 REPRESENTATIONS, WARRANTIES, COVENANTS AND DISCLAIMERS
24.1 You undertake, represent and warrant that:
(i) you shall comply, at your own expense, with all applicable present or future laws,
statutes, instruments, regulations, orders, directives, enactments, including any
amendment, extension or replacement thereof which is in force from time to time
and which in any way relates to this Agreement and/or the provision of the Product
Software or results from your obligations under this Agreement. Without limiting the
foregoing, you shall comply with all contracting and procurement regulations
associated with the Product Software;
(ii) you have full power and authority to enter into this Agreement;
EATON 93T USER’S AND INSTALLATION GUIDE 614-40270
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December 2023 www.eaton.eu 111133
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