Fluke Computer Accessories - Manual (Page 10)

User’s Guide – version 3.5 NetFlow Tracker
10
Appendix 1 to End User Licence
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).
“Licence Agreement” means the product licence 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.
Capitalised terms which are not defined herein shall have same meaning as under the Licence
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.