Fluke Network Router Other Restrictions, Limited Warranty, Customer Remedies, No Other Warranties

User’s Guide – version 1.6 NetWatch

written materials accompanying the Product. You shall not remove or alter Fluke’s copyright or other intellectual property rights notices included in the Product or in and any associated documentation. You must notify Fluke forthwith if You become aware of any unauthorized use of the Product by any third party.

Fluke’s Supplier(s) and Licensor(s) are third party beneficiaries of this Agreement as it pertains to relevant intellectual property rights associated with the Product, and provisions of this Agreement related to intellectual property rights are enforceable by Fluke, its Supplier(s) and Licensor(s).

4. OTHER RESTRICTIONS

You shall not sub-License, distribute, market, lease, sell, commercially exploit, loan or give away the Product or any associated documentation. For the avoidance of doubt, this License does not grant any rights in the Product to, and may not be assigned, sub-Licensed or otherwise transferred to, any connected person, where the term connected person includes but is not limited to the End User’s subsidiaries, affiliates or any other persons in any way connected with the End User, whether present or future. The Product and accompanying written materials may not be used on more than the permitted number of servers at any one time or for in excess of the permitted number of devices. Subject always to any rights which You may enjoy under applicable law (provided that such rights are exercised strictly in accordance with applicable law) and except as expressly provided in this Agreement, You may not reproduce, modify, adapt, translate, decompile, disassemble or reverse engineer the Product in any manner. You shall not merge or integrate the Product into any other computer program or work, and You shall not create derivative works of the Product. Fluke reserves all rights not expressly granted under this Agreement.

5. LIMITED WARRANTY

Fluke warrants that during the warranty period (a) the Product will perform substantially in accordance with its accompanying written materials, and (b) the media on which the Product is furnished shall be free from defects in materials and workmanship. The warranty period applicable to the Product shall be ninety (90) days from the date of delivery of the Product or, if longer, the shortest warranty period permitted in respect of the Product under applicable law (“Warranty Period”). The warranty for any hardware accompanying the Product shall be as stated on the warranty card shipped with the hardware.

If, within the Warranty Period, You notify Fluke of any defect or fault in the Product in consequence of which the Product fails to perform substantially in accordance with its accompanying written materials, and such defect or fault does not result from You, or anyone acting with your authority, having amended, modified or used the Product for a purpose or in a context other than the purpose or context for which it was designed or licensed according to this Agreement, or as a result of accident, power failure or surge or other hazards, Fluke shall, at Fluke’s sole option and absolute discretion, do one of the following:

(i)repair the Product; or

(ii)replace the Product; or

(iii)repay to You all license fees which You have paid to Fluke under this Agreement.

Fluke does not warrant that the operation of the Product will be uninterrupted or error or interruption free.

6. CUSTOMER REMEDIES

You must call your Fluke representative for an authorization to return any item during the 90 day warranty period referred to in clause 5 above, and You will be supplied with a return authorisation number and an address for returning the item together with a copy of your receipt. You acknowledge that your sole remedy for any defect in the Product will be Your rights under clause 5.

7. NO OTHER WARRANTIES

FLUKE AND/OR ITS SUPPLIERS, DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE AND YOU AGREE THAT THIS IS FAIR AND REASONABLE. THE EXPRESS TERMS OF THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, TERMS OF OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL FLUKE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR ECONOMIC LOSS OR DAMAGES WHATSOEVER OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, CAPITAL, ADDITIONAL ADMINISTRATIVE TIME OR DATA ARISING OUT A DEFECT IN THE PRODUCT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF FLUKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3