Teledyne LeCroy ArbStudio - Manual (Page 217)

Operator’s Manual
922244-00 Rev A 209
B
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 .