LeCroy WaveSurfer 400 Series Service Manual page 90

such acts as are necessary to achieve the Permitted Objective; (C) the information to be gained thereby has not already been made readily
available to you or has not been provided by LeCroy within a reasonable time after a written request by you to LeCroy to provide such
information; (D) the information gained is not used for any purpose other than the Permitted Objective and is not disclosed to any other
person except as may be necessary to achieve the Permitted Objective; and (E) the information obtained is not used (1) to create a computer
program substantially similar in its expression to the Software Product including, but not limited to, expressions of the Software Product in
other computer languages, or (2) for any other act restricted by LeCroy's intellectual property rights in the Software Product.
"Interoperability" will have the same meaning in this EULA as defined in the Digital Millennium Copyright Act, 17 U.S.C. §1201(f), the
ability of computer programs to exchange information and of such programs mutually to use the information which has been exchanged.
SUPPORT SERVICES. At LeCroy's sole discretion, from time to time, LeCroy may provide Updates to the Software
2.
Product. LeCroy shall have no obligation to revise or update the Software Product or to support any version of the Software Product. At
LeCroy's sole discretion, upon your request, LeCroy may provide you with support services related to the Software Product ("Support
Services") pursuant to the LeCroy policies and programs described in the Documentation or otherwise then in effect, and such Support
Services will be subject to LeCroy's then-current fees therefor, if any. Any Update or other supplemental software code provided to you
pursuant to the Support Services will be considered part of the Software Product and will be subject to the terms and conditions of this
EULA. LeCroy may use any technical information you provide to LeCroy during LeCroy's provision of Support Services, for LeCroy's
business purposes, including for product support and development. LeCroy will not utilize such technical information in a form that
personally identifies you.
3. PROPRIETARY RIGHTS.
3.1 Right and Title. All right, title and interest in and to the Software Product and Documentation (including but not limited to
any intellectual property or other proprietary rights, images, icons, photographs, text, and "applets" embodied in or incorporated into the
Software Product, collectively, "Content"), and all Derivatives, and any copies thereof are owned by LeCroy and/or its licensors or third-
party suppliers, and is protected by applicable copyright or other intellectual property laws and treaties. You will not take any action
inconsistent with such title and ownership. This EULA grants you no rights to use such Content outside of the proper exercise of the
license granted hereunder, and LeCroy will not be responsible or liable therefor.
3.2 Intellectual Property Protection. You may not alter or remove any printed or on-screen copyright, trade secret, proprietary or
other legal notices contained on or in copies of the Software Product or Documentation.
3.3 Confidentiality. Except for the specific rights granted by this EULA, neither party shall use or disclose any Confidential
Information (as defined below) of the other party without the written consent of the disclosing party. A party receiving Confidential
Information from the other shall use the highest commercially reasonable degree of care to protect the Confidential Information, including
ensuring that its employees and consultants with access to such Confidential Information have agreed in writing not to disclose the
Confidential Information. You shall bear the responsibility for any breaches of confidentiality by your employees and consultants. Within
ten (10) days after request of the disclosing party, and in the disclosing party's sole discretion, the receiving party shall either return to the
disclosing party originals and copies of any Confidential Information and all information, records and materials developed therefrom by the
receiving party, or destroy the same, other than such Confidential Information as to which this EULA expressly provides a continuing right
to the receiving party to retain at the time of the request. Either party may only disclose the general nature, but not the specific financial
terms, of this EULA without the prior consent of the other party; provided either party may provide a copy of this EULA to any finance
provider in conjunction with a financing transaction, if such provider agrees to keep this EULA confidential. Nothing herein shall prevent
a receiving party from disclosing all or part of the Confidential Information as necessary pursuant to the lawful requirement of a
governmental agency or when disclosure is required by operation of law; provided that prior to any such disclosure, the receiving party
shall use reasonable efforts to (a) promptly notify the disclosing party in writing of such requirement to disclose, and (b) cooperate fully
with the disclosing party in protecting against any such disclosure or obtaining a protective order. Money damages will not be an adequate
remedy if this Section 4.3 is breached and, therefore, either party shall, in addition to any other legal or equitable remedies, be entitled to
seek an injunction or similar equitable relief against such breach or threatened breach without the necessity of posting any bond. As used
herein, "Confidential Information" means LeCroy pricing or information concerning new LeCroy products, trade secrets (including without
limitation all internal header information contained in or created by the Software Product, all benchmark and performance test results and
all Documentation) and other proprietary information of LeCroy; and any business, marketing or technical information disclosed by
LeCroy, or its representatives, or you in relation to this EULA, and either (i) disclosed in writing and marked as confidential at the time of
disclosure or (ii) disclosed in any other manner such that a reasonable person would understand the nature and confidentiality of the
information. Confidential Information does not include information (A) already in the possession of the receiving party without an
obligation of confidentiality to the disclosing party, (B) hereafter rightfully furnished to the receiving party by a third party without a
breach of any separate nondisclosure obligation to the disclosing party, (C) publicly known without breach of this EULA, (d) furnished by
the disclosing party to a third party without restriction on subsequent disclosure, or (e) independently developed by the receiving party
without reference to or reliance on the Confidential Information.
TERMINATION. This EULA will remain in force until termination pursuant to the terms hereof. You may terminate this
4.
EULA at any time. This EULA will also terminate if you breach any of the terms or conditions of this EULA. You agree that if this EULA
terminates for any reason, the License will immediately terminate and you will destroy all copies of the Software Product (and all
Derivatives), installed or otherwise, the Documentation, and the Confidential Information (and all derivatives of any of the foregoing) that
6-4 Maintenance