Fluke Recording Equipment User manual

NetFlow Tracker
User’s Guide Version 3.1.3
May 2007
Copyright 2004 - 2007 Fluke Corporation. All rights reserved.
All product names are trademarks of their respective companies.
w.flukenetworks.com

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Software License Agreement
This is a legal agreement between you (“You”/ “the End User””), and Fluke Corporation, a
Washington corporation, its subsidiaries and affiliates, including Fluke Networks (“Fluke”), with
offices at 6920 Seaway Boulevard, Everett, Washington, 98203, USA.
BY DOWNLOADING OR OTHERWISE ELECTRONICALLY RECEIVING THIS SOFTWARE PRODUCT
(“PRODUCT”) IN ACCORDANCE WITH OUR SOFTWARE DELIVERY PROCEDURES OR BY OPENING
THE SEALED DISK PACKAGE WHICH CONTAINS THE PRODUCT, YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY DELETE THE DOWNLOADED OR ELECTRONICALLY RECEIVED
SOFTWARE FROM YOUR COMPUTER SYSTEM AND NOTIFY US OF SAME IN ORDER TO CLAIM
AND, IF YOU HAVE RECEIVED A SEALED CD-ROM PACKAGE, RETURN THE UNOPENED DISK
PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING MANUALS) TO A FLUKE
REPRESENTATIVE, FOR REFUND OF THE PRICE PAID.
1. GRANT OF LICENCE AND PAYMENT OF FEES
Provided that You have paid the applicable licence fee, Fluke grants You a non-exclusive and non-
transferable, revocable licence to use one copy of the Product on the maximum number of
servers and the maximum number of devices specified in your purchase order, or if not so
specified, on a single server and a single device by a single user, and only for the purpose of
carrying out your business in the country specified in your order. This Product is licensed for
internal use by You, the end user only. The Product is not licensed for provision of a public
service by You or for the provision of any fee generating service by You to a third party.
In the event that at any time You wish to extend the permitted number of servers or devices
above the permitted amount, You must contact Fluke or the reseller from whom you purchased
the Product (“the Reseller”) and an additional licence fee may be agreed and a new licence
issued for the requested additional number of servers/devices.
Fluke or your Reseller may require that You provide written certification showing the
geographical locations, type and serial number of all computer hardware on which the Software
is being used, together with confirmation that the Product is being used in accordance with the
conditions of this Agreement. You shall permit Fluke or your Reseller, and/or their respective
agents to inspect and have access to any premises, and to the computer equipment located
there, at or on which the Software is being kept or used, and any records kept pursuant to this
Agreement, for the purposes of ensuring that the Customer is complying with the terms of this
licence, provided that Fluke/your Reseller provides reasonable advance notice to the Customer
of such inspections, which shall take place at reasonable times.
2. EVALUATION, UPDATES, UPGRADES AND SUPPORT AND MAINTENANCE
EVALUATION. If a provided licence key is labelled “Evaluation”, Fluke grants You the right to use
the Product enabled by that key solely for the purpose of evaluation, and the Product will cease
to function seven (7) days from enabling (or after such longer period as may be agreed by Fluke
and confirmed by Fluke or your Reseller in writing), at which time the licence grant for that
Product also ends. After the evaluation period, You may either purchase a full licence to use the
Product from your Reseller or directly from Fluke, or You must promptly return to Fluke or cease
to use the Evaluation Product and all associated documentation. The warranty set out in Clause
5shall not apply in respect of Product downloaded for evaluation purposes.
UPDATES. Please refer to the release notes accompanying any new versions, updates or
upgrades (“Updates”) prior to installation. Fluke will inform You or your Reseller of any Updates
which it may develop from time to time and may licence any such Updates to You for a
reasonable charge. To the extent that Fluke issues any Updates to You under the terms of this
Agreement, any reference to the Product herein shall be deemed to include such Updates.

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If You have purchased the maintenance and support services from Fluke then subject to
payment of the support fees, Fluke shall provide such services in respect of the Product in
accordance with the provisions of the Support and Maintenance Agreement contained in
Appendix 1.
3. COPYRIGHT
All intellectual property rights in the Product belong to Fluke and You acknowledge that You have
no ownership claims or rights whatsoever in the Product. You may (a) make one copy of the
Product solely for backup or archival purposes and keep this securely, or (b) transfer the
software to a secure single hard disk provided that You keep the original solely and securely for
backup or archival purpose. You may not copy the written materials accompanying the Product.
You shall not remove or alter Fluke’s copyright or other intellectual property rights notices
included in the Product or in and any associated documentation. You must notify Fluke forthwith
if You become aware of any unauthorized use of the Product by any third party.
4. OTHER RESTRICTIONS
You shall not sub-licence, distribute, market, lease, sell, commercially exploit, loan or give away
the Product or any associated documentation. For the avoidance of doubt, this licence does not
grant any rights in the Product to, and may not be assigned, sub-licenced or otherwise
transferred to, any connected person, where the term connected person includes but is not
limited to the End User’s subsidiaries, affiliates or any other persons in any way connected with
the End User, whether present or future. The Product and accompanying written materials may
not be used on more than the permitted number of servers at any one time or for in excess of
the permitted number of devices. Subject always to any rights which You may enjoy under
applicable law (provided that such rights are exercised strictly in accordance with applicable law)
and except as expressly provided in this Agreement, You may not reproduce, modify, adapt,
translate, decompile, disassemble or reverse engineer the Product in any manner. You shall not
merge or integrate the Product into any other computer program or work, and You shall not
create derivative works of the Product. Fluke reserves all rights not expressly granted under this
Agreement.
5. LIMITED WARRANTY
Fluke warrants that during the warranty period (a) the Product will perform substantially in
accordance with its accompanying written materials, and (b) the media on which the Product is
furnished shall be free from defects in materials and workmanship. The warranty period
applicable to the Product shall be ninety (90) days from the date of delivery of the Product or, if
longer, the shortest warranty period permitted in respect of the Product under applicable law
(“Warranty Period”). The warranty for any hardware accompanying the Product shall be as
stated on the warranty card shipped with the hardware.
If, within the Warranty Period, You notify Fluke of any defect or fault in the Product in
consequence of which the Product fails to perform substantially in accordance with its
accompanying written materials, and such defect or fault does not result from You, or anyone
acting with your authority, having amended, modified or used the Product for a purpose or in a
context other than the purpose or context for which it was designed or licensed according to this
Agreement, or as a result of accident, power failure or surge or other hazards, Fluke shall, at
Fluke’s sole option and absolute discretion, do one of the following:
(i) repair the Product; or
(ii) replace the Product; or
(iii) repay to You all license fees which You have paid to Fluke under this Agreement.
Fluke does not warrant that the operation of the Product will be uninterrupted or error or
interruption free.

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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.

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11. CONFIDENTIAL INFORMATION AND SECURITY
During and after this Agreement, the Parties will keep in confidence and use only for the
purposes of this Agreement all Confidential Information. Confidential Information means
information belonging or relating to the Parties, their business or affairs, including without
limitation, information relating to research, development, Product, processes, analyses, data,
algorithms, diagrams, graphs, methods of manufacture, trade secrets, business plans,
customers, finances, personnel data, and other material or information considered confidential
and proprietary by the Parties or which either Party is otherwise informed is confidential or might
or ought reasonably expect that the other Party would regard as confidential or which is marked
"Confidential". For the avoidance of doubt, You shall treat the Product and any accompanying
documentation as Confidential Information. Confidential Information does not include any
information (i) which one Party lawfully knew before the other Party disclosed it to that Party; (ii)
which has become publicly known through no wrongful act of either Party, or either Parties’
employees or agents; or (iii) which either Party developed independently, as evidenced by
appropriate documentation; or (iv) which is required to be disclosed by law.
The Parties will procure and ensure that each of its employees, agents, servants, sub-
contractors and advisers will comply with the provisions contained in this clause. If either Party
becomes aware of any breach of confidence by any of its employees, officers, representatives,
servants, agents or sub-contractors it shall promptly notify the other Party and give the other
Party all reasonable assistance in connection with any proceedings which the other Party may
institute against any such person. This clause 11 shall survive the termination of this
Agreement.
notwithstanding the above confidentiality provisions, in accepting this licence agreement, You
agree that, subject to any applicable data protection laws, Fluke may use your business name
and logo for the purposes of marketing and promotion of the product and its business and You
hereby grant Fluke a limited licence to use your business name and logo for these purposes.
12. EXPORT CONTROL
You shall be responsible for and agree to comply with all laws and regulations of the United
States and other countries (“Export Laws”) to ensure that the Product is not exported directly, or
indirectly in violation of Export Laws or used for any purpose prohibited by Export laws.
13. GOVERNING LAW AND JURISDICTION
13.1 This Agreement and all relationships created hereby will in all respects be governed by and
construed in accordance with the laws of the state of washington, united states of america, in
respect of all matters arising out of or in connection with this agreement. The Parties hereby
submit to the exclusive jurisdiction of the washington Courts. NOTHING IN THIS CLAUSE SHALL
PREVENT FLUKE FROM TAKING AN ACTION FOR PROTECTIVE OR PROVISIONAL RELIEF IN THE
COURTS OF ANY OTHER STATE.
14. MISCELLANEOUS
14.1 The provisions of clauses 3, 7, 8, 10, 11, 12, 13 and 14 and the obligation on you to
pay the licence fee shall survive the termination or expiry of this Agreement.
14.2 This Agreement is personal to You and You shall not assign, sub-licence or otherwise
transfer this Agreement or any part of your rights or obligations hereunder whether in whole or
in part save in accordance with this Agreement and with the prior written consent of Fluke and
You shall not allow the Product to become the subject of any charge, lien or encumbrance of
whatever nature. Nothing in this Agreement shall preclude the Licensor from assigning the
Product or any related documentation or its rights and obligations under this Agreement to a
third party and You hereby consent to any such future assignment.
14.3 This Agreement and the Support and Maintenance Agreement supersede all prior
representations, arrangements, understandings and agreements between the Parties herein
relating to the subject matter hereof, and sets out the entire and complete agreement and
understanding between the Parties relating to the subject matter hereof.