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Getting Started Guide
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 Teledyne
LeCroy, its agents, or employees, but only by an instrument in
writing signed by an authorized officer of Teledyne LeCroy. No
waiver by Teledyne 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,
LM10Zi-GSM-E Rev A
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