Tektronix End User License Agreement User manual

Tektronix Inc.

Tektronix End User License Agreement

14150 Karl Braun Dr Portland, OR 97077 1-800-833-9200
tek.com/keithley
Tektronix End User License Agreement
This End User Agreement (“Agreement”) is an agreement between Tektronix, Inc., and its corporate affiliates, subsidiaries, and divisions as applicable (collectively, “Tektronix,” “we,” “us,” or “our”) and You (including any entity or organization you represent, collectively, “Customer” or “You”). Please read this Agreement carefully as this Agreement governs the terms and conditions under which You are permitted to use Tektronix software and services.
THE SOFTWARE, ENCODED OR INCORPORATED WITHIN EQUIPMENT OR ACCOMPANYING THIS AGREEMENT, IS FURNISHED SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, BY SELECTING AN "ACCEPT” OR SIMILAR BUTTON IN A SOFTWARE MENU, OR BY RETAINING THE SOFTWARE FOR MORE THAN THIRTY DAYS OR USING THE SOFTWARE IN ANY MANNER YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF YOU ARE A REPRESENTATIVE FOR A CORPORATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND SUCH ENTITY TO ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, TEKTRONIX WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE. UNITED STATES GOVERNMENT CUSTOMERS OR END-USERS MAY REQUEST A GOVERNMENT ADDENDUM TO THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT TO ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF TEKTRONIX’S SOFTWARE. THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHTS CONCERNING SUCH ILLEGITIMATE COPIES.
IF THESE TERMS ARE NOT ACCEPTABLE, THE UNUSED SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION SHOULD BE RETURNED PROMPTLY TO TEKTRONIX (WITHIN 30 DAYS OF PURCHASE) FOR A FULL REFUND OF THE LICENSE FEE PAID. (FOR INFORMATION REGARDING THE RETURN OF SOFTWARE ENCODED OR INCORPORATED WITHIN EQUIPMENT, CONTACT THE NEAREST TEKTRONIX SALES OFFICE.)

DEFINITIONS

"Equipment" means Tektronix equipment that the Software is encoded or incorporated within or installed onto.

LICENSE

Subject to the terms and conditions of this Agreement, Tektronix grants You a non-exclusive, non-transferable license to the Software, as follows

You may:

1. Use the Software with the Equipment, or if the Software is not encoded or incorporated in any Tektronix equipment, on no more than one machine at a time; and
2. Copy the Software for archival or backup purposes, provided that no more than one (1) such copy is permitted to exist at any one time, and provided that each copy includes a reproduction of any patent or copyright notice or restrictive rights legend that was included with the Software, as received from Tektronix;
3. Fully transfer the Equipment to a third party but only if prominently accompanied by this End User License Agreement, and such third-party recipients agree to be bound by the terms of this Agreement; and
4. Integrate Tektronix products that contain the Software into a system and sell or distribute that system to third parties, provided that those third parties are bound by the terms of this Agreement, and provided that You (i) do not separate the Software from any Equipment it is incorporated into, (ii) do not retain any copies of the Software, and (iii) do not modify the Software.
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Tektronix End User License Agreement

You may not:

1. Use the Software other than for its intended purpose as provided above in the section “You may,” or in conflict with the terms and restrictions of this Agreement;
2. Distribute or transfer the Software to any person or organization outside of Your organization without Tektronix prior written consent, except in connection with a permitted use authorized in “You may” paragraphs 3 or 4 above;
3. Decompile, decrypt, disassemble, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how, or other information (collectively “Reverse Engineer”) from the Software or permit or induce any third party to do so, except to the limited extent allowed by directly applicable law or third party license (if any), and only to obtain information necessary to achieve interoperability of independently created software with the Software;
4. Modify, translate, adapt, or create derivative works of the Software, or merge the Software with any other software;
5. Copy the documentation accompanying the Software;
6. Remove any copyright, trademark, or other proprietary notices from the Software or any media relating thereto; or
7. Export or re-export, directly or indirectly, the Software or Equipment, any associated documentation, or systems created in accordance with “You may” section 4 above, to any country to which such export or re-export is restricted by law or regulation of the United States or any foreign government having jurisdiction without the prior authorization, if required, of the Office of Export Administration, Department of Commerce, Washington, D.C. and the corresponding agency of such foreign government;
8. Use the Software or Equipment in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other proprietary rights of any person, or any applicable laws;
9. Use the Software or Equipment in a network or system with other products or services that are incompatible, insecure or not compliant with applicable laws;
10. Bypass, circumvent, damage or otherwise interfere with any security or other features of the Software or Equipment designed to control the manner in which they are used, or harvest or mine Tektronix proprietary content or information from the Software or Equipment.
THE SOFTWARE MAY NOT BE USED, COPIED, MODIFIED, MERGED, OR TRANSFERRED TO ANOTHER EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS.

FEEDBACK

If you provide feedback to Tektronix concerning the functionality and performance of the Software or Equipment, including without limitation identifying potential errors and improvements, any comments, questions, suggestions, or the like ("Feedback"), Tektronix is free to use such Feedback without any attribution, compensation, or restriction in any manner to improve or enhance its products, irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby grant Tektronix an irrevocable, worldwide, perpetual, royalty-free license to use Your Feedback for any purpose whatsoever and waive any moral rights You may have in the Feedback. Tektronix is not obligated to use Your Feedback.
Ownership
Title to the Software and all copies thereof, but not the media on which the Software or copies may reside, shall remain with Tektronix or others from whom Tektronix has obtained a respective licensing right.
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