WaveSurfer DSO
WS-OM-E Rev B 17
all assessments, damages, deficiencies, judgments, losses, obligations and liabilities (including
costs of collection and reasonable attorneys’ fees, expert witness fees and expenses) imposed
upon or suffered or incurred by them arising from or related to your use of the Software Product.
8. GENERAL PROVISIONS.
8.1 Compliance with Laws.
You will comply with all laws, legislation, rules, regulations, and
governmental requirements with respect to the Software Product, and the performance by you of
your obligations hereunder, of any jurisdiction in or from which you directly or indirectly cause the
Software Product to be used or accessed.
8.2 No Agency.
Nothing contained in this EULA will be deemed to constitute either party as the
agent or representative of the other party, or both parties as joint venturers or partners for any
purpose.
8.3 Entire Agreement; Waiver; Severability.
This EULA constitutes the entire agreement between
the parties with regard to the subject matter hereof. No provision of, right, power or privilege
under 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.
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