any obligation shall impair or be construed as a waiver or ongoing waiver of that or any other
right or power. Waiving one breach will not be construed to waive any succeeding breach. All
waivers must be in writing and signed by the party waiving rights.
27 REGULATORY MATTERS
27.1 The Product Software, Documentation and Materials as well as parts of any of these (e.g. new
versions, releases, updates, upgrades, patches, fixed or correction of the Product Software) are
subject to export laws of various countries, including, without limitation, the laws of the United
States, the EU and Ireland (“Export Laws”). You agree that you will not submit the Product
Software, Documentation or other Materials or parts of any of these to any government agency
for licensing consideration or other regulatory approval without the prior written consent of
Eaton, and that you will not export, re-export or import any Product Software, Documentation
and/or Materials to countries, persons or entities prohibited by any applicable Export Law. You
represent and warrant that you are not located within an embargoed nation and that you are not
otherwise prohibited under the Export Laws from receiving access to or using the Product
Software, Documentation or other Materials. In that context, you are responsible for complying
with all applicable Export Laws. If Eaton wants to deliver and/or grant access to the Product
Software, Documentation, Materials, or parts of any of these directly to you, you will support
Eaton in obtaining any required authorization, approval or other consent from the competent
authorities, by providing any necessary or useful declarations or other necessary or useful
information, e.g. end user certificates, as may be requested by Eaton. You acknowledge that
the delivery of and/or granting of access to the Product Software, Documentation and Materials
as well as parts of any of these may be subject to the prior obtaining of export or import
authorisations or both from the competent authorities and that this process may (i) considerably
delay or prevent the delivery of and/or granting of access to the Product Software,
Documentation and Materials or part of any of these, (ii) impact Eaton’s ability to provide
services and (iii)) lead to Eaton having to limit, suspend or terminate your access to any
services.
27.2 Eaton assumes no responsibility or liability:
(i) For any delay caused in the delivery and/or granting of access to the Product
Software, Documentation and Materials or parts of any of these due to export or
import authorizations or both having to be obtained from the competent authorities;
(ii) If any required authorization, approval or other consent for the delivery of and/or
granting of access to Product Software, Documentation and Materials or parts of
these cannot be obtained from the competent authorities; and
(iii) If the delivery of and/or granting of access to the Product Software, Documentation
and Materials or parts of any of these is prevented due to applicable Export Laws;
and
(iv) If access to any services has to be limited, suspended or terminated due to
applicable Export Laws.
27.3 Eaton may terminate this Agreement with thirty (30) days’ prior written notice if Eaton may not
deliver or grant access to the Product Software, Documentation and Materials to you due to an
embargo or other comparable trade sanction, which is expected to be in place for six (6)
months or longer.
27.4 If the Product Software is licensed to agencies of the U.S. Government, the Product Software is
a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial
computer software" and "commercial computer software documentation", as such terms are
used in 48 C.F.R. § 12.212, and is provided to the U.S. Government only as a commercial end
item. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, all
EATON 93T USER’S AND INSTALLATION GUIDE 614-40270
-
December 2023 www.eaton.eu 111155
To Next Page
Loading...
