Teledyne LeCroy WaveSurfer MXs-B Getting Started Manual - Manual (Page 121)

Getting Started Manual
922172-00 Rev A 113
production of nuclear, chemical or biological weapons; or (c) to any end-
user who has been prohibited from participating in U.S. export transactions
by any federal agency of the U.S. government. You warrant and represent
that neither the BXA nor any other U.S. federal agency has suspended,
revoked or denied your export privileges. It is your responsibility to comply
with the latest United States export regulations, and you will defend and
indemnify Teledyne LeCroy from and against any damages, fines, penalties,
assessments, liabilities, costs and expenses (including reasonable attorneys'
fees and court costs) arising out of any claim that the Software Product,
Documentation, or other information or materials provided by Teledyne
LeCroy hereunder were exported or otherwise accessed, shipped or
transported in violation of applicable laws and regulations.
7.
RISK ALLOCATION .
7.1. No Warranty . THE SOFTWARE PRODUCT IS NOT ERROR-FREE AND THE
SOFTWARE PRODUCT AND SUPPORT SERVICES IS/ARE BEING PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. TELEDYNE LECROY, FOR ITSELF
AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE
SOFTWARE PRODUCT OR ANY SUPPORT SERVICES INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
INTEGRATION, VALIDITY, EXCLUSIVITY, MERCHANTABILITY, NON-
INTERFERENCE WITH ENJOYMENT, FITNESS FOR ANY PARTICULAR
PURPOSE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING
OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT NO WARRANTIES HAVE
BEEN MADE TO YOU BY OR ON BEHALF OF TELEDYNE LECROY OR
OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
7.2. Limitation of Liability . TELEDYNE LECROY'S LIABILITY FOR DAMAGES FOR
ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR
ACTION, SHALL NOT EXCEED THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED
THAT IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT WITH
TELEDYNE LECROY, TELEDYNE LECROY'S ENTIRE LIABILITY REGARDING
SUPPORT SERVICES WILL BE GOVERNED BY THE TERMS OF THAT
AGREEMENT. TELEDYNE LECROY SHALL NOT BE LIABLE FOR ANY LOSS OF
PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, NOR
FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OF ANY KIND, WHETHER UNDER THIS EULA OR OTHERWISE
ARISING IN ANY WAY IN CONNECTION WITH THE SOFTWARE PRODUCT,
THE DOCUMENTATION OR THIS EULA. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION