August 2007
Copyright 2001, 2005, 2007 Fluke Corporation. All rights reserved.
All product names are trademarks of their respective companies.
w.flukenetworks.com
User’s Guide – version 1.6 NetWatch
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 LICENSE AND PAYMENT OF FEES
Provided that You have paid the applicable License fee, Fluke grants You a non-exclusive and non-transferable,
revocable License 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 License fee may be agreed and a new License 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 License, 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 license 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 License grant for that Product also ends. After the evaluation period, You may either
purchase a full License 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 5
shall 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 License 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.
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. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Product belong to Fluke and its Supplier(s) and Licensors(s) and You
acknowledge that the Product contains valuable Trade Secrets of Fluke, its Supplier(s) and Licensor(s) and 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
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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.
Fluke’s Supplier(s) and Licensor(s) are third party beneficiaries of this Agreement as it pertains to relevant
intellectual property rights associated with the Product, and provisions of this Agreement related to intellectual
property rights are enforceable by Fluke, its Supplier(s) and Licensor(s).
4. OTHER RESTRICTIONS
You shall not sub-License, distribute, market, lease, sell, commercially exploit, loan or give away the Product or
any associated documentation. For the avoidance of doubt, this License does not grant any rights in the Product to,
and may not be assigned, sub-Licensed 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.
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.
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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 License 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 License fee paid by You pursuant to this
Agreement prior to the date of the breach.
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 License 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 License 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 License fee shall
survive the termination or expiry of this Agreement.
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14.2 This Agreement is personal to You and You shall not assign, sub-License 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.
14.4 If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the
remaining portions of the Agreement shall remain in full force and effect.
14.5 No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement
(save for your obligation to pay the fees in accordance with clause 1) arising from any cause or causes beyond its
reasonable control including, without limitation, any of the following: act of God, governmental act, tempest, war,
fire, flood, explosion, civil commotion, industrial unrest of whatever nature or lack of or inability to obtain power,
supplies or resources.
14.6 A waiver by either party to this Agreement of any breach by the other party of any of the terms of this
Agreement or the acquiescence of such party in any act which but for such acquiescence would be a breach as
aforesaid, will not operate as a waiver of any rights or the exercise thereof.
14.7 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.
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Appendix 1 to End User License
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).
“License Agreement” means the product License 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.
Capitalized terms which are not defined herein shall have same meaning as under the License 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.
1.7 The contents of the Schedule form an integral part of this Agreement and shall have as full effect as if it
were incorporated in the body of this Agreement and the expressions “this Agreement” and “the Agreement” used
in the Schedule shall mean this Agreement and any reference to “this Agreement” shall be deemed to include the
Schedule.
2. Support Services
2.1 In consideration of the payment by You of the Support Charges, Fluke agrees to provide the Support
Services.
3. Support Charges
3.1 You shall pay the Support Charges to Fluke annually in advance. The Support Charges shall be paid
within 30 days after receipt of Fluke’s invoice thereof. No Support Services will be provided until payment in full
has been received by Fluke. In the event of late payment, interest shall be charged at the rate of interest referred to
in the European Communities (Late Payment in Commercial Transactions) Regulations 2002, from the date of
invoice until the date of actual payment, such interest to accrue daily and both before and after judgement.
3.2 The Support Charges (including the charges for support outside of the Support Hours) may at Fluke’s
sole discretion be increased annually in accordance with the annual increase in the Retail Prices Index.
3.3 The Support Charges payable under the terms of this Agreement are related to the Support Services
specified in Schedule 2. Additional support is subject to Fluke’s then standard rates.
3.4 All Support Charges referred to in this Agreement are exclusive and net of any taxes, duties or such
other additional sums which shall be paid by You including, but without prejudice to the generality of the
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foregoing, VAT, excise tax, tax on sales, property or use, import or other duties whether levied in respect of this
Agreement, the Support Services or otherwise.
4. Undertakings by You
You undertake:
4.1 To maintain accurate and up to date records of the number and location of all copies of the Product
supplied to You under the terms of the License Agreement and in relation to the numbers of users of such.
4.2 To co-operate with Fluke’s personnel in the diagnosis of any error or defect in the Product or Updates
reported by You.
4.3 To make available to Fluke, all reasonable information, facilities, services and access required by Fluke
in order to perform the Support Services.
5. Supplier’s Undertakings
5.1 Fluke shall use its reasonable commercial endeavours to ensure that the Support Services will be
performed in such a way as to cause only minimal interruptions to your business processes (other than any preagreed unavoidable interruption which in Fluke’s sole discretion is required in order to perform the Support
Services in a proper and efficient manner).
5.2 Fluke shall use its reasonable commercial endeavours to ensure that the Support Services are performed
with reasonable skill and care.
5.3 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.
5.4 Without prejudice to the generality of clause 5.3 and for the avoidance of doubt, to the fullest extent
permitted by law all terms implied by Sections 13, 14 and 15 of the Sale of Goods Act, 1893 are hereby excluded
and all terms implied by the Sale of Goods and Supply of Service Act, 1980 including, without prejudice to the
generality of the foregoing, Section 39, are hereby excluded and the parties agree that this is fair and reasonable.
6. Limitation of Liability and indemnity
6.1 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.
6.2 In no event will Fluke be liable to You for any special, incidental, indirect, punitive or consequential loss
or damages, any loss of business, revenue or profits, loss of use, loss of data, loss of savings or anticipated savings,
loss of investments, loss of goodwill, capital costs or loss of extra administrative cost, whether occasioned by the
negligence, fault, error, omission, act or breach of the Fluke, its employees, contractors or sub-contractors whether
or not foreseeable, arising out of or in connection with this Agreement, whether in an action based on contract,
equity or tort including negligence or other legal theory.
6.3 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 Support Charges paid by You
pursuant to this Agreement prior to the date of the breach.
7. Intellectual Property Rights
7.1 Ownership of all Intellectual Property Rights in the Product and any accompanying documentation is
governed by the provisions of the License Agreement.
8. Termination
8.1 You can terminate this Agreement at any time after the first anniversary of this Agreement by giving to
Fluke not less than 90 days’ written notice.
8.2 Either Party may terminate this Agreement by written notice to the other Party where:
8.2.1 the other party has committed a material breach of the terms or conditions of this Agreement including
the terms, conditions and provisions of the Schedule and where the breaching party has failed to remedy such
breach within sixty (60) days after receiving written notice from the non-breaching party requiring it so to do; and
8.2.2 the other party makes any arrangement or composition with its creditors or pass a resolution or where a
Court shall make an order that the defaulting party shall be wound up (save and excepting only a member's
winding up for the purposes of reconstruction or amalgamation to which the other party has been approved in
writing prior to such) or where an examiner or a receiver or a liquidator is appointed over the other a Party’s
business.
8.3 On termination of this Support Agreement all rights and obligations of the parties under this Support
Agreement shall automatically terminate except for any rights of action which may have accrued prior to
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termination and any obligations which expressly or by implication are intended to commence or continue in effect
on or after termination.
9. Confidential Information and Security
9.1 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". Confidential
Information does not include any information (i) which one party 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.
9.2 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.
9.3 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.
9.4 This clause shall survive the termination of this Agreement.
10 Miscellaneous
10.1 This Agreement is personal to You and You shall not assign, sub-License or otherwise transfer this
Agreement or any part of its right or obligations hereunder whether in whole or in part without the prior written
consent of Fluke. Nothing in this Agreement shall preclude Fluke from assigning or sublicensing its rights and
obligations under this Agreement.
10.2 If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the
remaining portions of the Agreement shall remain in full force and effect.
10.3 No Party shall be liable to the other for any delay or non-performance of its obligations under this
Agreement (save for the obligation of You to pay the Support Charges in accordance with clause 3) arising from
any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God,
governmental act, tempest, war, fire, flood, explosion, civil commotion, industrial unrest of whatever nature or
lack of or inability to obtain power, supplies or resources.
10.4 A waiver by either party to this Agreement of any breach by the other party of any of the terms of this
Agreement or the acquiescence of such party in any act which but for such acquiescence would be a breach as
aforesaid, will not operate as a waiver of any rights or the exercise thereof.
10.5 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.
10.6 This Agreement and all relationships created hereby will in all respects be governed by and construed in
accordance with the laws of Ireland in respect of all matters arising out of or in connection with this agreement.
The Parties hereby submit to the exclusive jurisdiction of the Irish Courts. NOTHING IN THIS CLAUSE SHALL
PREVENT FLUKE FROM TAKING AN ACTION FOR PROTECTIVE OR PROVISIONAL RELIEF IN THE
COURTS OF ANY OTHER STATE.
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Schedule
Support Services
1. Support Hours
The Support Hours during which Fluke shall supply the Support Services shall be between 9.30am and 5pm on
Working Days.
2. Support Services
Fluke shall provide You during the Support Hours with:
2.1. technical advice and assistance by telephone, facsimile, e-mail or other electronic means as shall be
necessary to resolve your difficulties and queries in relation to the Product and the Updates which You may
require;
2.2. an error correction and problem solving service as follows:
if You shall discover that the then current supported version of Product fails to conform with any part of the
description of the Product provided to you by Fluke then Fluke, on receiving notification of the error, shall use its
reasonable endeavours to:
2.2.1 diagnose and resolve the reported error or problem; and
provide the required solution to remedy or correct the error or problem; and
2.2.3 provide You with all assistance reasonably required by You to enable You to implement the error
correction supplied as soon as possible; and
2.2.4 correct errors by “fix” where Fluke, in its sole discretion, considers such to be appropriate.
2.3 Response times to technical advice and assistance queries and reported errors and problems are set out in
clause 3 below.
2.4 Remote connection support shall only be provided by Fluke in the event that telephone, fax or
email support does not resolve a problem.
3. Response Times
3.1 In the event of any problem arising in relation to the Product’s installation and functioning, Fluke shall
respond within 8 Support Hours after the logging of such an incident by You provided that the incident was logged
by You during normal Support Hours. Fluke shall in turn endeavour to resolve the problem as soon as possible.
4. Exceptions to Support Services
4.1 The Support Services described in clause 2 of this shall not include service in respect of:
4.1.1 defects or errors resulting from any modifications of the Product or Updates made by any person other
than Fluke;
4.1.2 incorrect use of the Product or Updates or operator error;
4.1.3 any fault in Your hardware, computer equipment or in any programs used in conjunction with the
Product or Updates; or
4.1.4 defects or errors caused by the use of the Product or Updates on or with equipment or programs not
approved by Fluke.
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Contents
SOFTWARE LICENSE AGREEMENT 2
CONTENTS 10
CHAPTER 1 – INTRODUCTION 13
Overview 13
Key Product Features 13
Minimum System Requirements 13
Installing NetWatch 13
Accessing the User Interface 14
Service 14
Details 14
Architecture Overview. 14
NetWatch Monitoring System 15
NetWatch Database 16
Alerting System 16
Web Front-end 16
Data Archiving. 22
Enabling Data Archiving. 22
Disabling Data Archiving. 22
CHAPTER 3 – NETWATCH VISUALISATION 23
Managing Visual Backgrounds 23
Visual Backgrounds Supplied with NetWatch 23
To Create a New NetWatch Visual 23
To Rename a Visual 23
To Delete a Visual 23
To Create a Visual with an Existing Background 23
To Change the Background image of a Visual 24
Drawing the Visual 24
Enter Administration Section. 24
Add and Position Network Nodes 24
Add links between two nodes. 24
Define actions for Node and Links 24
Set the default action taken on clicking a Node\Link. 25
Align Node Descriptions. 25
Set Node Description Colour 25
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Saving Configuration Set-up 25
Using a NetWatch Visual 25
View Node Alarms 25
View Node Reports 25
Using Node Tools Submenu 25
View Traffic between 2 Nodes 26
Node Colour Code System 26
Link Colour Code System 26
CHAPTER 4- THE ALERTING SYSTEM 27
How NetWatch Alerting Works 27
What Can Trigger an Alert? 27
Device Alerts 27
Service Alerts 27
Receiving Alerts 28
Web Based Reports 28
Email 28
SMS 28
Syslog 28
Setting up Alert Controllers 29
Syslogs and NetWatch 32
Enabling Syslog Reception 32
Syslog Severity/Priorities and Reporting 32
Configuring Devices to Send Syslogs to NetWatch 32
CHAPTER 7: UTILITIES 33
Backing up the database from the web interface 33
Manual backup of maps and database 33
Restoring from a backup 33
NetWatch Security 33
Search visuals for specific IP addresses 33
Setting up a licence 34
Logs 34
Manual 34
Status 34
CHAPTER 8: SERVICES, DISCOVERY AND POLLING 35
How NetWatch services work 35
Discovery 35
The SNMP Interface Test service 35
The TCP Port Status service 37
The Ping Response Test service 38
Response Time Graphing 38
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User’s Guide – version 1.6 NetWatch
The Receive SNMP Notifications service 38
Configuring services 38
CHAPTER 9: SECURITY 39
Levels of Security 39
Enabling Security 39
APPENDIX A: SNMP 40
MIBs 40
OIDs 40
Communities 40
Notifications 41
The Windows snmptrap.exe service 41
Windows 2000 41
Windows NT 41
Configuring SNMP on a Cisco Router 42
Further Information 42
APPENDIX B: NETWATCH AND IIS 44
APPENDIX C: INTEGRATING NETWATCH AND NETFLOW TRACKER 46
APPENDIX D: AUTO DISCOVERY 47
Discovery Methods 47
CDP Discovery 47
Route Table Discovery 47
Discovery Filters 47
Network Filters 47
IP Address Range Filters 48
APPENDIX E: THIRD PARTY SOFTWARE 49
jspSmartUpload 49
MySQL 49
Jakarta Tomcat 49
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User’s Guide – version 1.6 NetWatch
Chapter 1 – Introduction
Overview
NetWatch is a web based management product that provides a very detailed amount
of network information through an intuitive, easy to understand graphical interface.
Key Product Features
Monitors Network devices reporting on status, alerts and utilisation.
Provides a graphical representation of the network where devices are
represented as nodes connected by lines on a user definable background.
Generates status change and response time alerts via email, SMS, network
popup etc.
Allows multiple backgrounds/ maps and easy positioning of devices.
Includes user definable Bandwidth monitor
Ships with internal Syslog server and SNMP trap receiver.
Can be supplied as a hardware solution or installed direct from CD.
Minimum System Requirements
IBM Compatible PC Pentium III
256 MB RAM
10 GB Hard Disk Space
MS Windows NT 4.0 SP6, Win2K, Win XP
800X600 256 colour adaptor and monitor
IE 6.0 or greater.
LAN Adapter
Installing NetWatch
Open the CDROM drive from windows explorer.
If the CD does not auto-run then: Click on the icon named ‘setup.exe’ to start
installing NetWatch.
The install shield wizard allows you to choose which port the netwatch web server
runs on. The standard and default web server port is port 80. However if another
application is running on port 80 (E.g. IIS) you should install the netwatch web
server on a different port.
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User’s Guide – version 1.6 NetWatch
NetWatch uses the MySQL database to store configuration and historical
information. This is the largest part of NetWatch, so you may wish to install it on
a drive other then your system drive. To do this select "custom" from the set-up
type screen. Then choose "MySQL" and change the destination drive/directory.
When the installation completes NetWatch will be successfully installed and can
be used by accessing the User Interface.
Accessing the User Interface
After NetWatch is installed and running you can access the user interface of
NetWatch by pointing a web browser to the machine running NetWatch. If you chose
a port other than port 80 during installation you must specify it in the URL, e.g. to
access NetWatch running on port 8080 on the local machine, go to:
http://127.0.0.1:8080/
Once NetWatch is successfully installed, NetWatch and all its related components are
installed as services. These services can be stopped and started accordingly using the
NetWatch Service Manager. The details of the services are below:
Service Details
NetWatch System service can be Stopped / Started
MySQL Database service can be Stopped / Started
Tomcat Web Server service can be Stopped / Started
Architecture Overview.
NetWatch is a completely web based network management tool. Using its
unique web front-end, services on network devices can be configured and monitored
from anywhere on a local LAN or on the Internet.
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User’s Guide – version 1.6 NetWatch
NetWatch Monitoring System
The monitoring system is the core element within NetWatch. It performs the work of
monitoring the status of the services provided by a device and keeps track of the
amount of traffic going in and out of various channels on that device. It also acts as a
receiver to SNMP traps and syslog messages, which are generated by various network
devices.
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