WavePro 7 Zi and Zi-A Oscilloscopes
189
WP7Zi-GSM-E RevA
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.
