WaveSurfer DSO
WS-OM-E Rev B 15
bond. As used herein, “Confidential Information” means LeCroy pricing or information concerning
new LeCroy products, trade secrets (including without limitation all internal header information
contained in or created by the Software Product, all benchmark and performance test results and
all Documentation) and other proprietary information of LeCroy; and any business, marketing or
technical information disclosed by LeCroy, or its representatives, or you in relation to this EULA,
and either (i) disclosed in writing and marked as confidential at the time of disclosure or (ii)
disclosed in any other manner such that a reasonable person would understand the nature and
confidentiality of the information. Confidential Information does not include information (A)
already in the possession of the receiving party without an 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
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