Teledyne LeCroy LabMaster 9Zi-A - Manual (Page 255)

Getting Started Manual
922157-00 Rev A 247
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 successors, executors, heirs, representatives, administrators and
assigns of the parties hereto.