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O
'
M
PERATOR
S
ANUAL
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.
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