Eaton Power Xpert 9395 Installation And Operation Manual page 4

Eaton End-User License Agreement
IMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") IS
A BINDING CONTRACT BETWEEN YOU, THE END-USER (THE "LICENSEE") AND EATON
INTELLIGENT POWER LIMITED, IRELAND, OR ONE OF ITS AFFILIATES ("EATON" OR
"LICENSOR"). BY OPERATING THIS UNINTERRUPTIBLE POWER SUPPLY (UPS) PRODUCT
INCLUDING SOFTWARE EMBEDDED IN IT (FIRMWARE), YOU, THE LICENSEE, ARE AGREEING TO
BE BOUND BY THE TERMS, CONDITIONS, AND LIMITATIONS OF THIS AGREEMENT. READ THE
TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE, INSTALLING OR
OPERATING THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
PROMPTLY RETURN THE UNUSED PRODUCT TO EATON.
1.0 DEFINITIONS
1.1 Documentation. "Documentation" means the user guides and manuals for the installation and
use of the UPS, whether made available over the internet, provided in CD-ROM, DVD, hard copy or
other form.
1.2 Firmware. "Firmware" means software programs that are embedded in the product for which
Licensee is granted a license hereunder, the Documentation therefore and, to the extent available,
Updates thereto. The Firmware is licensed hereunder in object code (machine readable) form only
except that certain software programs may include limited portions in source code (human-readable)
form.
1.3 Update. "Update" means a subsequent release of the Firmware, if and when developed by
Eaton. An Update does not include any release, new version, option, or future product, which Eaton
licenses separately.
2.0 FIRMWARE LICENSE
2.1 Ownership. Eaton or its third party licensors retains all title, copyright and other proprietary rights
in, and ownership of the Firmware regardless of the media upon which the original or any copy may
be recorded or fixed.
2.2 License Grant. Eaton grants to Licensee a limited, revocable, non-exclusive, non-assignable
license to use the Firmware in conjunction with the operation of the product to which the Firmware
pertains or other products as described by Eaton in the Documentation. Licensee does not acquire
any rights, express or implied, other than those expressly granted in this Agreement.
2.3 Restrictions and Requirements. Licensee will not, nor will it permit others to, modify, adapt,
translate, reverse engineer, decompile, or disassemble the Firmware or any component thereof
(including the Documentation), or create derivative works based on the Firmware (including the
Documentation), except to the extent such foregoing restriction is prohibited by applicable law or
applicable open source license to, and only to, any open source software component that is
incorporated into the Firmware (if any). Copyright laws and international treaties protect the Firmware,
including the Documentation. Unauthorized copying of the Firmware, the Documentation or any part
thereof, is expressly prohibited. For avoidance of doubt, Eaton does not grant Licensee a license to
any of Eaton's brands, logos, designs, trade dress, service marks, trademarks, domain names or trade
names, in whole or in part. Licensee agrees to install or allow installation of all corrections of
substantial defects, security patches, minor bug fixes and updates, including any enhancements, for
the Firmware in accordance with the instructions and as directed by Eaton.
2.4 Transfer and Assignment Restrictions. Licensee will not sell, resell, assign, lease, sublicense,
encumber, or otherwise transfer its interest in this Agreement or in the Firmware, or the
Documentation in whole or in part, or allow any other person or entity, including any parent or
subsidiary of Licensee or other subsidiary of Licensee's parent, to copy, distribute, or otherwise
transfer the Firmware without the prior written consent of Eaton. Licensee may transfer the Firmware
directly to a third party only in connection with the sale of the Eaton product in which it is installed.