Fluke Computer Accessories - Manual (Page 11)

User’s Guide – version 3.5 NetFlow Tracker
11
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 foregoing, VAT, excise tax, tax on sales, property or use, import or other
duties whether levied in respect of this Agreement, the Support Services or otherwise.
4. Undertakings by You
You undertake:
4.1 To maintain accurate and up to date records of the number and location of all copies of
the Product supplied to You under the terms of the Licence Agreement and in relation to the
numbers of users of such.
4.2 To co-operate with Fluke’s personnel in the diagnosis of any error or defect in the
Product or Updates reported by You.
4.3 To make available to Fluke, all reasonable information, facilities, services and access
required by Fluke in order to perform the Support Services.
5. Supplier’s Undertakings
5.1 Fluke shall use its reasonable commercial endeavours to ensure that the Support
Services will be performed in such a way as to cause only minimal interruptions to your business
processes (other than any pre-agreed unavoidable interruption which in Fluke’s sole discretion is
required in order to perform the Support Services in a proper and efficient manner).
5.2 Fluke shall use its reasonable commercial endeavours to ensure that the Support
Services are performed with reasonable skill and care.
5.3 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.