User’s Guide – version 3.5
NetFlow Tracker
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6.
CUSTOMER REMEDIES
You must call your Fluke representative for an authorization to return any item during
the 90 day warranty period referred to in clause 5 above, and You will be supplied
with a return authorisation number and an address for returning the item together
with a copy of your receipt. You acknowledge that your sole remedy for any defect in
the Product will be Your rights under clause 5.
7. NO
OTHER
WARRANTIES
FLUKE AND/OR ITS SUPPLIERS, DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT, THE
ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE AND YOU
AGREE THAT THIS IS FAIR AND REASONABLE. 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.
8.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL FLUKE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL OR ECONOMIC LOSS OR DAMAGES WHATSOEVER OR FOR ANY LOSS OF
PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, CAPITAL, ADDITIONAL ADMINISTRATIVE
TIME OR DATA ARISING OUT A DEFECT IN THE PRODUCT OR THE USE OF OR INABILITY TO USE
THE PRODUCT, EVEN IF FLUKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. TERMINATION
Either party shall be entitled forthwith to terminate this Agreement by written notice if the other
Party commits any material breach of any of the provisions of this Agreement and, fails to
remedy the same within sixty (60) days after receipt of a written notice from the non-breaching
Party giving full particulars of the breach and requiring it to be remedied.
You shall be obliged to notify Fluke in writing of any change in the control or ownership of the End
User and Fluke shall be entitled forthwith to terminate this Agreement by written notice.
This Agreement shall automatically terminate if replaced at any time with a new licence
agreement.
The right to terminate this Agreement given by this clause 9 will be without prejudice to any
other accrued right or remedy of either Party including accrued rights or remedies in respect of
the breach concerned (if any) or any other breach, or which the Parties have accrued prior to
termination.
10. INDEMNIFICATION
You shall indemnify Fluke in full and hold Fluke harmless in respect of any loss, damages,
proceedings, suits, third party claims, judgements, awards, expenses and costs (including legal
costs) incurred by or taken against Fluke as a result of the negligence, fault, error, omission, act
or breach of You or of your employees, staff, contractors, agents or representatives or for any
breach of this Agreement whatsoever by You.
Notwithstanding any other provision of this Agreement, the aggregate liability of Fluke for or in
respect of all breaches of its contractual obligations under this Agreement and for all
representations, statements and tortious acts or omissions (including negligence but excluding
negligence causing loss of life or personal injury) arising under or in connection with this
Agreement shall in no event exceed the licence fee paid by You pursuant to this Agreement prior
to the date of the breach.
