CyberPower PowerPanel Cloud User manual

USER’S MANUAL

PowerPanel® Cloud

Rev. 7. 1

SAVE THESE INSTRUCTIONS

Please read this manual and follow the instructions for installation and use.

ELECTRONIC END USER LICENSE

AGREEMENT FOR CYBERPOWER

POWERPANEL

NOTICE TO USER:

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”)

CAREFULLY BEFORE USING THE CYBERPOWER SOFTWARE. This EULA

governs your use of the software, associated hardware, their associated

modified versions, upgrades, patches, and updates and related services

(“Product”) currently provided or which will be provided by Cyber Power

Systems, (USA), Inc. or any one of its subsidiaries or affiliated companies

(“CyberPower”).

BY USING THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE

TERMS OF THIS EULA. BY INSTALLING OR USING THE PRODUCT, YOU

AGREE TO ACCEPT AND TO BE BOUND BY THIS EULA. IF YOU DO NOT

AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THE

PRODUCT AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR

“DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE

PRODUCT AS PART OF A CYBERPOWER HARDWARE PURCHASE AND IF

YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY RETURN

THE ENTIRE CYBERPOWER HARDWARE/SOFTWARE PACKAGE WITHIN

THE RETURN PERIOD TO THE STORE OR DISTRIBUTOR WHERE YOU

OBTAINED IT FOR A REFUND, SUBJECT TO ANY APPLICABLE RETURN

POLICY. YOU MUST RETURN THE ENTIRE HARDWARE/ SOFTWARE

PACKAGE IN ORDER TO OBTAIN A REFUND.

E U L A Ter m s :

1. Grant of License. Upon your acceptance of this EULA, Cyber Power

Systems (USA), Inc. and its affiliates grants to you a nonexclusive,

nontransferable, revocable license to use the Product subject to the

terms of this EULA. This Product is being licensed, not sold, to you by

CyberPower under the terms of this EULA. CyberPower and/or

CyberPower’s licensors retain ownership of the Product, including

underlying software and copyrights, and reserves all rights not expressly

granted to you. You may not lease, rent, sublicense, publish, copy, modify,

adapt, translate, reverse engineer, decompile, or disassemble all or any

portion of the Product without CyberPower’s consent, except as

expressly authorized hereunder.

2. Use of the Product. You may install the Product on a hard disk or other

storage device and use it; install and use the Product on a file server for

use on a network for the purposes of (i) permanent installation onto hard

disks or other storage devices or (ii) use of the Product over such

network; and make backup copies of the Product. This EULA shall

commence and bind the parties on the earliest such date of installation.

You may make and distribute unlimited copies of the Product for your

use, as long as each copy that you make and distribute contains this

EULA, the CyberPower PowerPanel installer, and the same copyright and

other proprietary notices pertaining to this Product that appear in the

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Product. If you download the Product from the Internet or similar on-line

source, you must include the copyright notice and a copy of this EULA

for the Product with any on-line distribution and on any media you

distribute that includes the Product.

3. Copyright and Trademark Rights. The Product is owned by Cyber Power

Systems (USA), Inc., its affiliates, its suppliers, and its structure,

organization and code are the valuable trade secrets of its Cyber Power

Systems (USA), Inc. and its affiliates and its suppliers. The Product also is

protected by United States Copyright Law and International Treaty

provisions. The Product involves trademarks belonging to CyberPower.

You may use the Product only insofar as required to comply with Section

1 of this EULA and to identify printed output produced by the Product, in

accordance with accepted trademark practice, including identification of

trademark owner's name. Such use of any trademark does not give you

any rights of ownership in that trademark. Except as stated above, this

EULA does not grant you any intellectual property rights in the Product.

Your infringement of any intellectual property rights retained by

CyberPower shall immediately terminate your license.

4. Restrictions. You agree not to modify, adapt, translate, reverse engineer,

decompile, disassemble or otherwise attempt to discover the source

code of all or any part of the Product. Although you may customize the

installer for the Product as documented on the CyberPower PowerPanel

Disk (e.g., installation of additional plug-in and help files), you may not

otherwise alter or modify the installer program or create a new installer

for the Product. User shall not exceed the license nodes that come

standard or have been purchased by the user.

5. Termination. Any violation of this EULA shall immediately terminate your

license without prior notice or refund. You may also terminate this EULA

by permanently deleting, destroying and returning at your own cost the

Product and any copies thereof. Once terminated, you must stop using

the Product.

6. Disclaimer of Warranties. The Product is being delivered to you AS IS

and its supplier makes no warranty as to its use or performance,

compatibility, appropriateness, or other performance. CYBER POWER

SYSTEMS (USA), INC., ITS AFFILIATES AND ITS SUPPLIERS DO NOT

AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY

OBTAIN BY USING THE PRODUCT OR DOCUMENTATION. CYBER

POWER SYSTEMS (USA), INC., ITS AFFILIATES, AND ITS SUPPLIERS

MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO

NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY,

OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL

CYBER POWER SYSTEMS (USA), INC., ITS AFFILIATES OR ITS

SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,

INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS

OR LOST SAVINGS, EVEN IF CYBER POWER SYSTEMS (USA), INC.

REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT

PERMITTED BY APPLICABLE LAW, USE OF THE CYBERPOWER

PRODUCT AND ANY SERVICES PERFORMED BY OR ACCESSED

THROUGH THE CYBERPOWER PRODUCT IS AT YOUR SOLE RISK AND

THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,

PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE

THAT CYBERPOWER IS NOT RESPONSIBLE FOR ANY LOSSES,

DAMAGES, MALFUNCTIONS OR OTHER HARM OR DAMAGE AS A

RESULT OF YOUR DECISION TO SELECT THE PRODUCT AND USE IT

WITH ANY OF YOUR HARDWARE, SOFTWARE, OR OTHER

ELECTRONICS.

CYBERPOWER DOES NOT WARRANT AGAINST INTERFERENCE WITH

YOUR ENJOYMENT OF THE CYBERPOWER PRODUCT AND SERVICES,

THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR

PROVIDED BY, THE CYBERPOWER PRODUCT WILL MEET YOUR

REQUIREMENTS, THAT THE OPERATION OF THE CYBERPOWER

PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,

THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT

THE CYBERPOWER PRODUCT OR SERVICES WILL BE COMPATIBLE OR

WORK WITH ANY THIRD PARTY PRODUCT, APPLICATIONS OR THIRD

PARTY SERVICES, OR THAT DEFECTS IN THE CYBERPOWER PRODUCT

OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS

CYBERPOWER PRODUCT MAY AFFECT THE AVAILABILITY AND

USABILITY OF THIRD-PARTY PRODUCT, APPLICATIONS OR

THIRD-PARTY SERVICES, AS WELL AS CYBERPOWER PRODUCTS AND

SERVICES.

YOU FURTHER ACKNOWLEDGE THAT THE CYBERPOWER PRODUCT

AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN

SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME

DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA

OR INFORMATION PROVIDED BY, THE CYBERPOWER PRODUCT OR

SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE

PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT

LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT

NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,

LIFE SUPPORT OR WEAPONS SYSTEMS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY

CYBERPOWER OR A CYBERPOWER AUTHORIZED REPRESENTATIVE

SHALL CREATE A WARRANTY. SHOULD THE CYBERPOWER PRODUCT

OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF

ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 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.

Some states or jurisdictions do not allow the exclusion or limitation of

incidental, consequential or special damages, or the exclusion of implied

warranties or limitations on how long an implied warranty may last, so

the above limitations may not apply to you.

7. Limitation on Liability. Regardless of the basis on which you are entitled

to claim damages from CyberPower (including material breach,

negligence, misrepresentation, or other contract or tort claim),

CyberPower’s entire liability for all claims in the aggregate arising from

or related to THE PRODUCT or otherwise arising under this EULA will not

exceed the amount of any actual direct damages up to the greater of

THE RETAIL PRICE PAID FOR THE PRODUCT. IN NO EVENT WILL

CYBERPOWER BE LIABLE TO YOU FOR INJURY OR DAMAGE TO

BUSINESS, PROFITS, REVENUES OR YOUR GOODWILL OR FOR ANY

VII

CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED,

WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT,

REPUDIATION OF CONTRACT, TERMINATION, NEGLIGENCE, OR

OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES.

8. Limitation on Claims. ARBITRATION NOTICE: You agree that

disputes between you and CyberPower will be resolved by

binding, individual arbitration before a single arbitrator agreed

upon by the parties, via arbitration in Scott County, Minnesota,

under rules and procedures agreed with the arbitrator or in the

absence of the same, as if the case was pending in court upon

Minnesota Law, with each party paying one half of the costs and

fees for arbitration, and each party paying their own attorney's

fees. You waive your right to participate in a class action lawsuit or

class-wide arbitration. CyberPower reserves the right to protect

its intellectual property and trade secrets by court action under

applicable law, including by seeking an injunction, which rights

shall not be abridged by this EULA. The parties agree that the that

any breach of your obligations under this EULA will cause

irreparable harm to CyberPower, including by example and not

limitation, loss of ability to protect important trade secrets,

confidential and proprietary information and similar rights;

therefore, CyberPower shall have, in addition to any remedies

available at law, the right to obtain equitable relief to enforce this

EULA.

9. Consent to Use of Data.

A. Diagnostic and Usage Data. If you choose to allow diagnostic and

usage collection, you agree that CyberPower may collect, maintain,

process and use diagnostic, technical, usage and related information,

including but not limited to unique system or hardware identiﬁers,

information about your computer, system and application software, and

VIII

peripherals, that is gathered periodically to provide and improve

CyberPower’s products and services, facilitate the provision of software

updates, product support and other services to you (if any) related to

the CyberPower Product, and to verify compliance with the terms of this

EULA.

B. CyberPower may use this information, as long as it is collected in a

form that does not personally identify you, for the purposes described

above. To enable CyberPower’s partners and third-party developers to

improve their software, hardware and services designed for use with

CyberPower products, CyberPower may also provide any such partner

or third-party developer with a subset of diagnostic information that is

relevant to that partner’s or developer’s software, hardware and/or

services, as long as the diagnostic information is in a form that does not

personally identify you.

C. Privacy Policy. At all times your information will be treated in

accordance with CyberPower’s Privacy Policy, which can be viewed at:

https://www.cyberpowersystems.com/company/privacy-p olic y/

10. Governing Law and General Provisions. This EULA will be governed by

the laws of the State of Minnesota, U.S.A., excluding the application of its

conflicts of law rules. This EULA will not be governed by the United

Nations Convention on Contracts for the International Sale of Goods, the

application of which is expressly excluded. If any part of this EULA is

found void and unenforceable, it will not affect the validity of the balance

of the EULA, which shall remain valid and enforceable according to its

terms. This EULA shall automatically terminate upon failure by you to

comply with its terms. This EULA may only be modified in writing signed

by an authorized officer of Cyber Power Systems (USA), Inc.

11. Compliance with Law; Export Control. You will comply with all national

and international laws, rules and regulations that apply to the Product

and your use of the Product as well as end-user, end-use and destination

restrictions issued by the United States or other governments. You agree

that the Product will not be shipped, transferred, exported or

re-exported into any country or used in any manner prohibited by the

United States Export Administration Act or any other export laws,

restrictions or regulations. In particular, but without limitation, the

Product may not be exported or re-exported (a) into any U.S.

embargoed countries or (b) to anyone on the U.S. Treasury Department's

list of Specially Designated Nationals or the U.S. Department of

Commerce Denied Person’s List or Entity List. By using the Product, you

represent and warrant that you are not located in any such country or on

any such list. You also agree that you will not use the Product for any

purposes prohibited by United States law and the applicable laws where

you are located, including, without limitation, the development, design,

manufacture or production of missiles or nuclear, chemical or biological

weapons.

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