User Manual

7. You shall treat as c onfidential all information obtained from the other pursuant to this Software License which is marked "confidential"
or the equivalent o r has the necessary quality of confidence about it and shall not divulge such information to any persons without
Barco’s prior written consent provided that this Paragraph 7 s hall not extend to information which was rightfully in the poss ession of
you prior to the com menc ement of the negotiations leading to this Software License, which is already public k nowledge or becomes
so at a future date (otherwise than as a r esult of a breach of this paragraph 7), is required to be disclose d by law or which is trivial or
obvious. You are aware of and ensure to com ply with the provisions of this paragraph 7. The foregoing obligations as to confidentiality
shall survive any termination of this Software License.
8. You agree with and fully accept the following limited se rvice a nd suppor t stateme nts.
You will remain responsible for the m aintenance of your hardware, operating system, the functioning of your network and in k eeping
your systems v irus-free. You acknowledge that th e S oftware is a complex computer software application, and that the performance
thereof may vary depending hardware platform, software interactions and configuration. You acknowledge that the Software is not
designed and produced specifically to meet your spec ific requirements and expe ctations and the selection of the Software by you is
entirely your own choice and decision.
9. This Softw are License is the only understanding and agreement between you and Barco for use of the Software by you and/or A utho-
rized U sers. The S oftware Licen se supersedes all other comm unications, understandings or agreements we had prior to t his Software
License (with the exception of an y continuing confi dentiality agreement) although nothing in this Software License purports to exclude
liability for fraudulent misrepresentation. You m ay not export or re-export the Software or any copy or adaptation in violation of any
applicable laws or regulations. This Software License s hall not be altered, amended or varied. If any provision of this Software Li-
cense is determined to be illegal, void or unenforceable, or if any court of competent jurisdiction in any final dec ision so determines,
this Software License shall continue in full force s ave t hat such provision shall be d eemed to be deleted with effect from the date of
such decision, or such earlier date.
10. You acknowledge that this Software m ay be subject to U .S. or other governments
Export Jur isdiction. You agree to comply with all
applicable international and national laws that ap ply to the Software, including the U .S. Export Administration Regulations, as well as
end-user, end-use , and destination restrictions issued by the U.S. or o ther go vernments.
11. Barco shall be entitled to s ub-contract all or any of Barco’s obligations hereunder to a third party and/or any of Barco’s affiliated
companies.
12. The construction, validity and performance of this Software License shall be governed in all respects by the laws of Belgium without
recourse to its conflict of law principles. A ll disputes arising in any way out of or affecting this Software License shall be subject
to the ex clusive jurisdiction of the c ourts of Kortrijk, without prejudice to enforcement of any judgment or order thereof in any other
jurisdiction.
13. The U n ited Nations Convention on Contracts for the International Sale of Goods (the "Convention") shall not apply to this Software
License, how ever, if the Convention is deemed by a co urt of compe tent jurisdiction to apply to this Software License, B arco shall not
be liable for any claimed non-conformance of the Software under Ar ticle 35(2) of the Conv ention.
Trademarks S oftware License Terms
Brand an d pro duct names mentioned in this m anual m ay be trademarks, registered tradem arks or copyrights of their respective holders.
All third party brand and product names mentioned in the product collaterals serve as comments or ex amples (including in respect of
compatibility) and are not to be understood as endorse ments by their respec tive owner for Barco or the Barco products.
Functional Inform ation Data
You understand that the Software is fitted with a c onnected functionality to Ba rco, and that B arco m ay be gathering (automatically or through
a manual proce ss) technical information about:
• The identity of the product in ques tion ( such as but not limited to MA C ID, OS version, Software version, ...)
• Details about the connection to B arc o (such as but not limited to the first conn ection, last con nection, # of attempts, IP address of the
device, ...)
• The functionality of the products which are c onnected through the S oftware, and/or
• As otherwise p rovided by you.
(hereafter referred to as “Functional Information”).
You acknowledge and agree that Barco may make use of such Functional Information for any reason Barco sees fit, including but not
limited to analytics, providing services to y our organization, allowing third party to acces s to s uch F unctional Information and/or to provide
services to y our organization.
Functional Data shall only relate to t echnical aspects of the product in question. Functional Data shall under no circumstance contain
any data r elating to an identified or, directly or indirectly, identifiable natural person (including pseud ononymised data). (“Personal Data”).
Barco does not control, c ollect o
r processes any Personal Data th rough the F unctional Da ta. Barco consequently is not to be considered
a data controller or data processors under applicable legislation.
Privacy Policy
You hereby ex plicitly give consent that Barco may gather, access, preserve, and/or disclose Personal data as provided by you (e.g. con-
nected with your account allowing for the ga thering of Functional Information as w ell as any content associated with that account):