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INM MTL SUM5 Rev 7
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4.2 Disclaimer of Warranties. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EATON DOES NOT
WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE
FROM UNAUTHORIZED ACCESS. THE LICENSEE EXPRESSLY ACKNOWLEDGES THAT TO THE
EXTENT PERMITTED BY APPLICABLE LAW, THE INSTALLATION AND USE OF THE
SOFTWARE IS AT LICENSEE’S SOLE RISK.
5.0 General Provisions.
5.1 Update Policy. Eaton may from time to time, but has no obligation to, create Updates of the
Software or components thereof.
5.2 Limitation on Liability. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE
CONTRARY, LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT EATON,
ITS AFFILIATES, AND ITS LICENSORS, WILL NOT BE LIABLE FOR: (A) ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH
MAY BE INCURRED BY LICENSEE OR ANY THIRD PARTY, HOWEVER CAUSED AND UNDER
ANY THEORY OF LIABILITY. THIS WILL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS
OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL
OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR
DAMAGE WHICH MAY BE INCURRED BY LICENSEE OR ANY THIRD PARTY.
THESE LIMITATIONS ON EATON’S LIABILITY WILL APPLY WHETHER OR NOT EATON
HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY
SUCH LOSSES ARISING.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EATON, ITS AFFILIATES,
AND ITS LICENSORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY
IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF 100.00 € OR THE AMOUNT
LICENSEE PAID TO EATON AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE
GOODS OR SERVICES OUT OF WHICH THE LIABILITY AROSE.
THIS SECTION 5.2 STATES EATON’S ENTIRE LIABILITY AND LICENSEE’S SOLE AND
EXCLUSIVE REMEDY UNDER THIS AGREEMENT, AND IS SUBJECT TO ALL LIMITATIONS
STATED IN SECTION 4.2.
5.3 Notices. All notices required to be sent hereunder will be in writing and will be deemed to
have been given when mailed by rst class mail to the address shown below:
LICENSE NOTICES
EATON LEGAL DEPARTMENT
Eaton Center
1000 Eaton Blvd.
Cleveland, OH 44122-6058
(440) 523-5000
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