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LabMaster 10 Zi Oscilloscopes
7.1. No Warranty. THE SOFTWARE PRODUCT IS NOT ERROR-FREE
AND THE SOFTWARE PRODUCT AND SUPPORT SERVICES IS/ARE
BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
LECROY, FOR ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
WITH RESPECT TO THE SOFTWARE PRODUCT OR ANY SUPPORT
SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED
WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRATION,
VALIDITY, EXCLUSIVITY, MERCHANTABILITY, NON-INTERFERENCE
WITH ENJOYMENT, FITNESS FOR ANY PARTICULAR PURPOSE, AND
ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR
USAGE OF TRADE. YOU ACKNOWLEDGE THAT NO WARRANTIES HAVE
BEEN MADE TO YOU BY OR ON BEHALF OF LECROY OR OTHERWISE
FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
7.2. Limitation of Liability. LECROY'S LIABILITY FOR DAMAGES FOR
ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY
CLAIM OR ACTION, SHALL NOT EXCEED THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR
U.S.$5.00; PROVIDED THAT IF YOU HAVE ENTERED INTO A SUPPORT
SERVICES AGREEMENT WITH LECROY, LECROY'S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES WILL BE GOVERNED BY THE TERMS
OF THAT AGREEMENT. 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.
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922561-00 Rev A
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