Teledyne LeCroy WaveSurfer MXs-B Getting Started Manual - Manual (Page 119)

Getting Started Manual
922172-00 Rev A 111
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
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LeCroy pricing or information concerning new Teledyne 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 Teledyne LeCroy; and any business, marketing or technical
information disclosed by Teledyne LeCroy, or its representatives, or you in
relation to this EULA, and either (i) disclosed in writing and marked as
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such that a reasonable person would understand the nature and
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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