LeCroy SDA, Руководство оператора

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SDA-OM-E Rev H
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
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.