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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GOVERNMENT NOTICE
If the Software or any related documentation is acquired by or for an agency of the U.S. Government, the Software and
documentation shall be considered “commercial computer software” or “commercial computer software documentation”
respectively, as those terms are used in 48 CFR §12.212, 48 CFR §227.7202, or 48 CFR §252.227-7014, and are licensed with
only those rights as are granted to all other licensees as set forth in this Agreement.
TERM
The license granted herein is effective until terminated. The license may be terminated by You at any time upon written notice to
Tektronix. The license may be terminated by Tektronix if You fail to comply with any term or condition and such failure is not
remedied within fifteen (15) days after notice hereof from Tektronix. Upon termination by either party, You shall return to
Tektronix or destroy, the Software and all associated documentation, together with all copies in any form.
IF YOU TRANSFER, DISTRIBUTE, OR OTHERWISE MAKE AVAILABLE ANY COPY, MODIFICATION, OR MERGED
PORTION OF THE SOFTWARE WITHOUT THE AS EXPRESS PERMISSION OF THESE TERMS AND CONDITIONS OR
PRIOR WRITTEN CONSENT OF TEKTRONIX, YOUR LICENSE WILL BE IMMEDIATELY AND AUTOMATICALLY
TERMINATED.
LIMITED WARRANTY
Tektronix does not warrant that the functions contained in the Software will meet Your requirements or that the operation of the
Software will be uninterrupted, secure, or error-free.
EXCEPT AS SEPARATELY PROVIDED IN A WRITTEN WARRANTY FROM TEKTRONIX, THE SOFTWARE IS PROVIDED
“AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND
NON-INFRINGEMENT.
THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT
MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,
PERSONAL INJURY OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY "HAZARDOUS ACTIVITIES").
TEKTRONIX AND ITS AFFILIATES, LICENSORS, AND RESELLERS EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HAZARDOUS ACTIVITIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TEKTRONIX, ITS AFFILIATES, LICENSORS, OR RESELLERS BE LIABLE FOR: (1) ECONOMICAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER CLAIMED
UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, (2) LOSS OF OR DAMAGE TO YOUR DATA OR
PROGRAMMING, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS ARISING FROM THE
USE OF (OR INABILITY TO USE) THE SOFTWARE, (3) PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, (4)
ANY DAMAGE, CLAIMS, OR LOSSES RESULTING FROM THE USE OF THE SOFTWARE IN CONJUNCTION WITH OTHER
PRODUCTS OR SERVICES (INCLUDING THIRD-PARTY PRODUCTS OR SERVICES); OR (5) INDEMNIFICATION OF YOU
OR OTHERS FOR COSTS, DAMAGES, OR EXPENSES RELATED TO THE GOODS OR SERVICES PROVIDED UNDER
THIS LIMITED WARRANTY, EVEN IF TEKTRONIX OR ITS AFFILIATES, LICENSORS, OR RESELLERS HAVE ADVANCE
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL TEKTRONIX TOTAL AGGREGATED
LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED THE AMOUNT RECEIVED
BY TEKTRONIX FROM YOU FOR THE SOFTWARE OR EQUIPMENT.
You are solely responsible for Your data. You must back up Your data before Tektronix or a third party performs any remedial,
upgrade, or other work on Your systems, including any Equipment. If applicable law prohibits exclusion of liability for lost data,
then Tektronix will only be liable for the cost of the typical effort to recover the lost data from Your last available back up.
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SECURITY DISCLAIMER
This Software and its associated Equipment are not designed or intended to be used with unsecure networks. You acknowledge
that use of the Equipment may rely upon certain networks, systems, and data communication mediums that are not controlled
by Tektronix and that may be vulnerable to data or security breaches, including, without limitation, internet networks used by
Your internet providers and the databases and servers controlled by Your internet providers. Tektronix shall not be liable for any
such breaches, including without limitation, damages and/or loss of data related to any security breach, and disclaims all
warranties, including any implied or express warranties that any content will be secure or not otherwise lost or altered.
For the avoidance of doubt, if You choose to connect this Software or Equipment to a network, it is Your sole responsibility to
provide and continuously ensure a secure connection to that network. You agree to establish and maintain appropriate
measures (e.g., firewalls, authentication measures, encryption, anti-virus applications, etc.) to protect the Software and
Equipment and any associated data against security breaches including unauthorized access, destruction, use, modification, or
disclosure. Notwithstanding the foregoing, You shall not use any Products in a network with other products or services that are
incompatible, insecure or not compliant with applicable laws.
THIRD-PARTY DISCLAIMER
The Software may contain software owned by third parties and obtained under a license from those parties (“Third Party
Software”). Your use of such Third Party Software is subject to the terms and conditions of this Agreement and the applicable
Third Party Software licenses. Except as expressly agreed otherwise, third parties do not warrant the Third Party Software, do
not assume any liability with respect to its use, and do not undertake to furnish any support or information relating thereto.
GENERAL
Unless the Customer is the United States Government, this Agreement contains the entire agreement between the parties with
respect to the use, reproduction, and transfer of the Software, and shall be governed by the laws of the state of Oregon.
You shall be responsible for any taxes that may now or hereafter be imposed, levied or assessed with respect to the possession
or use of the Software or the rights and licenses granted under this Agreement, including any sales, use, property, value added,
and excise taxes, and similar taxes, duties, or charges.
Any waiver by either party of any provision of this Agreement shall not constitute or be deemed a subsequent waiver of that or
any other portion.
You may not assign this Agreement or any right or obligation under this Agreement, or delegate any performance, without
Tektronix prior written consent. This section does not prohibit You from transferring the Equipment in accordance with
Subsections 3 and 4 of the Section titled “You may” above.
All questions regarding this Agreement should be directed to the nearest Tektronix Sales Office.
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