Fluke Recording Equipment Limitation of Liability and indemnity, Intellectual Property Rights

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User’s Guide – version 3.1.3

NetFlow Tracker

5.4Without prejudice to the generality of clause 5.3 and for the avoidance of doubt, to the fullest extent permitted by law all terms implied by Sections 13, 14 and 15 of the Sale of Goods Act, 1893 are hereby excluded and all terms implied by the Sale of Goods and Supply of Service Act, 1980 including, without prejudice to the generality of the foregoing, Section 39, are hereby excluded and the parties agree that this is fair and reasonable.

6.Limitation of Liability and indemnity

6.1You shall indemnify Fluke in full and hold Fluke harmless in respect of any loss, damages, proceedings, suits, third party claims, judgements, awards, expenses and costs (including legal costs) incurred by or taken against Fluke as a result of the negligence, fault, error, omission, act or breach of You or of your employees, staff, contractors, agents or representatives or for any breach of this Agreement whatsoever by You.

6.2In no event will Fluke be liable to You for any special, incidental, indirect, punitive or consequential loss or damages, any loss of business, revenue or profits, loss of use, loss of data, loss of savings or anticipated savings, loss of investments, loss of goodwill, capital costs or loss of extra administrative cost, whether occasioned by the negligence, fault, error, omission, act or breach of the Fluke, its employees, contractors or sub-contractors whether or not foreseeable, arising out of or in connection with this Agreement, whether in an action based on contract, equity or tort including negligence or other legal theory.

6.3Notwithstanding any other provision of this Agreement, the aggregate liability of Fluke for or in respect of all breaches of its contractual obligations under this Agreement and for all representations, statements and tortious acts or omissions (including negligence but excluding negligence causing loss of life or personal injury) arising under or in connection with this Agreement shall in no event exceed the Support Charges paid by You pursuant to this Agreement prior to the date of the breach.

7.Intellectual Property Rights

7.1Ownership of all Intellectual Property Rights in the Product and any accompanying documentation is governed by the provisions of the Licence Agreement.

8.Termination

8.1You can terminate this Agreement at any time after the first anniversary of this Agreement by giving to Fluke not less than 90 days’ written notice.

8.2Either Party may terminate this Agreement by written notice to the other Party where:

8.2.1the other party has committed a material breach of the terms or conditions of this Agreement including the terms, conditions and provisions of the Schedule and where the breaching party has failed to remedy such breach within sixty (60) days after receiving written notice from the non-breaching party requiring it so to do; and

8.2.2the other party makes any arrangement or composition with its creditors or pass a resolution or where a Court shall make an order that the defaulting party shall be wound up (save and excepting only a member's winding up for the purposes of reconstruction or amalgamation to which the other party has been approved in writing prior to such) or where an examiner or a receiver or a liquidator is appointed over the other a Party’s business.

8.3On termination of this Support Agreement all rights and obligations of the parties under this Support Agreement shall automatically terminate except for any rights of action which may have accrued prior to termination and any obligations which expressly or by implication are intended to commence or continue in effect on or after termination.

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Contents NetFlow Tracker Grant of Licence and Payment of Fees Software License AgreementCopyright Customer Remedies Confidential Information and Security User’s Guide version NetFlow Tracker Definitions Support Charges Support ServicesUndertakings by You Supplier’s UndertakingsLimitation of Liability and indemnity Intellectual Property RightsTermination Miscellaneous Confidential Information and SecurityExceptions to Support Services Support HoursResponse Times Contents LONG-TERM Reports Appendix 2 CSV File Format What is NetFlow Tracker? What is NetFlow?Features and Benefits IntroductionUser’s Guide version NetFlow Tracker Pre-installation Checks InstallationMinimum System Requirements Operating System SupportInstallation on Microsoft Windows Installation on Solaris and Linux Post-installation Tasks Set up web front-end security Set up Snmp community stringsConfigure your routers and switches Add listener portsUsing NetFlow Tracker Interfaces Device traffic metersChanging the displayed chart Working with ChartsChart legend Per-AS dataView a standard chart as a tabular report View a standard chart as a pie chartZooming Zooming outWorking with Pie Charts Working with Tabular Reports User’s Guide version NetFlow Tracker Report Templates Address ReportsSession Reports QoS Reports Network ReportsInterface Reports Traffic Identification Reports Creating Filtered ReportsOther Reports Report TemplateSource Data Sample SizeStart Time End TimeIn/Out Interface Out InterfaceVPN Out VPNIdentified Application Recognised ApplicationToS DiffServSource/Destination Subnet Destination SubnetSource Mask Destination MaskDevices and Interfaces Long-term ReportsPer-device and Per-interface Long-term Reports Filter EditorUser’s Guide version NetFlow Tracker Executive Reports Report URL Format General FormReport Format Parameters 0023 Chart0024 0025True NumberFalse HeadingSections Features128 256Time Range Parameters Day HourWeek MonCalendar-based advanced HHmm Applying a time-of-day mask to the time rangeDay1-day2/time1-time2 105 110100 113120 115140 125300 285Minute DailyFilter Parameters Name Port/namePort/number Prec TosPrec%20tos Code ByteAddr/mask Password PasswordSecurity Parameters Management Portal Access Control Parameters SecretNull Aclid specifies a permitted long-term report Features Database Server Settings Performance TuningDisk Speed Query SizeSnmp Settings Configuration GuideLicensing Listener PortsDevice Settings Device SettingsDevice List Archiving Traffic ClassesIdentified Applications Security Settings VPNsDeleting a Device Management Portal Settings Report Settings Saved Filters Long-term ReportsExecutive Reports Span class=repdesctextTest/span Nelements=5 and chartWidth=400 ContentSub-reports User’s Guide version NetFlow Tracker Hostname Resolution Settings IP Application NamesDiffServ Names Database Settings AS NamesSubnet Names User’s Guide version NetFlow Tracker Archiving BackupPerformance Counters Memory SettingsInterface Scans Unprocessed FlowsetsMissed Flows Missed ExportsEnabling Netflow Export on an IOS Device Appendix 1 Device ConfigurationIp cef Ip flow-export destination addressIp flow-cache timeout inactive Ip flow-cache timeout activeShow ip flow export Show ip cache flow Show ip cache verbose flowMls netflow Ip route-cache flow infer-fieldsMls nde sender version Mls aging longUser’s Guide version NetFlow Tracker Set mls nde enable Set mls bridged-flow-statistics enable vlanlistSet system name name Set mls nde addressEnabling Flow Detail Records on a Packeteer Device Flow-sampler-map allflows mode random one-out-of 1 exitEnabling NetFlow on an Enterasys Device Address Using sflowtool to Convert sFlow Records to NetFlowChart CSV format Appendix 2 CSV File FormatTabular report CSV format Appendix 3 Third Party Software Components
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