Terms of Use

1. Site Terms of Use

The following are the terms of a legal agreement between you and Tektronix governing the use of this web site. BY USING THIS WEB SITE ("SITE") YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE ("TERMS"), AGREE TO ACCEPT AND BE BOUND BY THESE TERMS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING USE OF THIS SITE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

2. Use Restrictions

The information, materials, services, and related graphics available on this Site (collectively the "Content") are owned or licensed by Tektronix. The Content of this Site is protected by copyright laws, international copyright treaties, or other intellectual property laws and treaties. Except as specifically provided herein, or otherwise specifically provided by Tektronix in writing or by the terms of any license agreement that accompanies or is provided with any Content ("License Agreement"), YOU MAY NOT MODIFY THE CONTENT OF THIS SITE IN ANY WAY OR DOWNLOAD, COPY, REPRODUCE OR PUBLICLY DISPLAY, PERFORM, OR DISTRIBUTE OR OTHERWISE USE THE CONTENT IN ANY FORM OR BY ANY MEANS FOR ANY PUBLIC OR COMMERCIAL PURPOSE. Unauthorized use of any Content on this Site is expressly prohibited.

Tektronix authorizes you to view, download, reproduce, display and distribute the Content posted on this Site only for your personal and non-commercial use, unless specifically authorized to do otherwise by Tektronix in writing or as provided by the terms of any License Agreement. Any authorized download, reproduction or display of the Content must retain all copyright and proprietary notices as they appear in the Content. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Read Tektronix Policy on Copying

3. User Accounts

You agree to provide accurate and complete information as requested by the applicable registration form. In addition, you agree that you will not impersonate any person or entity, and will not falsely state or otherwise misrepresent your affiliation with any person or entity. Tektronix may, in its sole discretion, terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration or thereafter.

4. Communications

Any personally identifiable information (name, address, e-mail address, phone number, etc.) that you provide in any communications with this Site will be handled and processed In accordance with Tektronix' Privacy Policy. Any other material, information or other communication you upload, post, email, transmit or otherwise make available to this Site ("Communications") will be considered non-confidential and non-proprietary. Tektronix will have no obligations with respect to the Communications. Tektronix will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

5. Content Restrictions

All Communications posted to this website must be relevant to the Site Content and must in good taste as determined by common sense and the most restrictive community standards. Such Communications must be free of materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, inflammatory, personal or corporate insults, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. In addition you agree that you will not post any Communication that: 1) you have no legal right to post; 2) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; 3) is unsolicited or unauthorized advertising, promotional material, or any other form of solicitation; 4) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 5) contains forged headers or otherwise manipulated identifiers in order to disguise the origin of the Communication; or 8) is designed to collect or store personal data about other Site users.

Tektronix will have the right to remove any Communications that do not comply with the Terms or are otherwise deemed unsuitable or objectionable. To report a Communication you believe is not appropriate, contact webmaster@tek.com.

6. Disclaimer

THE CONTENT, SOFTWARE AND SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, EXCEPT THAT SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT.

Tektronix does not warrant the accuracy or completeness of the Content available at this Site. Tektronix may make changes to the Content available at this Site, or to the products and prices described in them, at any time without notice. The Content available at this Site may be out of date, and Tektronix makes no commitment to update the Content. Tektronix assumes no liability for your use of the Content and you hereby acknowledge that any reliance upon any Content or materials or your use of the Site shall be at your own risk. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Tektronix representative or distributor for information regarding the products, programs and services that may be available to you.

Except as expressly provided in any applicable License Agreement, if any, Tektronix does not warrant or represent that any license, either express or implied, is granted under any patent right, copyright, mask work right, or other intellectual property right of Tektronix or any third party covering or relating to the Content or any combination, machine, or process to which the Content relates or with which the Content may be used.

7. Software Downloadable

Software that is made available to download as Content from the Site ("Software") is the copyrighted or licensed work of Tektronix and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software. The Software is made available for download solely for use by end users and strictly in accordance with the terms of the License Agreement. Any creation of derivative works, reproduction, redistribution, decompiling, reverse engineering, disassembly, or otherwise converting the Software to a perceivable form not in accordance with the License Agreement is expressly prohibited, and may result in civil and criminal penalties.

8. Limitation of Liability

IN NO EVENT WILL TEKTRONIX, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOST DATA, BUSINESS INTERRUPTION, OR LOST PROFITS OR REVENUE) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT TEKTRONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnity

USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TEKTRONIX, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM USER'S: (A) USE OF THE SITE OR THE CONTENT, (B) BREACH OF THESE TERMS OF USE; AND/OR (C) SUBMISSIONS TO THE SITE.

10. Intellectual Property Rights

Tektronix may, in its sole discretion, terminate the accounts or access rights of users who may be infringing or otherwise violating intellectual property rights of other persons or entities. Pursuant to the Safe Harbor Provision of the Digital Millennium Copyright Act (17 U.S.C. �512), if you believe that your work has been copied in a way that constitutes infringement on this Site, please contact the Designated Copyright Agent specified below.

Designated Agent to Receive Notification of Claimed Infringement:
Thomas F. Lenihan

Full Address of Designated Agent to which Notification should be sent:
Tektronix, Inc.
P.O. Box 500
Delivery Station 50-LAW
14200 S.W. Karl Braun Drive
Beaverton, OR 97077

Telephone Number of Designated Agent:
503-627-7266

Email Address of Designated Agent:
thomas.f.lenihan@tektronix.com

11. Trademark Notice

Tektronix® and all identified Tektronix trademarks and logos are the property of Tektronix, Inc. or its wholly-owned subsidiaries. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Tektronix trademark displayed on the site without the written permission of Tektronix.

12. Links

Third party web sites linked from this Site are not under the control of Tektronix, and the links are provided only as a convenience. Tektronix is not responsible for the availability of external sites and does not represent or endorse the accuracy or reliability of any of the contents of any linked site. Tektronix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site. If you decide to access any third party site linked from this Site, you do so entirely at your own risk.

13. Version of Terms

Tektronix may make changes to these Terms of Use at any time without notice. We suggest that you visit this page of the Site periodically to review the current Terms of Use. Certain provisions of these Terms may be superseded by expressly designated legal notices.

14. Exportation

Tektronix makes no representation this Site is appropriate or available for use outside the United States, and access to it from territories where its contents are illegal is prohibited. You may not use or export or re-export the Content on this Site in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

15. Choice of Law

This Site is administered by Tektronix from Beaverton, Oregon, U.S.A. These Terms and any claim relating to this Site will be governed by and construed in accordance with the laws of the State of Oregon, notwithstanding its rules concerning choice of law.

16. Arbitration

By using this Site, you agree that Tektronix, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Oregon and any arbitration will be held in Portland, Oregon.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by applicable statute.

17. Disclosure; Forward-Looking Statements

Site Content that relates to future events or results (including the Company's statements and expectations regarding sales and earnings per share, market position and market growth opportunities, and the introduction of new products) is based on the Company's expectations at the time that Content was posted. Such Content constitutes forward-looking statements subject to a number of risk factors, which could cause actual results to differ materially from those expected or desired. Further information on factors that could cause actual results to differ from those anticipated is included in filings made by Tektronix from time to time with the Securities and Exchange Commission, including but not limited to, annual reports on Form 10-K and the quarterly reports on Form 10-Q. Tektronix assumes no responsibility to provide updates to forward-looking statements after the date the statements are placed on the Site.

 

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