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Getting Started Manual
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 Teledyne LeCroy
pricing or information concerning new Teledyne 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 Teledyne LeCroy; and any business,
922561-00 Rev A
177
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