Teledyne LeCroy WaveRunner XI SERIES Operator’s Manual User Manual

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AVE

UNNER

ERIES

WRXi-OM-E Rev C

4. TERMINATION.

This EULA will remain in force until termination pursuant to the terms hereof. You may terminate this EULA at
any time. This EULA will also terminate if you breach any of the terms or conditions of this EULA. You agree that
if this EULA terminates for any reason, the License will immediately terminate and you will destroy all copies of
the Software Product (and all Derivatives), installed or otherwise, the Documentation, and the Confidential
Information (and all derivatives of any of the foregoing) that 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.

7. RISK ALLOCATION.

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.