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5.11 Indemnity. Licensee shall defend, indemnify and hold Eaton and its ofcers, directors,
employees, and agents harmless from and against all losses, damages, liabilities, claims,
actions, and associated costs and expenses (including reasonable attorneys’ fees
and expenses) by reason of injury or death to any person or damage to any tangible or
intangible property arising or resulting from the negligence or willful misconduct of the
Licensee, its employees, contractors, or agents, in connection with Licensee’s
use of Software and Documentation.
Licensee shall be responsible for any breach of this Agreement by its ofcers, directors,
employees, contractors, or agents. Licensee shall defend, indemnify, and hold Eaton and
its ofcers, directors, employees, and agents harmless from and against any and all
losses, damages, liabilities, claims, actions, and associated costs and expenses (including
reasonable attorneys’ fees and expenses) arising out of or in connection with any breach of
this Agreement.
5.12 Open Source Software. The Software may contain certain components owned by Eaton
that are provided with, incorporated into, linked to, or embedded in the Software that are
subject to third party open source licenses (“Eaton Open Source Components”). Eaton
Open Source Components are subject to the open source licenses corresponding to
the particular software component. To the extent there are any conicts between the
terms of this Agreement and any open source license corresponding to Eaton Open Source
Components or additional obligations by such open sources license that are not set forth in
this Agreement, the terms of the open source license will control.
5.13 Condentiality. Licensee acknowledges that condential aspects of the Software (including
any proprietary source code) are a trade secret of Eaton, the disclosure of which would cause
substantial harm to Eaton that could not be remedied by the payment of damages alone
and such condential aspects of the Software shall not be disclosed to third parties without
the prior written consent of Eaton. Accordingly, Eaton will be entitled to preliminary and
permanent injunctive and other equitable relief for any breach of this Section 5.13.
5.14 Note on JAVA Support. The Software may contain support for programs written in JAVA.
JAVA technology is not fault tolerant and is not designed, manufactured, or intended for
use or resale as online control equipment in hazardous environments requiring fail-
safe performance, such as in the operation of nuclear facilities, aircraft navigation
or communications systems, air trafc control, direct life support machines, or weapons
systems, in which the failure of JAVA technology could lead directly to death, personal
injury, or severe physical or environmental damage. EATON DISCLAIMS ALL DAMAGES
INCLUDING DIRECT, INDIRECT AND CONSEQUENTIAL DAMAGES RELATING TO THE
FAILURE OF ANY SOFTWARE INCLUDING JAVA PROGRAMS AND/OR JAVA TECHNOLOGY.
5.15 Governing Law. This Agreement will be interpreted and enforced in accordance with the
laws of England and Wales, without regard to choice of law principles. Licensee consents to
the exclusive jurisdiction and venue of the courts in England for any action to enforce
or construe the terms of this Agreement.
Eaton Corporation EULA
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