(iii) you shall conduct your business in a manner that reflects favourably at all times on
the Product Software and the name and goodwill of Eaton;
(iv) you shall make no representations, warranties, or guarantees on behalf of Eaton;
(v) you shall from refrain from amending or varying this Agreement.
24.2 Eaton makes no representations or warranties of any kind regarding the Product Software, the
Material, information or any other matter, either express or implied, including, but not limited to
implied warranties of fitness for a particular purposes, merchantability, title, accuracy/freedom
from error, non-infringement or otherwise. You are not authorized to make any warranty
commitment on Eaton’s behalf, whether written or oral. You understand that the Product
Software may include hyperlinks to other websites or content or resources. Eaton has no
control over any websites or resources which are provided by companies or persons other than
Eaton. You acknowledge and agree that Eaton is not responsible whatsoever for any harm
suffered by you on or in any way due to any third party websites or resources, even where they
are accessed from or referred or linked to such sites by the Product Software. You
acknowledge and agree that Eaton is not responsible for the availability of any such external
sites or resources, and does not endorse any advertising, products or other materials on or
available from such websites or resources. You acknowledge and agree that Eaton is not liable
for any loss or damage which may be incurred as a result of the availability of those external
sites or resources, or as a result of any reliance placed by you on the completeness, accuracy
or existence of any advertising, products or other materials on, or available from, such web
sites or resources.
25 FORCE MAJEURE
25.1 Notwithstanding anything else contained in this Agreement, Eaton shall not be liable for any
delay in providing the Product Software or support for the Product Software if such delay arises
from or is attributable to acts, events or omissions beyond its reasonable control, including (but
not limited to) pandemics, epidemics or endemics, nuclear accident, acts of God, war or
terrorist activity, riot, civil commotion, malicious damages (excluding malicious damage
involving your employees or your sub-contractors), compliance with any law or governmental
order or regulation, accident, industrial action by employees of any provider of electrical power,
breakdown of plant or machinery, fire, flood or storm (a “Force Majeure Event”) subject to
Eaton promptly notifying you in writing of the reasons for the delay and the expected duration of
the delay.
25.2 The performance of Eaton shall be suspended during the period that the Force Majeure Event
persists and Eaton shall be granted an extension of time for performance equal to the period of
the delay arising as a result of the Force Majeure Event.
25.3 If a Force Majeure Event continues for more than sixty (60) calendar days, Eaton may
terminate this Agreement immediately by notice in writing and neither shall be liable to the other
by reason of this termination.
26 MISCELLANEOUS
26.1 If a term is found unenforceable or invalid, that term will be enforced to the maximum extent
permissible and the remaining provisions of the Agreement will remain in full force and effect
and an enforceable term will be substituted reflecting our intent as closely as possible. You may
not assign or transfer any of your rights under this Agreement, and any such attempt will be
void. Eaton may freely assign or transfer its rights to any of its affiliates or subsidiaries, or to any
successor in interest of any business associated with the Product Software. Subject to the
foregoing, this Agreement will bind and ensure to the benefit of the parties, their successors
and permitted assigns. Eaton’s failure to enforce a term of this Agreement is not a waiver of its
right to do so later. No failure or delay by Eaton or its affiliates to exercise any right or enforce
EATON 93T USER’S AND INSTALLATION GUIDE 614-40270
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December 2023 www.eaton.eu 111144
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