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Software Product, nor disclose Software Product features, errors or bugs to third parties; or (f)
permit any third party to engage in any of the acts proscribed in clauses (a) through (e). In
jurisdictions in which transfer is permitted, notwithstanding the foregoing prohibition, transfers will
only be effective if you transfer a copy of this EULA, as well as all copies of the Software Product,
whereupon your right to use the Software product will terminate. Except as described in this
Section 1.3, You are not permitted (i) to decompile, disassemble, reverse compile, reverse
assemble, reverse translate or otherwise reverse engineer the Software Product, (ii) to use any
similar means to discover the source code of the Software Product or to discover the trade secrets
in the Software Product, or (iii) to otherwise circumvent any technological measure that controls
access to the Software Product. You may reverse engineer or otherwise circumvent the
technological measures protecting the Software Product for the sole purpose of identifying and
analyzing those elements that are necessary to achieve Interoperability (the “Permitted Objective”)
only if: (A) doing so is necessary to achieve the Permitted Objective and it does not constitute
infringement under Title 17 of the United States Code; (B) such circumvention is confined to those
parts of the Software Product and to such acts as are necessary to achieve the Permitted
Objective; (C) the information to be gained thereby has not already been made readily available to
you or has not been provided by LeCroy within a reasonable time after a written request by you to
LeCroy to provide such information; (D) the information gained is not used for any purpose other
than the Permitted Objective and is not disclosed to any other person except as may be necessary
to achieve the Permitted Objective; and (E) the information obtained is not used (1) to create a
computer program substantially similar in its expression to the Software Product including, but not
limited to, expressions of the Software Product in other computer languages, or (2) for any other act
restricted by LeCroy’s intellectual property rights in the Software Product. “Interoperability” will
have the same meaning in this EULA as defined in the Digital Millennium Copyright Act, 17 U.S.C.
§1201(f), the ability of computer programs to exchange information and of such programs mutually
to use the information which has been exchanged.
1.4 Prerelease Code.
Portions of the Software Product may be identified as prerelease code
(“Prerelease Code”). Prerelease Code is not at the level of performance and compatibility of the
final, generally available product offering. The Prerelease Code may not operate correctly and may
be substantially modified prior to first commercial shipment. LeCroy is not obligated to make this or
any later version of the Prerelease Code commercially available. The License with respect to the
Prerelease Code terminates upon availability of a commercial release of the Prerelease Code from
LeCroy.
2. SUPPORT SERVICES
At LeCroy’s sole discretion, from time to time, LeCroy may provide Updates to the Software
Product. LeCroy shall have no obligation to revise or update the Software Product or to support
any version of the Software Product. At LeCroy’s sole discretion, upon your request, LeCroy may
provide you with support services related to the Software Product (“Support Services”) pursuant to
the LeCroy policies and programs described in the Documentation or otherwise then in effect, and
such Support Services will be subject to LeCroy’s then-current fees therefor, if any. Any Update or
other supplemental software code provided to you pursuant to the Support Services will be
considered part of the Software Product and will be subject to the terms and conditions of this
EULA. LeCroy may use any technical information you provide to LeCroy during LeCroy’s provision
of Support Services, for LeCroy’s business purposes, including for product support and
development. LeCroy will not utilize such technical information in a form that personally identifies
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