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"Aggregated Statistics” means data and information related to Customer's use of the Services that is used by Tektronix in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
"Customer" or “You” means the corporation or legal entity, or individual person in whose name the Services were ordered.
“Export Laws” means United States export controls and economic sanctions laws, regulations and orders, including the Export Administration Regulations, 15 CFR Parts 730-774 and laws, regulations, and orders administered by the Office of Foreign Assets Control, Department of the Treasury, as well as any similar export control and economic sanctions laws, regulations, and orders issued or administered by governmental authorities with jurisdiction over locations where the Services are provided or used.
“Feedback” means any feedback or suggestions concerning the functionality or performance of the Services, or any part thereof.
“Initial Term” means the period of time that You paid for when purchasing the Services.
“Provider IP” means all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including Aggregated Statistics and any information, data, or other content derived from Tektronix’s monitoring of Your access to or use of the Services.
“Services” means the Sites and any Application Program Interfaces for accessing the Sites.
“Sites” means the websites located at tekcloud.com including any subdomains.
"Tektronix" means Tektronix, Inc.
“TekDrive the website located at drive.tekcloud.com
“TekScope the website located at scope.tekcloud.com
"User Content” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted to, used with, posted to, or otherwise transmitted through or submitted to the Services by You or on Your behalf.
1.1 Account Creation.In order to use certain features of the Sites, You must register for an account (“Account”) and provide certain information about Yourself as prompted by the account registration form. You represent and warrant that:
- (a) all required registration information you submit is truthful and accurate;
- (b) You will maintain the accuracy of such information. You may delete Your Account at any time, for any reason, by following the instructions on the Sites. Tektronix may suspend or terminate Your Account in accordance with Section 10.
1.2 Account Responsibilities.You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Tektronix of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. Tektronix cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
1.3 Account Access.Your login may only be used by one person - a single login shared by multiple people is not permitted.
2. Access To The Site
2.1 Access Rights.Subject to these Terms, Tektronix grants You a non-transferable, non-exclusive, revocable, limited right to use and access the Sites for Your own personal or commercial use, subject to the restrictions in Section 2.2 below.
2.2 Certain Restrictions.The rights granted to you in these Terms are subject to the following restrictions:
- (a) You shall not (1) modify; (2) make derivative works of; or (3) disassemble, reverse compile or Reverse Engineer, decrypt, or otherwise attempt to derive source code, techniques, processes, algorithms, know-how, or other information from any part of the Sites or Services;
- (b) You shall not access the Sites in order to build a similar or competitive website, product, or service; and
- (c) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Sites shall be subject to these Terms. All copyright and other proprietary notices on the Sites (or on any content displayed on the Sites) must be retained on all copies thereof.
2.3 Modification.Tektronix reserves the right, at any time, to modify, suspend, or discontinue the Sites (in whole or in part) with or without notice to You. You agree that Tektronix will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Sites or any part thereof.
2.4 No Support or Maintenance.You acknowledge and agree that Tektronix will have no obligation to provide You with any support or maintenance in connection with the Services, unless explicitly called out in the additional terms and conditions for that Service, or in another written document.
2.5 Ownership.Excluding any User Content that You may provide, You acknowledge that all the Provider IP is owned by Tektronix or Tektronix’s suppliers. Neither these Terms (nor Your access to the Sites) transfers to You or any third party any rights, title or interest in or to such Provider IP, except for the limited access rights expressly set forth in Section 2.1. Tektronix and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3. Aggregated Statistics
- Tektronix and its affilates may monitor Your User Content and use of the Services, and collect and compile Aggregated Statistics. Tektronix may use Aggregated Statistics in any form for any lawful purpose without compensation, attribution, or permission. As between Tektronix and You, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Tektronix. You acknowledge that Tektronix may compile Aggregated Statistics based on User Content input into the Services and agree that Tektronix may use this information: (a) as necessary to provide and maintain functions of the Software and related services or (b), for other purposes, but only if You opt-in or otherwise agree to those purposes.
- You agree that Tektronix may (1) make Aggregated Statistics publicly available in compliance with applicable law, and (2) use Aggregated Statistics with Your permission or to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify You or Your confidential information.
4. Payment Terms
4.1 Payment InformationAll paid plans must enter a valid payment account or have otherwise paid all fees upfront. Free accounts are not required to provide payment account information. Except as expressly provided herein, all payment obligations are noncancelable and all sums paid are non-refundable. Additional payment terms for a Service, if any, are set out in the specific terms for that Service.
4.2 Taxes, Levies, and DutiesAll fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
5. User Content
5.1 User Content.As between Tektronix and You, You own all right, title, and interest, including all intellectual property rights, in and to Your User Content. You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that personally identifies You or any third party. You hereby represent and warrant that Your User Content does not violate our Acceptable Use Policy (defined in Section 5.2). You may not represent or imply to others that Your User Content is in any way provided, sponsored or endorsed by Tektronix. Because You alone are responsible for Your User Content, You may expose Yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. Tektronix is not obligated to backup any User Content, and Your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining Your own backup copies of Your User Content if You desire. Tektronix reserves the right to review any User Content to determine whether it complies with the Acceptable Use Policy, and to investigate and/or take appropriate action if You violate the Acceptable Use Policy.
- You will, to the extent that the User Content contains personal information and/or sensitive personal information about an individual (including Your employees or contractors), procure from that individual all necessary consents required by law to enable that information to be used by Tektronix and its agents. Tektronix shall not be obligated to obtain any such consent and shall not be liable to any individual for Your failure to obtain any such consent as required by law.
- Certain aspects of the Services may require Tektronix to copy, distribute, display, or take other acts with respect to Your User Content. You hereby grant Tektronix a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display Your User Content for the sole purpose of providing the Services to You, and to perform all acts with respect to Your User Content as may be necessary to provide the Services to You.
- If Tektronix is divested, sold, separated or otherwise no longer affiliated with, or under common control of, its parent company or Fortive, Inc., a copy of all data including User Content and Aggregated Statistics shall remain with the parent company and Fortive, Inc. along with all the same rights, title and obligations as Tektronix as set forth herein.
- TEKTRONIX HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF USER CONTENT.
5.2 Acceptable Use Policy.
The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content that:
- (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
- (iii) is harmful to minors in any way; or
- (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
- (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
- (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means;
- (vi) harass or interfere with any other user’s use and enjoyment of the Services; or
- (vii) use software or automated agents or scripts to produce multiple accounts on the Sites, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Sites (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content that:
5.3 Enforcement.We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against You in our sole discretion if You violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying Your User Content, suspending Your Account, terminating Your Account in accordance with Section 10, and/or reporting You to law enforcement authorities.
5.3.1 Excessive UseIf You abuse the Site or significantly exceed the average bandwidth or trigger usage of other Tektronix customers (as determined solely by Tektronix), Tektronix reserves the right to immediately suspend Your account or throttle Your access.
5.3.2 SuspensionNotwithstanding anything to the contrary in these Terms, Tektronix may temporarily suspend Your access to any portion or all of the Sites if:
- (a) Tektronix reasonably determines that:
- (i) there is a threat or attack on any of the Sites;
- (ii) Your use of the Sites disrupts or poses a security risk to Tektronix’s IP or to any other customer or vendor of Tektronix;
- (iii) You have violated the Acceptable Use Policy;
- (iv) subject to applicable law, You have ceased to continue Your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or
- Tektronix’s provision of the Services to You is prohibited by applicable law; or
- (b) any vendor of Tektronix has suspended or terminated Tektronix’s access to or use of any products or services required to enable You to access the Sites.
5.4 Feedback.If you provide any Feedback, Tektronix and its affiliates will be free to use such Feedback irrespective of any other obligation or limitation, and without any attribution or compensation. You hereby assign to Tektronix all right, title, and interest in any Feedback You provide. Tektronix will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Tektronix any information or ideas that you consider to be confidential or proprietary. Tektronix is not required to use any Feedback.
5.6 Privacy.Tektronix will handle and store User Content in compliance with applicable law and the applicable Tektronix privacy statement or privacy notice, available at www.tek.com/privacy-statement. Tektronix may share personal information with third parties for marketing purposes related to our products and services, with your prior permission or where otherwise permitted by applicable law. If you have provided permission for this sharing and wish to revoke it, please contact us at firstname.lastname@example.org.
6. Customer Responsibilities.
- (a) General. Customer is responsible and liable for all uses of the Services resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of its Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by Customer will be deemed a breach of these Terms by Customer. Customer shall use reasonable efforts to make all of its Authorized Users aware of these Terms’ provisions that are applicable to their use of the Services, and shall cause them to comply with such provisions.
- (b) Third-Party Products. Tektronix may from time to time make Third-Party Products available to Customer. For purposes of these Terms, such Third-Party Products are subject to their own terms and conditions and the applicable flow through provisions referred to in Exhibit A. If Customer does not agree to abide by the applicable terms for any such Third-Party Products, then Customer should not install or use such Third-Party Products.
7. Indemnification.You agree to defend, indemnify, and hold Tektronix (and its affiliates, officers, employees, and agents) harmless against any third-party claims or losses, losses, damages, liabilities, and costs including attorneys’ fees, due to or arising out of
- (a) your use of the Services,
- (b) your violation of these Terms, including the Acceptable Use Policy,
- (c) Your negligence or willful misconduct
- (d) Your violation of applicable laws or regulations, including Export Control Law, or
- (e) Your User Content
You agree to indemnify and hold harmless Tektronix and its affiliates against any losses, damages, liabilities, and costs including attorneys’ fees suffered or incurred by Tektronix or its affiliates and arising out of or relating to any violation by You of any Export Control Law, or of any agreement, warranty or representation made in this clause/section or in clause/section 11.3 (Export Control), in connection with Your use of the Services, including, without limitation, attorney’s fees and any and all costs associated with the removal of any information subject to ITAR control from information technology systems owned, operated, leased, or otherwise employed by Tektronix or its affiliates to provide the Services.
Tektronix reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these matters. You agree not to settle any matter without the prior written consent of Tektronix. Tektronix will use reasonable efforts to notify You of any such claim or demand upon becoming aware of it.
UNLESS OTHERWISE SET OUT IN ADDITIONAL TERMS AND CONDITIONS, THE SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS, AND TEKTRONIX (AND OUR AFFILIATES AND SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE (AND OUR AFFILIATES AND SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Limitation On Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TEKTRONIX (OR OUR AFFILIATES OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE FOR ANY (1) LOST PROFITS, LOST DATA, INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (2) COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS; (3) INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, ENHANCED OR PUNITIVE DAMAGES; (4) LOSS OF GOODWILL OR REPUTATION; OR (5) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SOFTWARE SECURITY IN EACH CASE REGARDLESS OF WHETHER TEKTRONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE TOTAL FEES PAID BY CUSTOMER IN THE CURRENT CONTRACT YEAR, OR FIFTY US DOLLARS (U.S. $50), WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Term And Termination.
11.1 Trial Period.An initial trial period for each Service, if any, will be provided as described in the additional terms and conditions for that Service.
11.2 Initial Term.Upon receipt of payment for a Service, the Initial Term shall begin in accordance with the additional terms and conditions for that Service.
11.3 Renewal Term.Upon expiration of the Initial Term, your access to the Services will automatically renew for a subsequent Renewal Term, upon receipt of payment for the Renewal Term and in accordance with the additional terms and conditions for each Service. If You fail to make a timely payment for any subsequent Renewal Term, then your access to the Services will be terminated at the end of the then-current Term. Renewal Terms will be billed at Tektronix’s then-current price. The length of the Renewal Term will be the same as the previous Term, unless You select and pay for a different length. If the Term is renewed for any Renewal Terms pursuant to this Section, Tektronix’s then-current terms and conditions will apply for the Renewal Term.
11.4 Termination.Tektronix may terminate your use of the Services if You (A) fail to pay any amount when due, or (B) breach any of your obligations under these Terms. We may also suspend or terminate Your rights to use individual Sites and Services (including Your Account) in accordance with the additional terms and conditions for that Site or Service (if applicable). Upon termination of your rights under these Terms, Your Account and right to access and use the Services will terminate immediately. You must:
- (1) immediately discontinue use of the Services and Provider IP;
- (2) delete, destroy, or return all copies of the Provider IP, including any software; and
- (3) immediately pay all fees incurred before the expiration or termination.
12.1 Changes.These Terms are subject to occasional revision, and if we make any substantial changes, we may notify You by sending You an e-mail to the last e-mail address You provided to us (if any), and/or by prominently posting notice of the changes on our Sites. You are responsible for providing us with Your most current e-mail address. In the event that the last e-mail address that You have provided us is not valid, or for any reason is not capable of delivering to You the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to You (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Sites. These changes will be effective immediately for new users of our Sites. Continued use of our Sites following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12.2 Governing Law.Unless You are a United States Government entity, these Terms are governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Oregon. Any action brought between the parties may only be brought in the state or federal courts located in the State of Oregon and each Party consents to the jurisdiction of those courts. If You are a United States Government entity, all contract disputes arising out of or relating to these Terms will be governed by and construed in accordance with the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109. Any legal suit, action, or proceeding arising out of or relating to these Terms or the transaction contemplated hereby will be instituted in the court or board of jurisdiction under the CDA. If the matter is tortious in nature, the action will be brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b).
12.3 Export.The Services are subject to Export Laws. You agree to use the Services only in compliance with Export Laws and shall not use the Services in a manner that causes You or Tektronix to violate applicable Export Laws, including without limitation, to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Tektronix, or any products utilizing such data, in violation of the United States export laws or regulations to any prohibited destination, end-user, or end-use without prior government authorization. You acknowledge that the Services contain encryption functionality, which may be subject to import or use restrictions, and represents that You shall not use the Services in a manner that violates any applicable restrictions related to the use of cryptography. You further warrant that You will not use the Services to store information subject to export control under the laws of Your country, or the International Traffic in Arms Regulations, 22 CFR Parts 120-130.
12.4 US Government Rights.Each of the documentation and the software components that constitute the Services is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212, 48 CFR §227.7202, or 48 CFR §252.227-7014, as applicable. Accordingly, if You are an agency of the US Government or any contractor therefor, You only receive those rights with respect to the Services and documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors. Any use, modification, reproduction, release, performance, display, or disclosure of the Services and user documentation by the U. S. Government will be solely in accordance with these Terms, including any additional terms for those Services.
12.5 Disclosures.Tektronix is located in Beaverton, OR. If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
12.6 Electronic Communications.The communications between You and Tektronix uses electronic means, whether You use the Sites or send us emails, or whether Tektronix posts notices on the Sites or communicates with You via email. For contractual purposes, You
- (a) consent to receive communications from Tektronix in an electronic form; and
- (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tektronix provides to You electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
12.7 General.Unless You are the United States Government, these Terms constitute the entire agreement between You and Tektronix regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Tektronix is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Tektronix’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Any purported assignment or delegation in violation of this Section will be null and void. Tektronix may freely assign these Terms. These Terms shall be binding upon assignees. In no event will Tektronix be liable to You, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Tektronix’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority. Any waiver by Tektronix of any provision of these Terms will not constitute or be deemed a subsequent waiver of that or any other portion. Except as otherwise set forth in these Terms, (1) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof; and (2) no single or partial exercise of any right, remedy, power, or privilege under these Terms will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
12.8 Copyright/Trademark Information.Tektronix reserves all rights in the Services. All trademarks, logos and service marks (“Marks”) displayed on the Sites are Our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of any such third parties.
ADDITIONAL TERMS AND CONDITIONS FOR TEKSCOPE
In addition to the general terms and conditions, the use of TekScope is further governed by these additional terms.
- You may elect to access and use TekScope during an initial 14-day trial period pursuant to these Terms. You will not be charged for the trial period, however You will be automatically enrolled in an Initial Term at the end of the trial period at the then current list price. You may terminate these Terms and stop the auto enrollment process by deleting Your account before the trial period ends.
- Upon receipt of payment, the Initial Term for TekScope shall begin on (i) the date of payment or (ii) the date the Trial Period ends, whichever is later. The Initial Period will continue in effect for the length of time You paid for, unless terminated earlier pursuant to these Terms’ express provisions.
- Current fees for TekScope are detailed at https://scope.tekcloud.com/#/packages
- You may Upgrade TekScope at any time by paying the appropriate amount, prorated to the remainder of your current term. Upgrading will not extend or change the term of your agreement. Upon renewal, You will be billed for the full price of each Upgrade at then-current prices.
- No refunds or credits (monetary or otherwise) will be given for unused, partial month, or months of service that result from downgrading plans. Downgrading your Service may cause the loss of content, features, or capacity of your Account. Tektronix does not accept any liability for such loss.
ADDITIONAL TERMS AND CONDITIONS FOR TEKDRIVE
In addition to the general terms and conditions, the use of TekDrive is further governed by these additional terms.
Trial Period for TekDrive
- You may elect to access and use TekDrive during an initial 14-day trial period pursuant to these Terms. You will not be charged for the trial period, however You will be automatically enrolled in an Initial Term at the end of the trial period at the then current list price. You may terminate these Terms and stop the auto enrollment process by deleting Your account before the trial period ends.
Initial Term for TekDrive
- Upon receipt of payment, the Initial Term for TekDrive shall begin on (i) the date of payment or (ii) the date the Trial Period ends, whichever is later. The Initial Term will continue in effect for the length of time You paid for, unless terminated earlier pursuant to these Terms’ express provisions.
- Current fees for TekDrive are detailed at: www.tekcloud.com/tekdrive/#pricing
TekDrive Storage Limits
- Once you reach the amount of storage that you have paid for, you will not be able to load additional User Content. You may remedy this by removing existing User Content.
- You may Upgrade your TekDrive storage limit at any time by selecting a new plan and paying the appropriate amount. You will receive a service credit for the unused portion of your current term. Upgrading will begin a new Term on the date of your upgrade. Any service credits You receive will automatically be applied to your new Term. Upon renewal of your Upgraded Term, You will be billed for the full price of each Upgrade at then-current prices.
- Selecting a lower storage tier will cause that lower tier to immediately be applied. No refunds (monetary or otherwise) will be given for selecting a lower storage tier, but you will receive a service credit for any unused portion of the remaining Term. Any service credits will be automatically applied to future services. Downgrading or cancelling your Service may cause the loss of content, features, or capacity of your Account. Tektronix does not accept any liability for such loss
TekDrive User Content