Developer Portal | Terms and Conditions

EATON CORPORATION

API PORTAL TERMS OF SERVICE

Last Revised Date: May 11, 2021

SECTION 1: Eaton Corporation or its affiliates (“EATON”) owns and operates the Eaton Application Programming Interface (“API”) Portal, including APIs and Documentation, and other related products and services (“Eaton API Portal”). The following Eaton API Portal Terms of Service (“Agreement”) governs the use of this Eaton API Portal. Please click the "Terms" link found in the API product page or other product or service for its specific terms.

IMPORTANT: PLEASE READ THIS AGREEMENT BEFORE REGISTERING, ACCESSING OR USING THE EATON API PORTAL. THIS AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN YOU AND / OR THE ENTITY YOU REPRESENT (“YOU”) AND EATON, TOGETHER WITH ITS AFFILIATES ENTITIES AND SUBSIDIARIES. YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THE EATON API PORTAL.

IF YOU DO NOT ACCEPT THE TERMS IN THIS AGREEMENT, DO NOT REGISTER, ACCESS OR USE THE EATON API PORTAL IN ANY WAY.

SECTION 2: DESCRIPTION OF THE EATON API PORTAL. The Eaton API Portal is a resource for developers to find Eaton-authorized APIs and related products and services for the purpose of developing applications that use Eaton’s APIs for Your business use, as permitted herein.

SECTION 3: OWNERSHIP.  Eaton or its third-party licensors retains all title, copyright and other proprietary rights in, and ownership of the Eaton API Portal.

SECTION 4: LICENSE AND PERMITTED USE. Subject to the terms and conditions of this Agreement, Eaton hereby grants to You a limited, non-transferable, non-sublicensable, non-assignable, non-exclusive and revocable license to access and use the Eaton API Portal only in accordance with and as described by Eaton in any user guides, manuals or instructions for access to and use of the Eaton API Portal (“Documentation”) solely for Your own internal business purpose use and only in a manner that is consistent with the terms of this Agreement (“License”). This License is valid only if the registration is complete and accurate. You shall not grant access to the Eaton API Portal to any person or entity who is not an authorized user under this Agreement. You are responsible and liable for all uses of the Eaton API Portal through access thereto provided by You, directly or indirectly. Specifically, and without limiting the generality of the foregoing, You are responsible and liable for all actions and failures to take required actions with respect to the Eaton API Portal by itself or by any other person to whom You may provide access to or use of the Eaton API Portal, including end users, whether such access or use is permitted by or in violation of this Agreement.

SECTION 5: RESTRICTIONS. This Agreement does not allow You to copy, enhance, decompile, decrypt, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Eaton API Portal, or any updates or upgrades, or any part thereof. You may not use any part of the Eaton API Portal to establish any independent data files, databases, compendiums or any other reference materials 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 Eaton API Portal (if any). Any attempt to do so is a violation of the rights of Eaton. You shall not use the Eaton API Portal for purposes of competitive analysis of the Eaton API Portal, the development of a competing software product or service, or any other purpose that is to Eaton’s commercial disadvantage. 

You agree to not use the Eaton API Portal except for the creation of applications conjunction with the operation of Eaton products to which the Eaton API Portal pertains or other products as described by Eaton in the Documentation.

You agree not distribute, or otherwise provide to any third party any registration code algorithms, registration codes, encryption keys, tokens, or the like used by or in connection with this Eaton API Portal without the prior written permission of Eaton, nor shall You attempt to create any registration codes, passwords, tokens, or the like to allow unauthorized activation of the Eaton API Portal nor assist others in doing so. You agree not use any registration code algorithms, registration codes, encryption keys, tokens, or the like that have not been obtained from Eaton or an authorized representative of Eaton.

SECTION 6: UPDATES. Eaton has no obligation to provide updates or maintenance to the Eaton API Portal.  For any downloadable software, You agree to install or allow automatic installation of all corrections of substantial defects, security patches, minor bug fixes and updates, including any enhancements (“Updates”), for the Eaton API Portal as provided by Eaton. The terms and conditions of this Agreement shall govern any Updates provided by Eaton, unless such Updates are accompanied by, or references, a separate agreement in which case the terms of that agreement shall govern.

SECTION 7: TRANSFER AND ASSIGNMENT RESTRICTIONS.  You agree not to sell, resell, assign, lease, sublicense, encumber, or otherwise transfer Your interest in this Agreement or the rights granted herein in whole or in part, or allow any other person or entity, including any of Your parent or subsidiary or other subsidiary of Your parent, to copy, distribute, or otherwise provide access to the Eaton API Portal without the prior written consent of Eaton.

SECTION 8: PROHIBITED CONDUCT. In connection with the Your access to and/or use of the Eaton API Portal, You agree not to:

- Violate any laws or regulations.

- Upload/post anything that imposes an unreasonable or disproportionately large strain on Eaton’s network or computer infrastructure.

- Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Eaton API Portal and/or Eaton’s computers, servers or networks, and/or any computers or systems used by other users of the Eaton API Portal.

- Upload/post anything that could destroy, damage, or impair any portion of the Eaton API Portal or any computers, systems, hardware, or software used by Eaton or other users.

- Make unauthorized attempts to modify any information stored in the Eaton API Portal.

- Make attempts to defeat or circumvent security features, or to utilize the Eaton API Portal for any purpose other than its intended purposes.

- Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.

- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Eaton API Portal.

- Provide false or misleading information when signing up for an Eaton API Portal account or otherwise upload/post any false or misleading information or content through the Eaton API Portal.

SECTION 9: THIRD PARTY SOFTWARE.  The Eaton API Portal may use components (including open source software components) that are owned by third parties ("Third Party Licensors") and are provided with, incorporated into, linked to, or embedded in, the Eaton API Portal pursuant to license arrangements between Eaton and such third parties. Third Party Licensor components in the Eaton API Portal are not licensed or warranted under the terms of this document, but are instead subject to the Third Party Licensors’ license agreements. You agree not to modify, delete, or obfuscate any copyright or other proprietary rights notices of Third Party Licensors contained in the Eaton API Portal. To the extent there are any conflicts between the terms of this Agreement and any third party license corresponding to Third Party Licensor components or additional obligations by such third party license that are not set forth in this Agreement, the terms of the third party license will control. This Eaton API Portal contains the following known Third Party Software(s): The Eaton API Portal is based on Google’s Apigee API Management and Google’s Cloud Services, the terms of service of which can be found here: https://cloud.google.com/apigee/google-terms-service-apigee-products. 

SECTION 10: SUPPORT SERVICES. Eaton or its suppliers and distributors may provide You with support services related to the Eaton API Portal ("Support Services"). Use of Support Services is governed by terms and conditions for the applicable service offering, if any, the policies and programs described in the Documentation, and/or other Eaton-provided materials. Any supplemental materials provided to You as part of the Support Services shall be considered part of the Eaton API Portal, as applicable, and subject to the terms and conditions of this Agreement.

SECTION 11: NO WARRANTY.  TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE EATON API PORTAL IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY OF AND EFFORT TO USE THE EATON API PORTAL IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EATON API PORTAL AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE EATON API PORTAL ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND. EATON, ITS AFFILIATES, SUBSIDIARIES, AND AUTHORIZED REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE EATON API PORTAL AND ANY SERVICES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, COMPLETENESS, TIMELINESS, ACCURACY, QUIET ENJOYMENT, TITLE, FREEDOM FROM COMPUTER VIRUSES, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER EATON, NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE EATON API PORTAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE EATON API PORTAL OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR THAT DEFECTS OR ERRORS IN THE EATON API PORTAL OR SERVICES WILL BE CORRECTED, OR THAT THE EATON API PORTAL WILL BE COMPATIBLE WITH ANY SYSTEM, OR THAT THE EATON API PORTAL WILL BE FREE FROM WORMS, VIRUSES, MALWARE, TROJAN HORSES, OR OTHER HARMFUL OR DISABLING COMPONENTS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EATON, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE EATON API PORTAL OR ANY RELATED GOODS OR SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT, THE EATON API PORTAL AND/OR ANY RELATED GOODS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EATON API PORTAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 12: LIMITATION OF LIABILITY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EATON OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES AGENTS, LICENSORS, AUTHORIZED REPRESENTATIVES, ATTORNEYS AND/OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE EATON API PORTAL, BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, ACTUAL, LIQUIDATED, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PRODUCTION, LOSS OF GOODWILL, INTELLECTUAL PROPERTY INFRINGEMENT, BUSINESS INTERRUPTION OR LOSS OF USE, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE EATON API PORTAL, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EATON OR THE AFOREMENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EATON OR THE AFOREMENTIONED PARTIES, REGARDLESS OF THE TYPE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU PAID TO EATON AND/OR THE AFOREMENTIONED PARTIES FOR THE APPLICABLE GOODS OR SERVICES OUT OF WHICH THE LIABILITY AROSE.

SECTION 13: INDEMNIFICATION.  You agree to indemnify, defend, and hold harmless Eaton, including its officers, directors, employees, affiliates, subsidiaries, agents, licensors, authorized representatives, attorneys, business partners, and respective successors and assigns (“Indemnified Parties”) from and against any and all claims, demands, actions, liabilities, judgments, awards, losses, damages, costs and expenses (including reasonable attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages), Eaton or any of the Indemnified Parties suffer in relation to, arising from, or from the purpose of avoiding, any claim or demand from a third party that relates to Your: (a) breach or violation of this Agreement; (b) infringement, misappropriation or any violation of the rights of any other party from use of the Eaton API Portal in violation of this Agreement; (c) violation or non-compliance with any applicable law, rule, guidelines, acts, decrees, orders or regulations; (d) use, alteration or export of the Eaton API Portal (or any component thereof) in violation of this Agreement; and (e) the use of the Eaton API Portal by You or any person using Your account. Eaton and its affiliates reserve the right to assume the exclusive defense and control of any claims or actions subject to indemnification by You and all negotiations for its settlement or compromise, and You agree to fully cooperate with Eaton and its affiliates upon request by Eaton.

SECTION 14: AMENDMENTS TO THIS AGREEMENT.  Eaton may modify, add or remove any of the terms and conditions of this Agreement at its sole discretion at any time without prior notice. You will know when a change to this Agreement has been made, as there will be a change to the “Last Revised Date” noted at the start of this Agreement. Any changes will be effective from the Last Revised Date. No amendment shall retroactively amend the terms and conditions of prior agreement(s) and shall only govern Eaton API Portal(s) from the Last Revised Date. Your continued use of the Eaton API Portal after such modifications are made to the Agreement will mean that You accepts and agrees to be bound by and comply with such changes and updates. 

SECTION 15: FOR AUTHORIZED PARTIES IN CALIFORNIA.  In compliance with California Civil Code §1789.3, if You reside in California you have the right to contact Eaton with any complaints or to seek additional information. You may email Eaton at dataprotection@eaton.com or write to: Attn: Global Data Protection and Privacy Office, Eaton, 1000 Eaton Blvd., Cleveland, OH 44122.

If You reside in California and have any questions or complaints about the use of the Eaton provided Eaton API Portal  You may also contact: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device. For further details, please visit https://www.dca.ca.gov/about_us/contactus.shtml

SECTION 16: REGISTRATION. To use the Eaton API Portal, You must have a valid account with a username and password (“Credentials”). You may register for such Credentials at the direction(s) provided with the Eaton API Portal or by an authorized Eaton representative. The date of registration shall be the Effective Date of the Your consent to the terms and conditions of this EULA. You are responsible for maintaining the confidentiality of Your username and passwords, and for ensuring that each password is only used by employees granted access to the Eaton API Portal on Your behalf. You are liable for all transactions and other activities carried out under the Your Credentials or any tokens issued by You or on Your behalf. You agree to promptly notify Eaton if any password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You agree to immediately notify Eaton of any unauthorized use of the Your account or any other breach of security in relation to the Eaton API Portal known to the You. Eaton shall have no liability for any loss or damage arising from the Your failure to comply with these requirements or any other losses arising from the such unauthorized access. If Eaton suspends or terminates Your account under this Agreement, You acknowledge that all information and content associated with such account will no longer be available to You.

SECTION 17: PRIVACY POLICY. Your registration, access and use of the Eaton API Portal is governed by the Privacy Policy located at https://www.eaton.com/content/eaton/us/en-us/company/policies-and-statements/privacy-cookies-and-data-protection.html/. The Eaton Privacy Policy is hereby fully incorporated by this reference into this Agreement.

SECTION 18: CONFIDENTIAL INFORMATION. Except for personally identifiable information, the use and disclosure of which is addressed in the Privacy Policy for the Eaton API Portal, any and all information and content provided by You to Eaton is provided on a non-proprietary and non-confidential basis, regardless of whether the information or content is marked or otherwise identified as confidential or proprietary. You agree that Eaton has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any provided information or content for the purpose of operating and/or marketing the Services or any related services rendered by Eaton. This license includes any right of publicity rights that may be present in the provided information or content.

SECTION 19. INTELLECTUAL PROPERTY. Other than the exceptions referenced in this Agreement and noted elsewhere, all content provided through the Eaton API Portal is the sole and exclusive  property of Eaton including, but not limited to, all trade names, service marks, trademarks, logos, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files (referred to hereafter as “Eaton Content”).

Certain elements of the Eaton API Portal including, but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws. Any Eaton Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without Eaton’s written permission.  No information, data, documents, or records found through the Eaton API Portal shall be made available as part of a website, app or online location, whether by hyperlink, framing on the internet or otherwise, except as permitted herein.

You acknowledge that You have no right, title or interest in or to the Eaton API Portal and/or any Eaton Content. EATON is a trade name and mark owned exclusively by Eaton. You agree not to use any trade names or marks that are confusingly similar in Eaton’s sole opinion without the prior written consent of Eaton, which may be withheld in its sole discretion. Nothing in this Agreement and nothing found through the Eaton API Portal shall be construed as a license to use any of Eaton’s trademarks, patents, copyrights, or other intellectual property rights.

There may be other content located in the Eaton API Portal that is not owned by Eaton, and You should respect those property rights as well. All rights not expressly granted herein are reserved to Eaton.

SECTION 20. TERMINATION OR SUSPENSION.  This Agreement is effective for an unlimited duration unless and until terminated as set forth herein. All rights under the license granted shall terminate automatically without notice from Eaton for failure to comply with any terms or conditions of this Agreement. Upon termination of this Agreement, You agree to cease all use of the Eaton API Portal, and destroy all copies, full or partial, thereof. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.  

SECTION 21: MISCELLANEOUS.  If any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement will continue in full force and effect without said provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. No failure or delay by Eaton or its affiliates to exercise any right or enforce 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. No provisions in  Your purchase orders, or in any other business forms employed by You, will supersede the terms and conditions of this Agreement.

SECTION 22: EXPORT RULES AND U.S. GOVERNMENT RESTRICTED RIGHTS.  You agree not to  provide access to or use of the Eaton API Portal to any citizen of a country to which access or use thereof is barred, or to which exports or shipments are barred, or to anyone on the U.S. Treasury Department’s list of Specially Designated National or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted parties lists by the United States government. Further, You agree not to shop, transfer or export the Eaton API Portal into any country or use the Eaton API Portal in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Eaton API Portal is identified as export controlled items under the Export Laws, You represent and warrant that You are not a citizen of, or otherwise located within, an embargoed nation and that it is not otherwise prohibited under the Export Laws from receiving access to or using the Eaton API Portal. All rights to access and use of the Eaton API Portal are granted on condition that such rights are forfeited if You fail to comply with the terms of this Agreement.

If the Eaton API Portal is licensed to agencies of the U.S. Government, the Eaton API Portal 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 use Eaton API Portal with only those rights set forth herein. Contractor/manufacturer is Eaton Corporation, 1000 Eaton Boulevard, Cleveland, Ohio 44122.

SECTION 23. COMPLIANCE WITH LICENSE AND LAWS.  You agree to comply with all federal, state, local and foreign laws, regulations, rules and ordinances pertaining to the license granted under this Agreement. In the event that any part of this Agreement is determined to violate any applicable federal, state, local or foreign laws, rules or regulations, then the remaining provisions of this Agreement shall remain in full force and effect and shall be enforced to fullest extent permitted by law. 

SECTION 24. GOVERNING LAW AND INTERPRETATION.  To the extent not prohibited by law, You agree that this Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of Ohio applicable to contracts wholly made and to be performed within the State of Ohio, and to irrevocably submit to the sole and exclusive jurisdiction of the courts of Ohio or the Federal courts of the Northern District of Ohio, and to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Ohio is an inconvenient forum.

SECTION 25. EVENTS OUTSIDE OF EATON’S CONTROL. Eaton will not be liable or responsible for any failure to perform, or delay in performance of, any of Eaton’s obligations under this Agreement that is caused by any act or event beyond Eaton’s reasonable control, including but not limited to, acts of God, failure of public or private telecommunications networks, changes in law or regulation, or any other force majeure event or circumstance, whether or not foreseeable.

SECTION 26. AGREEMENT.  This Agreement constitutes the entire agreement regarding the use of the Eaton API Portal and supersedes any prior or contemporaneous understandings and agreements related to its subject matter.

Any questions regarding this Agreement should be directed to Eaton at:

Eaton

Attn: Digital, Innovation, and Technology Law Group

1000 Eaton Boulevard

Mail Code 4N

Cleveland, OH 44122

Eaton

Attn: Global Data Protection and Privacy Office

1000 Eaton Boulevard

Cleveland, OH 44122

Email: dataprotection@eaton.com