Teledyne LeCroy WaveExpert 9000_NRO9000_SDA100G Getting Started Manual - Manual (Page 21)

WaveExpert Getting Started Guide
WE-GS-E Rev A ISSUED: September 2005 19
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 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 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, except to a successor to the whole of your business, without the prior
written consent of LeCroy. In the case of any permitted assignment or transfer of or under this
EULA, this EULA or the relevant provisions will be binding upon, and inure to the benefit of, the
successors, executors, heirs, representatives, administrators and assigns of the parties hereto.
8.6 Notices. All notices or other communications between LeCroy and you under this EULA will
be in writing and delivered personally, sent by confirmed fax, by confirmed e-mail, by certified
mail, postage prepaid and return receipt requested, or by a nationally recognized express delivery
service. All notices will be in English and will be effective upon receipt.
8.7 Headings. The headings used in this EULA are intended for convenience only and will not be
deemed to supersede or modify any provisions.
8.8 Acknowledgment. Licensee acknowledges that (a) it has read and understands this EULA, (b)
it has had an opportunity to have its legal counsel review this EULA, (c) this EULA has the same
force and effect as a signed agreement, and (d) issuance of this EULA does not constitute
general publication of the Software Product or other Confidential Information.