Fluke Network Router manual Software License Agreement

User’s Guide – version 1.6 NetWatch

Software License Agreement

This is a legal agreement between you (“You”/ “the End User””), and Fluke Corporation, a Washington corporation, its subsidiaries and affiliates, including Fluke Networks (“Fluke”), with offices at 6920 Seaway Boulevard, Everett, Washington, 98203, USA.

BY DOWNLOADING OR OTHERWISE ELECTRONICALLY RECEIVING THIS SOFTWARE PRODUCT (“PRODUCT”) IN ACCORDANCE WITH OUR SOFTWARE DELIVERY PROCEDURES OR BY OPENING THE SEALED DISK PACKAGE WHICH CONTAINS THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE THE DOWNLOADED OR ELECTRONICALLY RECEIVED SOFTWARE FROM YOUR COMPUTER SYSTEM AND NOTIFY US OF SAME IN ORDER TO CLAIM AND, IF YOU HAVE RECEIVED A SEALED CD-ROM PACKAGE, RETURN THE UNOPENED DISK PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING MANUALS) TO A FLUKE REPRESENTATIVE, FOR REFUND OF THE PRICE PAID.

1. GRANT OF LICENSE AND PAYMENT OF FEES

Provided that You have paid the applicable License fee, Fluke grants You a non-exclusive and non-transferable, revocable License to use one copy of the Product on the maximum number of servers and the maximum number of devices specified in your purchase order, or if not so specified, on a single server and a single device by a single user, and only for the purpose of carrying out your business in the country specified in your order. This Product is licensed for internal use by You, the end user only. The Product is not licensed for provision of a public service by You or for the provision of any fee generating service by You to a third party.

In the event that at any time You wish to extend the permitted number of servers or devices above the permitted amount, You must contact Fluke or the reseller from whom you purchased the Product (“the Reseller”) and an additional License fee may be agreed and a new License issued for the requested additional number of servers/devices.

Fluke or your Reseller may require that You provide written certification showing the geographical locations, type and serial number of all computer hardware on which the Software is being used, together with confirmation that the Product is being used in accordance with the conditions of this Agreement. You shall permit Fluke or your Reseller, and/or their respective agents to inspect and have access to any premises, and to the computer equipment located there, at or on which the Software is being kept or used, and any records kept pursuant to this Agreement, for the purposes of ensuring that the Customer is complying with the terms of this License, provided that Fluke/your Reseller provides reasonable advance notice to the Customer of such inspections, which shall take place at reasonable times.

2.EVALUATION, UPDATES, UPGRADES AND SUPPORT AND MAINTENANCE

EVALUATION. If a provided license key is labelled “Evaluation”, Fluke grants You the right to use the Product enabled by that key solely for the purpose of evaluation, and the Product will cease to function seven (7) days from enabling (or after such longer period as may be agreed by Fluke and confirmed by Fluke or your Reseller in writing), at which time the License grant for that Product also ends. After the evaluation period, You may either purchase a full License to use the Product from your Reseller or directly from Fluke, or You must promptly return to Fluke or cease to use the Evaluation Product and all associated documentation. The warranty set out in Clause 5 shall not apply in respect of Product downloaded for evaluation purposes.

UPDATES. Please refer to the release notes accompanying any new versions, updates or upgrades (“Updates”) prior to installation. Fluke will inform You or your Reseller of any Updates which it may develop from time to time and may License any such Updates to You for a reasonable charge. To the extent that Fluke issues any Updates to You under the terms of this Agreement, any reference to the Product herein shall be deemed to include such Updates.

If You have purchased the maintenance and support services from Fluke then subject to payment of the support fees, Fluke shall provide such services in respect of the Product in accordance with the provisions of the Support and Maintenance Agreement contained in Appendix 1.

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Product belong to Fluke and its Supplier(s) and Licensors(s) and You acknowledge that the Product contains valuable Trade Secrets of Fluke, its Supplier(s) and Licensor(s) and You have no ownership claims or rights whatsoever in the Product. You may (a) make one copy of the Product solely for backup or archival purposes and keep this securely, or (b) transfer the software to a secure single hard disk provided that You keep the original solely and securely for backup or archival purpose. You may not copy the

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