EXCEPT AS SEPARATELY PROVIDED IN A WRITTEN WARRANTY FROM TEKTRONIX, THE SOFTWARE IS PROVIDED “AS IS”
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY
OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE
PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY "HAZARDOUS ACTIVITIES"). TEKTRONIX AND ITS AFFILIATES, LICENSORS,
AND RESELLERS EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HAZARDOUS ACTIVITIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TEKTRONIX, ITS AFFILIATES, LICENSORS, OR RESELLERS BE LIABLE FOR: (1) ECONOMICAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER CLAIMED UNDER
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, (2) LOSS OF OR DAMAGE TO YOUR DATA OR PROGRAMMING, LOSS
OF PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS ARISING FROM THE USE OF (OR INABILITY TO USE)
THE SOFTWARE, (3) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, (4) ANY DAMAGE, CLAIMS, OR LOSSES
RESULTING FROM THE USE OF THE SOFTWARE IN CONJUNCTION WITH OTHER PRODUCTS OR SERVICES (INCLUDING
THIRD-PARTY PRODUCTS OR SERVICES); OR (5) INDEMNIFICATION OF YOU OR OTHERS FOR COSTS, DAMAGES, OR
EXPENSES RELATED TO THE GOODS OR SERVICES PROVIDED UNDER THIS LIMITED WARRANTY, EVEN IF TEKTRONIX OR ITS
AFFILIATES, LICENSORS, OR RESELLERS HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT
PERMITTED BY LAW. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL TEKTRONIX’S TOTAL
AGGREGATED LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT
RECEIVED BY TEKTRONIX FROM YOU FOR THE SOFTWARE OR EQUIPMENT.
You are solely responsible for Your data. You must back up Your data before Tektronix or a third party performs any remedial, upgrade, or
other work on Your systems, including any Equipment. If applicable law prohibits exclusion of liability for lost data, then Tektronix will only
be liable for the cost of the typical effort to recover the lost data from Your last available back up.
SECURITY DISCLAIMER
This Software and its associated Equipment are not designed or intended to be used with unsecure networks. You acknowledge that use
of the Equipment may rely upon certain networks, systems, and data communication mediums that are not controlled by Tektronix and
that may be vulnerable to data or security breaches, including, without limitation, internet networks used by Your internet providers and
the databases and servers controlled by Your internet providers. Tektronix shall not be liable for any such breaches, including without
limitation, damages and/or loss of data related to any security breach, and disclaims all warranties, including any implied or express
warranties that any content will be secure or not otherwise lost or altered.
For the avoidance of doubt, if You choose to connect this Software or Equipment to a network, it is Your sole responsibility to provide
and continuously ensure a secure connection to that network. You agree to establish and maintain appropriate measures (e.g., firewalls,
authentication measures, encryption, anti-virus applications, etc.) to protect the Software and Equipment and any associated data against
security breaches including unauthorized access, destruction, use, modification, or disclosure.
Notwithstanding the foregoing, You shall not use any Products in a network with other products or services that are incompatible, insecure
or not compliant with applicable laws.
THIRD-PARTY DISCLAIMER
The Software may contain software owned by third parties and obtained under a license from those parties (“Third Party Software”). Your
use of such Third Party Software is subject to the terms and conditions of this Agreement and the applicable Third Party Software licenses.
Except as expressly agreed otherwise, third parties do not warrant the Third Party Software, do not assume any liability with respect to its
use, and do not undertake to furnish any support or information relating thereto.
GENERAL
Unless the Customer is the United States Government, this Agreement contains the entire agreement between the parties with respect to
the use, reproduction, and transfer of the Software, and shall be governed by the laws of the state of Oregon.
TEKTRONIX END USER LICENSE AGREEMENT
3 Series Mixed Domain Oscilloscope Printable Help
14
