Teledyne LeCroy WaveMaster 8000A - Manual (Page 19)

Getting Started Manual
WM-GS-E Rev E
17
3.3 Confidentiality. Except for the specific rights granted by this EULA, neither party shall use or
disclose any Confidential Information (as defined below) of the other party without the written
consent of the disclosing party. A party receiving Confidential Information from the other shall use
the highest commercially reasonable degree of care to protect the Confidential Information,
including ensuring that its employees and consultants with access to such Confidential
Information have agreed in writing not to disclose the Confidential Information. You shall bear the
responsibility for any breaches of confidentiality by your employees and consultants. Within ten
(10) days after request of the disclosing party, and in the disclosing party's sole discretion, the
receiving party shall either return to the disclosing party originals and copies of any Confidential
Information and all information, records and materials developed therefrom by the receiving party,
or destroy the same, other than such Confidential Information as to which this EULA expressly
provides a continuing right to the receiving party to retain at the time of the request. Either party
may only disclose the general nature, but not the specific financial terms, of this EULA without the
prior consent of the other party; provided either party may provide a copy of this EULA to any
finance provider in 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 LeCroy pricing or information concerning new 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 LeCroy; and any business, marketing or
technical information disclosed by 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.
This EULA will remain in force until termination pursuant to the terms hereof. You may terminate
this EULA at any time. This EULA will also terminate if you breach any of the terms or conditions
of this EULA. You agree that if this EULA terminates for any reason, the License will immediately
terminate and you will destroy all copies of the Software Product (and all Derivatives), installed or
otherwise, the Documentation, and the Confidential Information (and all derivatives of any of the