Labmaster 9 zi-a – Teledyne LeCroy LabMaster 9Zi-A User Manual

Page 254

Advertising
background image

LabMaster 9 Zi-A

246

922157-00 Rev A

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 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

Advertising