Teledyne LeCroy WaveRunner МXi-A Getting Started Manual - Manual (Page 121)

Getting Started Manual
922138-00 Rev A 113
B
confidentiality by your employees and consultants. Within ten (10) days after
request of the disclosing party, and in the disclosing party's sole discretion, the
receiving party shall either return to the disclosing party originals and copies of
any Confidential Information and all information, records and materials
developed therefrom by the receiving party, or destroy the same, other than
such Confidential Information as to which this EULA expressly provides a
continuing right to the receiving party to retain at the time of the request.
Either party may only disclose the 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.