Wavesurfer mxs-b oscilloscopes – Teledyne LeCroy WaveSurfer MXs-B Getting Started Manual User Manual

Page 122

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WaveSurfer MXs-B Oscilloscopes

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922172-00 Rev A

MAY NOT APPLY TO YOU. THESE LIMITATIONS ARE INDEPENDENT FROM
ALL OTHER PROVISIONS OF THIS EULA AND SHALL APPLY
NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

7.3.

Indemnification

. You will defend, indemnify and hold harmless Teledyne

LeCroy and its officers, directors, affiliates, contractors, agents, and
employees 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.

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