End-User License Agreement For Lecroy X-Stream Software - LeCroy SDA Operator's Manual

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SDA Operator's Manual

End-user License Agreement For LeCroy X-Stream Software

IMPORTANT-READ CAREFULLY: THIS END-USER LICENSE AGREEMENT ("EULA") IS A
LEGAL AGREEMENT BETWEEN THE INDIVIDUAL OR ENTITY LICENSING THE
SOFTWARE PRODUCT ("YOU" OR "YOUR") AND LECROY CORPORATION ("LECROY")
FOR THE SOFTWARE PRODUCT(S) ACCOMPANYING THIS EULA, WHICH INCLUDE(S):
COMPUTER PROGRAMS; ANY "ONLINE" OR ELECTRONIC DOCUMENTATION AND
PRINTED MATERIALS PROVIDED BY LECROY HEREWITH ("DOCUMENTATION");
ASSOCIATED MEDIA; AND ANY UPDATES (AS DEFINED BELOW) (COLLECTIVELY, THE
"SOFTWARE PRODUCT"). BY USING AN INSTRUMENT TOGETHER WITH OR
CONTAINING THE SOFTWARE PRODUCT, OR BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE PRODUCT, IN WHOLE OR IN PART, YOU AGREE TO
BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF
THIS EULA, DO NOT INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE PRODUCT;
YOU MAY RETURN THE SOFTWARE PRODUCT TO YOUR PLACE OF PURCHASE FOR A
FULL REFUND. IN ADDITION, BY INSTALLING, COPYING, OR OTHERWISE USING ANY
MODIFICATIONS, ENHANCEMENTS, NEW VERSIONS, BUG FIXES, OR OTHER
COMPONENTS OF THE SOFTWARE PRODUCT THAT LECROY PROVIDES TO YOU
SEPARATELY AS PART OF THE SOFTWARE PRODUCT ("UPDATES"), YOU AGREE TO BE
BOUND BY ANY ADDITIONAL LICENSE TERMS THAT ACCOMPANY SUCH UPDATES. IF
YOU DO NOT AGREE TO SUCH ADDITIONAL LICENSE TERMS, YOU MAY NOT INSTALL,
COPY, OR OTHERWISE USE SUCH UPDATES.
THE PARTIES CONFIRM THAT THIS AGREEMENT AND ALL RELATED DOCUMENTATION
ARE AND WILL BE DRAFTED IN ENGLISH. LES PARTIES AUX PRÉSENTÉS CONFIRMENT
LEUR VOLONTÉ QUE CETTE CONVENTION DE MÊME QUE TOUS LES DOCUMENTS Y
COMPRIS TOUT AVIS QUI S'Y RATTACHÉ, SOIENT REDIGÉS EN LANGUE ANGLAISE.
1. GRANT OF LICENSE.
1.1 License Grant. Subject to the terms and conditions of this EULA and payment of all
applicable fees, LeCroy grants to you a nonexclusive, nontransferable license (the "License") to:
(a) operate the Software Product as provided or installed, in object code form, for your own
internal business purposes, (i) for use in or with an instrument provided or manufactured by
LeCroy (an "Instrument"), (ii) for testing your software product(s) (to be used solely by you) that
are designed to operate in conjunction with an Instrument ("Your Software"), and (iii) make one
copy for archival and back-up purposes; (b) make and use copies of the Documentation; provided
that such copies will be used only in connection with your licensed use of the Software Product,
and such copies may not be republished or distributed (either in hard copy or electronic form) to
any third party; and (c) copy, modify, enhance and prepare derivative works ("Derivatives") of the
source code version of those portions of the Software Product set forth in and identified in the
Documentation as "Samples" ("Sample Code") for the sole purposes of designing, developing,
and testing Your Software. If you are an entity, only one designated individual within your
organization, as designated by you, may exercise the License; provided that additional individuals
within your organization may assist with respect to reproducing and distributing Sample Code as
permitted under Section 1.1(c)(ii). LeCroy reserves all rights not expressly granted to you. No
license is granted hereunder for any use other than that specified herein, and no license is
granted for any use in combination or in connection with other products or services (other than
Instruments and Your Software) without the express prior written consent of LeCroy. The
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SDA-OM-E Rev H

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