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User’s Guide – version 1.6 NetWatch
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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.