Operator's Manual
16 WS-OM-E Rev B
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.
7. RISK ALLOCATION.
7.1 No Warranty.
THE SOFTWARE PRODUCT IS NOT ERROR-FREE AND THE SOFTWARE
PRODUCT AND SUPPORT SERVICES IS/ARE BEING PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. LECROY, FOR ITSELF AND ITS SUPPLIERS, HEREBY
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
WITH RESPECT TO THE SOFTWARE PRODUCT OR ANY SUPPORT SERVICES INCLUDING,
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRATION,
VALIDITY, EXCLUSIVITY, MERCHANTABILITY, NON-INTERFERENCE WITH ENJOYMENT,
FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED FROM ANY
COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT NO
WARRANTIES HAVE BEEN MADE TO YOU BY OR ON BEHALF OF LECROY OR
OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES.
7.2. Limitation of Liability.
LECROY’S LIABILITY FOR DAMAGES FOR ANY CAUSE
WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SHALL NOT
EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
PRODUCT OR U.S.$5.00; PROVIDED THAT IF YOU HAVE ENTERED INTO A SUPPORT
SERVICES AGREEMENT WITH LECROY, LECROY’S ENTIRE LIABILITY REGARDING
SUPPORT SERVICES WILL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
LECROY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF
DATA, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS
EULA OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SOFTWARE
PRODUCT, THE DOCUMENTATION OR THIS EULA. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THESE LIMITATIONS
ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS EULA AND SHALL APPLY
NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
7.3 Indemnification. You will defend, indemnify and hold harmless LeCroy and its officers,
directors, affiliates, contractors, agents, and employees from, against and in respect of any and
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