Teledyne LeCroy WaveMaster 8 Zi_Zi-A - Manual (Page 177)

Getting Started Manual
922133-00 Rev A 169
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, marketing or technical information
disclosed by Teledyne LeCroy, or its representatives, or you in
relation to this EULA, and either (i) disclosed in writing and marked
as confidential at the time of disclosure or (ii) disclosed in any other
manner such that a reasonable person would understand the nature
and confidentiality of the information. Confidential Information
does not include information (A) already in the possession of the
receiving party without an obligation of confidentiality to the
disclosing party, (B) hereafter rightfully furnished to the receiving
party by a third party without a breach of any separate
nondisclosure obligation to the disclosing party, (C) publicly known
without breach of this EULA, (d) furnished by the disclosing party to
a third party without restriction on subsequent disclosure, or (e)
independently developed by the receiving party without reference
to or reliance on the Confidential Information.
4. TERMINATION.