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User’s Guide – version 1.6 NetWatch
6
Appendix 1 to End User License
Terms and Conditions for Fluke Support and Maintenance Service
1. Definitions
1.1 In this Agreement and in the Schedules hereto, save where the context so admits or requires, the
following definitions shall have the following meanings:
“Intellectual Property Rights” includes, without limitation, copyrights, discoveries, concepts, domain names,
patents, secret processes, database rights, technologies, know how, inventions, ideas, improvements, information,
trade secrets, all copyright works, business methods, logos, designs, trademarks, service marks, topography and
semi-conductor chip rights, business names, literary, dramatic, musical and artistic works anywhere in the world
(whether any of the foregoing is registered or unregistered and including any application in relation to any of the
aforesaid).
“License Agreement” means the product License agreement under the terms of which the Product is licensed to
You and which is entered into simultaneously with this Agreement.
“Retail Prices Index” means that the Consumer Price Index as published monthly by the Central Statistics
Office or Ireland or any of its successors.
“Support Charges” shall mean the applicable annual support fee as published in Fluke’s price list.
“Support Hours” means those hours specified in the Schedule during which Fluke shall provide the Support
Services described in this Agreement.
“Support Services” shall mean the maintenance and support services provided by Fluke under the terms of this
Agreement as detailed in the Schedule.
"Working Day" means any day other than Saturday or Sunday or a bank or a public holiday in Ireland.
Capitalized terms which are not defined herein shall have same meaning as under the License Agreement.
1.2 In the event of any inconsistency between the Schedule and any terms or provisions of any clause
contained in this Agreement, the terms or provisions in the clause of the Agreement shall prevail.
1.3 Words in the singular shall include the plural and vice versa where the context so admits or requires and
words importing one gender include every other gender.
1.4 The headings in this Agreement are for ease of reference only and do not form part of the contents of this
Agreement and shall not affect its interpretation.
1.5 Save as provided for elsewhere in this Agreement, this Agreement including the Schedule represents the
entire of the understanding of the parties concerning the subject matter hereof, viz, the provision of support and
maintenance services by Fluke to You, and overrides and supersedes all prior promises, representations,
understandings, arrangements, agreements, letters of intent or heads of agreement concerning the same which are
hereby revoked by mutual consent of the parties.
1.6 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.
1.7 The contents of the Schedule form an integral part of this Agreement and shall have as full effect as if it
were incorporated in the body of this Agreement and the expressions “this Agreement” and “the Agreement” used
in the Schedule shall mean this Agreement and any reference to “this Agreement” shall be deemed to include the
Schedule.
2. Support Services
2.1 In consideration of the payment by You of the Support Charges, Fluke agrees to provide the Support
Services.
3. Support Charges
3.1 You shall pay the Support Charges to Fluke annually in advance. The Support Charges shall be paid
within 30 days after receipt of Fluke’s invoice thereof. No Support Services will be provided until payment in full
has been received by Fluke. In the event of late payment, interest shall be charged at the rate of interest referred to
in the European Communities (Late Payment in Commercial Transactions) Regulations 2002, from the date of
invoice until the date of actual payment, such interest to accrue daily and both before and after judgement.
3.2 The Support Charges (including the charges for support outside of the Support Hours) may at Fluke’s
sole discretion be increased annually in accordance with the annual increase in the Retail Prices Index.
3.3 The Support Charges payable under the terms of this Agreement are related to the Support Services
specified in Schedule 2. Additional support is subject to Fluke’s then standard rates.
3.4 All Support Charges referred to in this Agreement are exclusive and net of any taxes, duties or such
other additional sums which shall be paid by You including, but without prejudice to the generality of the