are in your possession or under your control. The provisions of Sections 1.3, 4, 6, 7, 8, and 9 will survive any termination or expiration
hereof.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. If any Software Product or Documentation is acquired by or on behalf of
a unit or agency of the United States Government (any such unit or agency, the “Government”), the Government agrees that the Software
Product or Documentation is “commercial computer software” or “commercial computer software documentation” and that, absent a
written agreement to the contrary, the Government’s rights with respect to the Software Product or Documentation are, in the case of
civilian agency use, Restricted Rights, as defined in FAR §52.227.19, and if for Department of Defense use, limited by the terms of this
EULA, pursuant to DFARS §227.7202. The use of the Software Product or Documentation by the Government constitutes
acknowledgment of LeCroy’s proprietary rights in the Software Product and Documentation. Manufacturer is LeCroy Corporation, 700
Chestnut Ridge Road, Chestnut Ridge, NY 10977 USA.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software Product, any part thereof, or any
process or service that is the direct product of the Software Product (the foregoing collectively referred to as the “Restricted Components”),
to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the
Restricted Components (a) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently
include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country,
wherever located, who intends to transmit or transport the Restricted Components back to such country; (b) to any end user who you know
or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological
weapons; or (c) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S.
government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your
export privileges. It is your responsibility to comply with the latest United States export regulations, and you will defend and indemnify
LeCroy from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees
and court costs) arising out of any claim that the Software Product, Documentation, or other information or materials provided by LeCroy
hereunder were exported or otherwise accessed, shipped or transported in violation of applicable laws and regulations.
8. RISK ALLOCATION.
8.1
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.
8.2.
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.
8.3
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.
9. GENERAL PROVISIONS.
9.1
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.
9.2
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.
9.3
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
Maintenance 6-5
To Next Page
Loading...
Need help?
General
