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User’s Guide – version 1.6 NetWatch
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14.2 This Agreement is personal to You and You shall not assign, sub-License or otherwise transfer this
Agreement or any part of your rights or obligations hereunder whether in whole or in part save in accordance with
this Agreement and with the prior written consent of Fluke and You shall not allow the Product to become the
subject of any charge, lien or encumbrance of whatever nature. Nothing in this Agreement shall preclude the
Licensor from assigning the Product or any related documentation or its rights and obligations under this
Agreement to a third party and You hereby consent to any such future assignment.
14.3 This Agreement and the Support and Maintenance Agreement supersede all prior representations,
arrangements, understandings and agreements between the Parties herein relating to the subject matter hereof, and
sets out the entire and complete agreement and understanding between the Parties relating to the subject matter
hereof.
14.4 If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the
remaining portions of the Agreement shall remain in full force and effect.
14.5 No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement
(save for your obligation to pay the fees in accordance with clause 1) arising from any cause or causes beyond its
reasonable control including, without limitation, any of the following: act of God, governmental act, tempest, war,
fire, flood, explosion, civil commotion, industrial unrest of whatever nature or lack of or inability to obtain power,
supplies or resources.
14.6 A waiver by either party to this Agreement of any breach by the other party of any of the terms of this
Agreement or the acquiescence of such party in any act which but for such acquiescence would be a breach as
aforesaid, will not operate as a waiver of any rights or the exercise thereof.
14.7 No alterations to these terms and conditions shall be effective unless contained in a written document made
subsequent to the date of the terms and conditions signed by the parties which are expressly stated to amend the
terms and conditions of this Agreement.