42 WM-OM-E Rev I
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 a third
party without restriction on subsequent disclosure, or (e) independently developed by the receiving
party without reference to or reliance on the Confidential Information.
4. TERMINATION
This EULA will remain in force until termination pursuant to the terms hereof. You may terminate
this EULA at any time. This EULA will also terminate if you breach any of the terms or conditions of
this EULA. You agree that if this EULA terminates for any reason, the License will immediately
terminate and you will destroy all copies of the Software Product (and all Derivatives), installed or
otherwise, the Documentation, and the Confidential Information (and all derivatives of any of the
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.
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