Fluke Networks End User License Agreement

Fluke Networks End User License Agreement (EULA)

BY USING THIS SOFTWARE PRODUCT IN ANY MANNER, YOU ARE AGREEING TO ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS, DO NOT DOWNLOAD OR USE THE SOFTWARE. THE TERMS OF AN END USER LICENSE AGREEMENT ACCOMPANYING PARTICULAR SOFTWARE FILE UPON INSTALLATION OR DOWNLOAD OF THE SOFTWARE, IF ANY, SHALL SUPERSEDE THE TERMS PRESENTED HERE.

1. GRANT OF LICENSE

Fluke Networks, a division of Fluke Electronics Corporation, grants you a non-exclusive right to use the software (Product) subject to the terms and restrictions set forth in this End User License Agreement.

You acknowledge and agree that the Product may use a network to send and receive data, and that your service providers may bill you airtime, data or usage fees and that you are solely responsible for such charges.

2. TITLE, COPYRIGHT AND TRADEMARK

Product is owned by Fluke Networks and is protected by United States copyright laws and international treaty provisions. Therefore, except for the rights granted to you above, you must treat the Product like any other copyrighted material.

3. RESTRICTIONS

This grant of license does not include the right to copy, modify, rent, lease, sell, transfer or distribute the Product or any portion thereof. You may not reverse engineer, decompile, or disassemble the Product.

This grant of license allows use of Product on a single computer or smart device at a time for use with only the MAC address/Unique identifier for Wi-Fi/Ethernet/specialized adapter for which it was uniquely licensed, if a license key binding to the MAC address/ Unique identifier for Wi-Fi/Ethernet/specialized adapter was required during installation.

This Product is controlled by the U.S. Department of Commerce Bureau of Industry and Security. You may not sell, transfer, export, or re-export the Product, directly or indirectly, to anyone in any country in which such sale, transfer, export, or re-export is restricted by U.S. law or regulation, or any other government having jurisdiction. You specifically certify that you are not a national of a country under U.S. Government sanctions, or a person who is included on any U.S. Government restricted parties lists.

4. TERM

This license is effective upon your acceptance of the above agreement or first use of the Product and shall remain in effect until terminated by (a) written notification to Fluke Networks or (b) a failure on your part to comply with the license agreement. Upon termination of the license agreement, you shall return to Fluke Networks or destroy all copies of the Product and associated written materials.

5. OTHER AGREEMENTS

Where terms or conditions of this agreement conflict with terms or conditions of other agreements, unless otherwise specifically stated, this agreement supersedes other agreements.

6. LIMITED WARRANTY

Fluke Networks warrants that the Product will perform in its intended environment substantially in accordance with the accompanying written materials for a period of 90 days from the date of license acceptance. Fluke Networks further warrants that the Product provided in recorded form has been recorded on non-defective media. Fluke Networks does not warrant any downloading errors or that the Product will be error free or operate without interruption.

7. REMEDIES

Fluke Networks' entire liability and your exclusive remedy shall be at Fluke Networks' option, (a) the return of the license fee paid for the product, or (b) repair or replacement of the Product that does not meet the limited warranty. This limited warranty is void if failure of the product has resulted from accident, abuse, or misapplication. Any replacement Product will be warranted for the remainder of the 90-day original warranty period or 30 days, whichever is longer.

8. NO OTHER WARRANTIES

FLUKE DISCLAIMS THE WARRANTY OF NON-FRINGEMENT AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. In no event shall Fluke Networks be liable for any damages whatsoever (including, without limitation, indirect, consequential, or incidental damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Product, even if Fluke Networks has been advised of the possibility of such damages.

9. APPLICABLE LAW

This agreement and license shall be governed in the United States by the laws of the State of Washington, U.S.A., and elsewhere by the laws of the country within which the agreement is made.

10. U.S. GOVERNMENT RESTRICTED RIGHTS.

The Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Fluke Networks, a division of Fluke Electronics Corporation, PO Box 777, Everett, Washington, 98206-0777, USA.