Getting Started Manual
WR6Zi-GSM-E
196
You shall bear the responsibility for any breaches of confidentiality
by your employees and consultants. Within ten (10) days after
request of the disclosing party, and in the disclosing party's sole
discretion, the receiving party shall either return to the disclosing
party originals and copies of any Confidential Information and all
information, records and materials developed therefrom by the
receiving party, or destroy the same, other than such Confidential
Information as to which this EULA expressly provides a continuing
right to the receiving party to retain at the time of the request.
Either party may only disclose the general nature, but not the
specific financial terms, of this EULA without the prior consent of
the other party; provided either party may provide a copy of this
EULA to any finance provider in conjunction with a financing
transaction, if such provider agrees to keep this EULA confidential.
Nothing herein shall prevent a receiving party from disclosing all
or part of the Confidential Information as necessary pursuant to
the lawful requirement of a governmental agency or when
disclosure is required by operation of law; provided that prior to
any such disclosure, the receiving party shall use reasonable
efforts to (a) promptly notify the disclosing party in writing of such
requirement to disclose, and (b) cooperate fully with the
disclosing party in protecting against any such disclosure or
obtaining a protective order. Money damages will not be an
adequate remedy if this Section 4.3 is breached and, therefore,
either party shall, in addition to any other legal or equitable
remedies, be entitled to seek an injunction or similar equitable
relief against such breach or threatened breach without the
necessity of posting any 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
