WaveSurfer DSO
WS-OM-E Rev B 13
similar to or competitive with the Software Product; (e) publish benchmark results relating to the
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
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