Teledyne LeCroy WaveRunner МXi-A Getting Started Manual - Manual (Page 124)

WaveRunner Xi-A and MXi-A Oscilloscopes
116 922138-00 Rev A
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.
8. GENERAL PROVISIONS .
8.1. 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.
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 Teledyne LeCroy,
its agents, or employees, but only by an instrument in writing signed by an
authorized officer of Teledyne LeCroy. No waiver by Teledyne 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 Teledyne 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