Terms of Use

(Updated September 11, 2009) 

Rules and Regulations.

ATTENTION: TERMS OF USE. PLEASE READ THE FLUKE NETWORKS WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THIS WEB SITE.

The terms and conditions and all information herein applies to all Fluke Networks online properties including, but not limited to www.flukenetworks.com, and any associated sub-domains, microsites, and sites associated via acquisition. Fluke Networks reserves the right to change them from time to time at its sole discretion. In the case of any violation of these rules and regulations, Fluke Networks reserves the right to seek all remedies available by law and in equity for such violations. Fluke Networks may also make improvements or changes in the products, services, or programs described in this site at any time without notice. These rules and regulations apply to all visits to the Fluke Networks Web Site, both now and in the future. As used herein, “Fluke Networks” shall include Fluke Corporation and its subsidiaries and divisions. 

Onsite Community Functionality
The onsite community functionality is designed for members to express their opinions, viewpoints, share their knowledge on the use of test tools and testimonials on various products, services and events based upon speculation, personal knowledge and factual information through use, therefore all views represented here allow no liability upon the publishers of this web site and the owners of said views assume no liability for any ill will resulting from these postings. The posts made here are for educational purposes and as such anyone viewing this portion of the Web site must accept these views as statements of the author of that opinion and agrees to release the authors from any and all liability. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.

We reserve the right to reveal your identity (or whatever information we know about you) to appropriate parties in the event of a complaint or legal action arising from any message posted by you.

Compliance with Applicable Laws; Export Control Laws.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Proprietary Rights and License to Use.
All materials on the Site, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. "Fluke Networks" is a registered trademark of Fluke Corporation. You may not use, delete, distort, or otherwise modify the Content without the prior written consent of Fluke Corporation or such third party owners. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the Sites or any part of the Content for any purpose other than its intended one is strictly prohibited. 

General Disclaimer and Release.
Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Fluke Networks assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

Fluke Networks provides no assurances that any reported problems will be resolved by Fluke Networks, even if Fluke Networks elects to provide information with the goal of addressing a problem. You hereby release and hold harmless Fluke Networks, its employees, directors, officers, licensees and assigns and each of their respective designees ("Fluke Networks Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the Site.

THE CONTENT, SOFTWARE AND SERVICES PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FLUKE NETWORKS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

FLUKE NETWORKS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY FLUKE NETWORKS PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF FLUKE NETWORKS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.

Indemnification.
You agree to indemnify and hold Fluke Networks harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized or improper use of any Content.

Cookies
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of the web site use cookies to track user traffic patterns. We do this in order to determine the usefulness of web site information to our users and to see how effective our navigational structure is in helping users reach that information. Fluke Networks does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.
If you prefer not to receive cookies on the web site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.

Products and Services Availability.
Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

Links to Third Party Sites.
Third party web sites linked from this Site are not under the control of Fluke Networks, and the links are provided only as a convenience. Fluke Networks is not responsible for the availability of external sites and does not represent or endorse the accuracy or reliability of any of the contents of any linked site. Fluke Networks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site. If you decide to access any third party site linked from this Site, you do so entirely at your own risk.

Access to Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.

Software License Agreement.
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating or (iii) the license terms pursuant to this Terms of Use Agreement.

Registration.
You agree that you are of at least 13 years of age or older and that all information you submit at registration is accurate and that you will keep it current. If we have reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Site accessed through it. You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us. 

Enforcement.
Fluke Networks generally does not pre-screen content posted by web site users. However, we reserve the right, but undertake no duty, to block, edit or remove any content that we determine to be in violation of these Terms of Use or otherwise in our sole discretion. To report violations of these Terms of Use, please write to the Community Manager at communitymanager@flukenetworks.com. Although the Site may be moderated or monitored by Fluke Networks or its agents, it is not a substitute for contacting Fluke Networks Support.

We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to discontinue any part of the Site at any time.

License and Release.
You grant to Fluke Networks and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other information, content or materials you submit to any Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Fluke Networks or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

The license shall also permit Fluke Networks and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Fluke Networks and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Fluke Networks and shall not be subject to your approval or payment by Fluke Networks of any compensation to you. We shall have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information about you in connection with the Materials you submit.

You also agree that we are free to use any of the Materials or any comments, information or ideas contained in any content or communication you submit to us or the Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Site and developing products and services.

You agree that the Materials you submit fully comply with these Terms of Use, including that your Materials are original with you and accurate and does not violate the rights of any third party or applicable law or ordinance. If it is determined that you have violated any of these terms you may be barred from accessing the Site and we may pursue any remedies available to us. You acknowledge and agree that the relationship between you and Fluke Networks is not a confidential, fiduciary, or other special relationship.

You acknowledge and agree that Fluke Networks and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you submit. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed and/or used by Fluke Networks and its designees may be similar to your Materials.