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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.
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.
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