Teledyne LeCroy WaveMaster 8000A - Manual (Page 21)

Getting Started Manual
WM-GS-E Rev E
19
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 LECROY OR
OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
7.2. Limitation of Liability. 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 LECROY, LECROY’S ENTIRE LIABILITY REGARDING
SUPPORT SERVICES WILL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
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 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 LeCroy, its agents, or employees, but only by an instrument in writing signed by
an authorized officer of LeCroy. No waiver by 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.