44 WM-OM-E Rev I
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.
8.5 Assignment.
This EULA and the rights and obligations hereunder, may not be assigned, in
whole or in part by you, except to a successor to the whole of your business, without the prior
written consent of LeCroy. In the case of any permitted assignment or transfer of or under this
EULA, this EULA or the relevant provisions will be binding upon, and inure to the benefit of, the
successors, executors, heirs, representatives, administrators and assigns of the parties hereto.
8.6 Notices.
All notices or other communications between LeCroy and you under this EULA will be
in writing and delivered personally, sent by confirmed fax, by confirmed e-mail, by certified mail,
postage prepaid and return receipt requested, or by a nationally recognized express delivery
service. All notices will be in English and will be effective upon receipt.
8.7 Headings.
The headings used in this EULA are intended for convenience only and will not be
deemed to supersede or modify any provisions.
8.8 Acknowledgment.
Licensee acknowledges that (a) it has read and understands this EULA, (b)
it has had an opportunity to have its legal counsel review this EULA, (c) this EULA has the same
force and effect as a signed agreement, and (d) issuance of this EULA does not constitute general
publication of the Software Product or other Confidential Information.
Virus Protection
Because your digital storage oscilloscope (DSO) runs on a Windows-based PC platform, it must be
protected from viruses, as with any PC on a corporate network. It is crucial that the scope be kept
up to date with Windows Critical Updates, and that anti-virus software be installed and continually
updated.
Visit http://www.lecroy.com/dsosecurity for more information regarding Windows Service Pack
compatibility with LeCroy operating software, and related matters.
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