2. Use Restrictions
The information, materials, services, and related graphics available on this Site (collectively the "Content") are owned or licensed by Fluke Corporation. The Content of this Site is protected by copyright laws, international copyright treaties, or other intellectual property laws and treaties. Except as specifically provided herein, or otherwise specifically provided by Fluke Corporation in writing or by the terms of any license agreement that accompanies or is provided with any Content ("License Agreement"), YOU MAY NOT MODIFY THE CONTENT OF THIS SITE IN ANY WAY OR DOWNLOAD, COPY, REPRODUCE OR PUBLICLY DISPLAY, PERFORM, OR DISTRIBUTE OR OTHERWISE USE THE CONTENT IN ANY FORM OR BY ANY MEANS FOR ANY PUBLIC OR COMMERCIAL PURPOSE. Unauthorized use of any Content on this Site is expressly prohibited.
Fluke Corporation authorizes you to view, download, reproduce, display and distribute the Content posted on this Site only for your personal and non-commercial use, unless specifically authorized to do otherwise by Fluke Corporation in writing or as provided by the terms of any License Agreement. Any authorized download, reproduction or display of the Content must retain all copyright and proprietary notices as they appear in the Content. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
3. User Accounts
You agree to provide accurate and complete information as requested by the applicable registration form. In addition, you agree that you will not impersonate any person or entity, and will not falsely state or otherwise misrepresent your affiliation with any person or entity. Fluke Corporation may, in its sole discretion, terminate the accounts, access rights, and/or contribution rights of users who may have provided inaccurate or incomplete information during registration or thereafter or who fail to comply with any of the terms of this agreement.
5. Content Restrictions
All Communications posted to this website must be relevant to the Site Content and must be in good taste as determined by common sense and the most restrictive community standards. Such Communications must be free of materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, inflammatory, personal or corporate insults, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. In addition you agree that you will not post any Communication that: 1) you have no legal right to post; 2) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; 3) is unsolicited or unauthorized advertising, promotional material, or any other form of solicitation; 4) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 5) contains forged headers or otherwise manipulated identifiers in order to disguise the origin of the Communication; or 6) is designed to collect or store personal data about other Site users.
Fluke Corporation will have the sole right to remove any Communications that do not comply with the Terms or are otherwise deemed unsuitable or objectionable. To report a Communication you believe is not appropriate, contact email@example.com.
THE CONTENT, SOFTWARE AND SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, EXCEPT THAT SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT.
Fluke Corporation does not warrant the accuracy or completeness of the Content available at this Site. Fluke Corporation may make changes to the Content available at this Site, or to the products and prices described in them, at any time without notice. The Content available at this Site may be out of date, and Fluke Corporation makes no commitment to update the Content. Fluke Corporation assumes no liability for your use of the Content and you hereby acknowledge that any reliance upon any Content or materials or your use of the Site shall be at your own risk. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Fluke Calibration representative or distributor for information regarding the products, programs and services that may be available to you.
Except as expressly provided in any applicable License Agreement, if any, Fluke Corporation does not warrant or represent that any license, either express or implied, is granted under any patent right, copyright, mask work right, or other intellectual property right of Fluke Corporation or any third party covering or relating to the Content or any combination, machine, or process to which the Content relates or with which the Content may be used.
7. Software Downloadable
Software that is made available to download as Content from the Site ("Software") is the copyrighted or licensed work of Fluke Corporation and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software. The Software is made available for download solely for use by end users and strictly in accordance with the terms of the License Agreement. Any creation of derivative works, reproduction, redistribution, decompiling, reverse engineering, disassembly, or otherwise converting the Software to a perceivable form not in accordance with the License Agreement is expressly prohibited, and may result in civil and criminal penalties.
8. Limitation of Liability
IN NO EVENT WILL FLUKE CORPORATION OR ITS AFFILIATED COMPANIES OR DIVISIONS, AND THEIR RESPECTIVE, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOST DATA, BUSINESS INTERRUPTION, OR LOST PROFITS OR REVENUE) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT FLUKE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Intellectual Property Rights
Fluke Corporation may, in its sole discretion, terminate the accounts or access rights of users who may be infringing or otherwise violating intellectual property rights of other persons or entities. Pursuant to the Safe Harbor Provision of the Digital Millennium Copyright Act (17 U.S.C. �512), if you believe that your work has been copied in a way that constitutes infringement on this Site, please contact the Designated Copyright Agent specified below.
6920 Seaway Blvd.
Everett, WA 98203
11. Trademark Notice
Fluke® and all identified Fluke Calibration trademarks and logos are the property of Fluke Corporation, Inc. or its wholly-owned subsidiaries. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Fluke Corporation trademark displayed on the site without the written permission of Fluke Corporation.
Third party web sites linked from this Site are not under the control of Fluke Corporation, and the links are provided only as a convenience. Fluke Corporation is not responsible for the availability of external sites and does not represent or endorse the accuracy or reliability of any of the contents of any linked site. Fluke Corporation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site. If you decide to access any third party site linked from this Site, you do so entirely at your own risk.
13. Version of Terms
Fluke Corporation makes no representation this Site is appropriate or available for use outside the United States, and access to it from territories where its contents are illegal is prohibited. You may not use or export or re-export the Content on this Site in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
15. Applicable Laws
Fluke administers this Site from the United States and does not represent or warrant that the materials at this Site are appropriate or available for use outside the United States. Access to this Site and its content from jurisdictions where such content is illegal is prohibited and you may not use, export or re-export the content at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. In addition, information published at this Site may refer to products, programs or services that are not available in your country. These Terms and any claim relating to this Site will be governed by and construed in accordance with the laws of the State of Washington, notwithstanding its rules concerning choice of law.
16. EU Data Privacy Safe Harbor
Fluke recognizes that the European Union (“EU”) has an “omnibus” data protection regime established pursuant to the European Data Protection Directive (95/46/EC) (the “Directive”). Among other things, the Directive generally requires “adequate protection” for the transfer of certain individually identifiable data about individuals in the EU (“EU Personal Data”) to Fluke operations in the United States. Fluke accordingly adheres to the requirements of the EU Safe Harbor Privacy Principles published by the US Department of Commerce (“Safe Harbor”) with respect to certain EU Personal Data received in the United States from its employees in the EU. Fluke provides its employees in the EU with information regarding the data transfers that are covered by Safe Harbor via separate policies and procedures. Any employee in the EU that cannot resolve his or her issue directly with Fluke is permitted to contact his or her local data protection authority for further assistance and information.
By using this Site, you agree that Fluke Corporation, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Washington and any arbitration will be held in Seattle, Washington.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by applicable statute.
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