FLUKE CONNECT
END USER LICENSE AGREEMENT (EULA) AND SERVICES AGREEMENT
This End User License Agreement (EULA) and Services Agreement ("Agreement") governs your use of the Fluke Connect application (the "Licensed Application") and associated Fluke Connect services, including hosting, cloud storage and data processing services and access to the Fluke Connect services through the Licensed Application and the Fluke Connect website (collectively, the "Services"), that are provided by Fluke Electronics Corporation and certain subsidiaries or affiliates (collectively, "Fluke" or "we" or "us"). This Agreement is a binding agreement between you and Fluke Electronics Corporation, and not with Apple Inc. Fluke Electronics Corporation, not Apple Inc., is solely responsible for the Licensed Application and the content thereof and for the Services.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE LICENSED APPLICATION AND THE SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT IN YOUR WORK OR BUSINESS CAPACITY OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THE TERMS OF THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL ALSO REFER TO THE COMPANY OR ENTITY WHICH YOU REPRESENT OR ARE EMPLOYED BY, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES. BY CLICKING THE "CREATE ACCOUNT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT ON YOUR OWN BEHALF AND, AS APPLICABLE, ON BEHALF OF THE COMPANY OR ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, OR USE THE LICENSED APPLICATION OR ANY OF THE SERVICES. PLEASE NOTE THAT, IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHT OR LICENSE TO ACCESS OR USE THE SERVICES.
The Licensed Application is meant to be used in conjunction with "Fluke Connect"-enabled tools and will collect information from both "Fluke Connect"-enabled tools and users of "Fluke Connect"-enabled tools. The Licensed Application and the Fluke Connect website are intended for use only with the Services. By using the Licensed Application or the Fluke Connect website, you are using the Services.
The information that is collected through the Licensed Application and the Services will be used and shared for various purposes. For more information about how we collect, use, and share information about your use of the Licensed Application or the Services, please refer to this Agreement. For more information about how we collect, use, and share information about users of the Licensed Application and the Services, please refer to our Privacy Policy.
This Agreement is separated into three parts. Part I sets forth terms related to the Licensed Application, Part II sets forth terms related to the Services, and Part III sets forth general terms that are applicable to both the Licensed Application and the Services.
PART I: TERMS RELATED TO THE LICENSED APPLICATION
I.1. Ownership of Licensed Application. The Licensed Application is the valuable property of Fluke and our licensors and is protected by copyright and other intellectual property laws and treaties. Fluke, and our licensors, own all right, title and interest in and to the Licensed Application, including all copyright and other intellectual property rights therein.
I.2. License for the Licensed Application. The Licensed Application is licensed, not sold. Subject to the terms and conditions of this Agreement, Fluke grants you a limited, non-exclusive, non-transferable license to install and use the Licensed Application on certain iOS products (each, a "Device") that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (the “Usage Rules”). The terms of this license will govern any upgrades provided by Fluke that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that separate license will govern.
I.3. License Restrictions. The license granted to you under Section I.2 of this Agreement does not allow you to do any of the following: (a) use the Licensed Application on any Device you do not own or control; (b) distribute, copy, license, rent, sell, publish, lease or otherwise transfer the Licensed Application (except as expressly permitted by this Agreement or the Usage Rules) or any proprietary materials of Fluke to any third party; (c) reverse engineer, decompile, disassemble, or attempt to discover any source code or trade secrets related to the Licensed Application or any proprietary materials of Fluke; (d) modify, alter or create any derivative works of the Licensed Application or based on any proprietary materials of Fluke; (e) remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in the Licensed Application; (f) work around any technical limitations in the Licensed Application; or (g) use the Licensed Application for purposes for which it was not designed. Unless explicitly stated herein or otherwise by Fluke, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
I.4. Support Services. Fluke is not obligated to provide any support or maintenance services for the Licensed Application at this time. If you have any questions regarding the Licensed Application, please contact us at fluke-info@fluke.com. Apple Inc. has no obligation whatsoever to furnish any support or maintenance services with respect to the Licensed Application.
I.5. Product Claims. Fluke, not Apple Inc., is responsible for addressing any questions, comments or claims relating to the Licensed Application or your possession and use of the Licensed Application, including but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to the applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. If you have any questions or comments, please contact Fluke at:
Fluke Electronics Corporation
Attn: Chief Counsel P.O. Box 9090
MS-203A
Everett, Washington 98206-9090
Email: legal@fluke.com
PART II: TERMS RELATED TO THE SERVICES
II.1. Registration; Account. In order to access and use the Services, you will be required to register for an account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. Fluke reserves the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name. In consideration of your use of the Services, you agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Services.
II.2. Equipment. You are solely responsible for providing and maintaining at your own expense all "Fluke Connect"-enabled tools, equipment, software, services, and other items necessary to use the Services (including without limitation any computer or device hardware or software, modems, telephone service, and Internet access).
II.3. Ownership of the Services. Unless otherwise indicated through the Services or otherwise by Fluke, the Services and all content and other materials therein provided by Fluke or its third-party licensors, including, without limitation, the Fluke logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content"), are the proprietary property of Fluke or our licensors, as applicable, and are protected by U.S. and international copyright laws.
II.4. License for the Services. The Services are licensed, not sold. Subject to the terms and conditions of this Agreement, Fluke grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your use with "Fluke Connect"-enabled tools and in the regular course of your work.
II.5. License Restrictions. The license granted to you under Section II.4 of this Agreement does not include: (a) any resale of the Services or Content therein; (b) the collection and use of any product or service listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, Content or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or Content other than for their intended purposes. Unless explicitly stated herein or otherwise by Fluke, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
II.6. Connect Content. The Services include features and areas in which you or other users may create, upload, transmit or store information about the "Fluke Connect"-enabled tools or about you or other users, including but not limited to text, sound, photos, videos, graphics, code, items or materials (collectively, "Connect Content"). You understand that your Connect Content may be viewable by others, including other users on your Team or with whom you have elected to share Connect Content. You agree that you are solely responsible for your Connect Content and for your use of such interactive features and areas, and that you use them at your own risk.
By using the interactive areas of the Services, you agree not to create, upload, transmit, store, distribute or otherwise publish through the Services any of the following:
Connect Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Connect Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Connect Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or transmitting any Connect Content, you represent and warrant that you have the lawful right to distribute and reproduce such Connect Content;
Connect Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Connect Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; or
Connect Content that, in the sole judgment of Fluke, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Fluke or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by this Agreement and will not:
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Fluke is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is Fluke responsible or liable for any associated loss, damage, injury or harm. As a provider of interactive services, Fluke is not liable for any statements, representations or Connect Content provided by our users through the interactive area of the Services. Although Fluke has no obligation to screen, edit or monitor any Connect Content, Fluke reserves the right, and has absolute discretion, to remove, screen or edit any Connect Content uploaded to or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Connect Content you upload, transmit or store on the Services at your sole cost and expense. Any use of the Services in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Licensed Application and the Services.
II.7. Rights in Connect Content. You retain all ownership rights in the Connect Content you submit to Fluke through the Services. By uploading or transmitting Connect Content through the Services, you grant Fluke a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use the Connect Content, in whole or in part, throughout the world to provide, maintain and improve the Services and Fluke's other products and services. By uploading or transmitting Connect Content to the Services, you represent and warrant that (a) such Connect Content is not subject to any third-party confidentiality obligations; (b) you own and control all of the rights to the Connect Content that you create, upload or transmit or you otherwise have all necessary rights to create, upload or transmit such Connect Content to the Services; (c) the Connect Content is accurate and not misleading or harmful in any manner; and (d) the Connect Content, and your use, uploading and transmitting thereof, does not and will not violate this Agreement or any applicable law, rule or regulation.
II.8. Additional Terms Related to Service Plans. If you purchase a subscription to use certain features or functionalities of the Services ("Service Plan"), you will be subject to additional terms related to the Service Plan you select. You agree to pay all costs associated with your Service Plan, as set forth in our Service Plan Pricing. All such additional terms related to subscriptions to use certain features or functionalities of the Services are hereby incorporated into this Agreement by reference. In the event of any conflict between this Agreement and such additional terms, the additional terms shall govern.
II.9. Payment Terms Related to Service Plans. Fluke may offer one or more payment options to you, such as one-time payments to pay for one-time services or recurring automatic payments to pay for Service Plans. When you place an order for a one-time service, you authorize Fluke to charge the credit card, debit card, or other payment method you designate for the total amount of your order (including any taxes or other charges). For recurring automatic payments, you authorize Fluke to charge your designated payment method in the applicable amount of the Service Plan you select for the duration of your Service Plan. To make automatic recurring payments for the Service Plan, you must maintain your information regarding a current designated payment method at all times. You may revoke your authorization for future automatic recurring payments at any time by modifying your payment options according to the cancellation process set forth in our Service Plan Pricing. Notwithstanding the foregoing, you authorize Fluke to charge your designated payment method in the amount of any outstanding balance that may be due to Fluke upon cancellation of your Service Plan, the Services, or this Agreement. Any disputes to charges under this Agreement must be made within the time period set forth in our Service Plan Pricing, and you accept all charges not disputed within this period. Any amounts not paid when due will bear interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less, computed and compounded daily until the date paid. You are responsible for any additional amounts incurred by Fluke or others associated with collecting any overdue payments.
II.10. Suspension or Termination For Non-Payment. Fluke may suspend or terminate, in its sole discretion, your Service Plan and your access to or use of the Services if you fail to pay any amounts due for your Service Plan.
PART III: GENERAL TERMS
III.1. Eligibility. The Licensed Application and the Services are not targeted towards, nor intended for use by, anyone under the age of 18. By accepting the terms of this Agreement, you represent and warrant that you (a) are 18 years of age or older; and (b) have the right, capacity, and authority to accept and be bound by this Agreement and that, in doing so, you will not violate any other agreement to which you are a party.
III.2. Confidentiality. Fluke agrees to treat the Connect Content as your confidential information and will use the Connect Content only for the purposes of performing its obligations under this Agreement and for the purposes set forth in this Agreement.
III.3. Rights In and Consent to Collect and Use Data. You agree that Fluke may collect the Connect Content and any information associated with the Connect Content or your use of the Licensed Application and the Services, including but not limited to information about your access to and use of the Licensed Application and the Services, computer or Device, system and application software, and peripherals, that are gathered in connection with Fluke's provision of the Licensed Application, the Services, software updates, product support, and other services related to the Licensed Application and the Services. You agree that Fluke may use this information and information about you to: (a) provide, maintain, and improve the Services and Fluke's other products and services; (b) communicate with you about products, services, offers, surveys, contests, promotions, rewards and events offered by Fluke and others; (c) provide news and information Fluke thinks will be of interest to you; (d) personalize the Services and provide advertisements, content, or features that match user profiles and interests; (e) monitor and analyze trends, usage, and activities in connection with the Services; and (f) respond to your questions, comments, and requests.
III.4. Sharing of Data. You agree that Fluke may share the Connect Content and any information associated with the Connect Content or your use of the Licensed Application and the Services as follows: (a) with Fluke's parent company, Danaher Corporation, and other entities within the Fluke corporate family; (b) with distributors, resellers, and channel partners in connection with our provision, maintenance, or improvement of the Services and for their own marketing purposes; (c) with vendors, consultants, and other service providers who need access to such information to carry out work on Fluke's behalf; (d) in response to a request for information if Fluke believes disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation; (e) if Fluke believes your actions are inconsistent with this Agreement, or to protect the rights, property and safety of Fluke or others; (f) in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of Fluke's business to another company; and (g) with your consent or at your direction.
III.5. Aggregated Data. You agree that Fluke may aggregate all or any portion of the Connect Content and any information associated with the Connect Content or your use of the Licensed Application and the Services (collectively, "Aggregated Data"). Fluke shall own exclusive rights, including all intellectual property rights, in and to the Aggregated Data and shall be entitled to the unrestricted use and sharing of the Aggregated Data for any purpose, commercial or otherwise.
III.6. Trademarks. "Fluke," "Fluke Connect" and the Fluke logo and any other Fluke product or service names, logos or slogans that may appear in the Licensed Application or on the Services are trademarks of Fluke in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Fluke. Third-party marks appearing in the Licensed Application or on the Services are owned by their respective companies and may not be used without permission of the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing "Fluke" or any other name, trademark or product or service name of Fluke without our prior written permission. In addition, the look and feel of the Licensed Application and the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Fluke and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Licensed Application or on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Fluke.
III.7. Third-Party Content. Fluke may provide third-party content in the Licensed Application or on the Services and may provide links to web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information. Fluke does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Fluke is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.
III.8. Advertisements and Promotions; Third-Party Products and Services. Fluke may display advertisements and promotions from third parties in the Licensed Application or on the Services or may otherwise provide information about or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Fluke is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information in the Licensed Application or on the Services.
III.9. Feedback. You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Fluke, the Licensed Application, or the Services (collectively, "Feedback"). Feedback, whether submitted through the Licensed Application, the Services or otherwise, is non-confidential and shall become the sole property of Fluke. Fluke shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
III.10. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) THE LICENSED APPLICATION AND THE SERVICES MAY CONTAIN BUGS, ERRORS, AND DEFECTS; (B) USE OF THE LICENSED APPLICATION AND THE SERVICES IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE LICENSED APPLICATION AND THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. FLUKE DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE LICENSED APPLICATION, THE SERVICES AND THEIR PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. FLUKE SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE LICENSED APPLICATION, THE SERVICES OR ANY SERVICE THAT THE LICENSED APPLICATION IS INTENDED TO ACCESS OR FOR ANY LOSS OF DATA. FLUKE DOES NOT WARRANT THAT THE LICENSED APPLICATION OR THE SERVICES WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (“FAULTS”) OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLUKE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IN THE EVENT THAT THE LICENSED APPLICATION OR THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLE INC. HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION OR THE SERVICES AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE LICENSED APPLICATION.
The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.
III.11. Indemnification. You agree to defend, indemnify, and hold harmless Fluke, its affiliates, independent contractors and service providers, and each of their respective members, directors, offices, employees and agents ("Representatives") from and against all claims, damages, costs, liabilities and expenses (including but not limited to reasonable attorneys' fees) arising out of or related to your use of, or inability to use, the Licensed Application or the Services. In the event of any claim that the Licensed Application, or your possession or use thereof, or the Services infringe any intellectual property rights of a third party, you agree to contact Fluke directly, and Apple Inc. will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Fluke will, at its option and expense, terminate the license granted herein, settle, or defend the claim.
III.12. Limitation of Liability. FLUKE AND ITS REPRESENTATIVES SHALL HAVE NO LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, EVEN IF FLUKE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER ONLY DIRECT DAMAGES FOR THE GREATER OF $10.00 OR THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION OR THE SERVICES. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THOSE LAWS APPLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
III.13. Transfer and Processing of Data. By installing, accessing and using the Licensed Application and by accessing and using the Services, you agree to the processing and transfer of information in and to the U.S. and other countries.
III.14. No Export. You may not use or otherwise export or re-export the Licensed Application or any content contained therein, except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application or any content was obtained. In particular, but without limitation, the Licensed Application and the content contained therein may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list.
III.15. Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable laws and regulations, including U.S. export control laws, and all applicable third-party terms or agreements in the use of the Licensed Application and the Services.
III.16. Commercial Items. If acquired by any agency of the United States government, such agency acknowledges that (a) the Licensed Application constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable and (b) such agency's rights are limited to those specifically granted under this Agreement.
III.17. Third-Party Beneficiaries. Apple Inc. and Apple Inc.'s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
III.18. Termination of the Licenses. Any use of the Licensed Application, the Services or Content other than as specifically authorized under this Agreement, without the prior written permission of Fluke, is strictly prohibited and will terminate the licenses granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. The licenses granted under this Agreement are revocable at any time.
III.19. Termination of the Agreement. You may terminate this Agreement at any time by (a) ceasing use of the Licensed Application and the Services and (b) deleting all copies of the Licensed Application in your possession or control. Fluke reserves the right to change, suspend, remove, discontinue, or disable access to the Licensed Application and the Services at any time, with or without notice, and to terminate your license to use the Licensed Application and the Services at any time, for any or no reason. In the event of termination, the licenses granted to you herein will automatically terminate and you must immediately cease all use of the Licensed Application and the Services and destroy all copies of the Licensed Application within your possession or control.
III.20. Survival. Sections I.1, I.3, I.5, II.3, II.5-II.10, III.2-III.17, and III.20-III.23 of this Agreement shall survive any termination of this Agreement.
III.21. Modifications. Fluke reserves the right to modify or discontinue, temporarily or permanently, the Licensed Application or the Services (or any features or portions thereof) without prior notice. You agree that Fluke will not be liable for any modification, suspension or discontinuance of the Licensed Application or the Services (or any part thereof).
III.22. Governing Law; Jurisdiction. This Agreement is governed by the laws of the State of Washington, without regard to its choice of law principles. You hereby irrevocably consent to jurisdiction of the state and federal courts located in King County, Washington with respect to any proceeding regarding this Agreement or the Licensed Application. You will not prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement or the Licensed Application except in such courts.
III.23. Miscellaneous. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be deemed to be restated to reflect the original intention of the parties to the maximum extent possible and in accordance with applicable law, and the remaining provisions, terms, covenants, and restrictions of this Agreement will remain in full force and effect. You may not assign this Agreement or any of your rights under this Agreement without the prior written consent of Fluke, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by Fluke and our respective successors and assigns. Any failure by Fluke to insist upon or enforce performance by you of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and shall remain in full force and effect. This Agreement does not create any reasonable expectation or promise that the Services will not contain any content that is prohibited by this Agreement. This Agreement, and the terms and policies incorporated by reference, sets forth the entire agreement between you and Fluke with respect to your use of the Licensed Application.
III.24. Developer Name and Address. If you have any questions, complaints, or claims with respect to the Licensed Application or the Services, please contact us at:
Fluke Electronics Corporation
Attn: Chief Counsel P.O. Box 9090
MS-203A
Everett, Washington 98206-9090
Email: legal@fluke.com