Teledyne LeCroy WaveMaster 8000A - Manual (Page 20)

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foregoing) that are in your possession or under your control. The provisions of Sections 1.3, 4, 6,
7, 8, and 9 will survive any termination or expiration hereof.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
If any Software Product or Documentation is acquired by or on behalf of a unit or agency of the
United States Government (any such unit or agency, the “Government”), the Government agrees
that the Software Product or Documentation is “commercial computer software” or “commercial
computer software documentation” and that, absent a written agreement to the contrary, the
Government’s rights with respect to the Software Product or Documentation are, in the case of
civilian agency use, Restricted Rights, as defined in FAR §52.227.19, and if for Department of
Defense use, limited by the terms of this EULA, pursuant to DFARS §227.7202. The use of the
Software Product or Documentation by the Government constitutes acknowledgment of LeCroy’s
proprietary rights in the Software Product and Documentation. Manufacturer is LeCroy
Corporation, 700 Chestnut Ridge Road, Chestnut Ridge, NY 10977 USA.
6. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the Software Product, any part thereof, or any
process or service that is the direct product of the Software Product (the foregoing collectively
referred to as the “Restricted Components”), to any country, person, entity or end user subject to
U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted
Components (a) to any country to which the U.S. has embargoed or restricted the export of goods
or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya,
North Korea, Sudan and Syria, or to any national of any such country, wherever located, who
intends to transmit or transport the Restricted Components back to such country; (b) to any end
user who you know or have reason to know will utilize the Restricted Components in the design,
development or production of nuclear, chemical or biological weapons; or (c) to any end-user who
has been prohibited from participating in U.S. export transactions by any federal agency of the
U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal
agency has suspended, revoked or denied your export privileges. It is your responsibility to
comply with the latest United States export regulations, and you will defend and indemnify LeCroy
from and against any damages, fines, penalties, assessments, liabilities, costs and expenses
(including reasonable attorneys' fees and court costs) arising out of any claim that the Software
Product, Documentation, or other information or materials provided by LeCroy hereunder were
exported or otherwise accessed, shipped or transported in violation of applicable laws and
regulations.
7. RISK ALLOCATION.
7.1 No Warranty. THE SOFTWARE PRODUCT IS NOT ERROR-FREE AND THE SOFTWARE
PRODUCT AND SUPPORT SERVICES IS/ARE BEING PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. LECROY, FOR ITSELF AND ITS SUPPLIERS, HEREBY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
WITH RESPECT TO THE SOFTWARE PRODUCT OR ANY SUPPORT SERVICES INCLUDING,
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRATION,
VALIDITY, EXCLUSIVITY, MERCHANTABILITY, NON-INTERFERENCE WITH ENJOYMENT,