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Eaton Corporation END-USER LICENSE AGREEMENT Revised: October 28, 2014 IMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT THE "AGREEMENT") IS A BINDING CONTRACT BETWEEN YOU, THE END-USER (THE "LICENSEE") AND EATON CORPORATION OR ONE OF ITS AFFILIATES ("EATON" OR "LICENSOR"). BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE PRODUCT, 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 DOWLOADING, INSTALLING OR USING THE SOFTWARE. ------------------------------------- 1.0 Definitions ------------------------------------- 1.1 Documentation. "Documentation" means the user guides and manuals for the installation and use of the Software, whether made available over the internet, provided in CD-ROM, hard copy, or other form. 1.2 Software. 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TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EATON, ITS AFFILIATES, AND OTHER LICENSORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. 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 first class mail to the address shown below: LICENSE NOTICES EATON LEGAL DEPARTMENT Eaton Center 1000 Eaton Blvd. Cleveland, OH 44122-6058 (440) 523-5000 5.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force. 5.5 Waiver. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. 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The 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 U.S. Government End Users acquire the Software with only those rights set forth herein. Contractor/manufacturer is Eaton Corporation, 1000 Eaton Boulevard, Cleveland, Ohio 44122. 5.10 Third Party Intellectual Property Rights. The Software may contain components (including open source software components) that are owned by third parties ("Third Party Licensors") and are provided with, incorporated into, or embedded in, the Software pursuant to license arrangements between Eaton and such third parties. Third Party Licensor components in the Software are subject to the Third Party Licensors' license agreements. 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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 traffic 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. 5.14 Governing Law. This Agreement will be interpreted and enforced in accordance with the laws of the State of Ohio, U.S.A., without regard to choice of law principles. Licensee consents to the exclusive jurisdiction and venue of the courts of the State of Ohio for any action to enforce or construe the terms of this Agreement. 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