Table of Contents
Advertisement
O
'
M
PERATOR
S
ANUAL
LECROY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA,
INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS EULA OR OTHERWISE ARISING IN ANY
WAY IN CONNECTION WITH THE SOFTWARE PRODUCT, THE DOCUMENTATION OR THIS EULA. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THESE LIMITATIONS
ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS EULA AND SHALL APPLY
NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
7.3 Indemnification. You will defend, indemnify and hold harmless LeCroy and its officers, directors, affiliates,
contractors, agents, and employees from, against and in respect of any and all assessments, damages,
deficiencies, judgments, losses, obligations and liabilities (including costs of collection and reasonable attorneys'
fees, expert witness fees and expenses) imposed upon or suffered or incurred by them arising from or related to
your use of the Software Product.
8. GENERAL PROVISIONS.
8.1 Compliance with Laws. You will comply with all laws, legislation, rules, regulations, and governmental
requirements with respect to the Software Product, and the performance by you of your obligations hereunder, of
any jurisdiction in or from which you directly or indirectly cause the Software Product to be used or accessed.
8.2 No Agency. Nothing contained in this EULA will be deemed to constitute either party as the agent or
representative of the other party, or both parties as joint venturers or partners for any purpose.
8.3 Entire Agreement; Waiver; Severability. This EULA constitutes the entire agreement between the parties with
regard to the subject matter hereof. No provision of, right, power or privilege under this EULA will be deemed to
have been waived by any act, delay, omission or acquiescence by LeCroy, its agents, or employees, but only by
an instrument in writing signed by an authorized officer of LeCroy. No waiver by LeCroy of any breach or default
of any provision of this EULA by you will be effective as to any other breach or default, whether of the same or
any other provision and whether occurring prior to, concurrent with, or subsequent to the date of such waiver. If
any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable,
such provision will be severed from this EULA and all the other provisions will remain in full force and effect.
8.4 Governing Law; Jurisdiction; Venue. This EULA will be governed by and construed in accordance with the
laws of the State of New York, USA, without regard to its choice of law provisions. The United Nations
Convention on Contracts for the International Sale of Goods will not apply to this EULA. Exclusive jurisdiction and
venue for any litigation arising under this EULA is in the federal and state courts located in New York, New York,
USA and both parties hereby consent to such jurisdiction and venue for this purpose.
8.5 Assignment. This EULA and the rights and obligations hereunder, may not be assigned, in whole or in part by
you, except to a successor to the whole of your business, without the prior written consent of LeCroy. In the case
of any permitted assignment or transfer of or under this EULA, this EULA or the relevant provisions will be binding
upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and assigns of
the parties hereto.
8.6 Notices. All notices or other communications between LeCroy and you under this EULA will be in writing and
delivered personally, sent by confirmed fax, by confirmed e-mail, by certified mail, postage prepaid and return
receipt requested, or by a nationally recognized express delivery service. All notices will be in English and will be
effective upon receipt.
8.7 Headings. The headings used in this EULA are intended for convenience only and will not be deemed to
supersede or modify any provisions.
8.8 Acknowledgment. Licensee acknowledges that (a) it has read and understands this EULA, (b) it has had an
opportunity to have its legal counsel review this EULA, (c) this EULA has the same force and effect as a signed
agreement, and (d) issuance of this EULA does not constitute general publication of the Software Product or other
Confidential Information.
27
WRXi-OM-E Rev C
Advertisement
Table of Contents
