User's Manual

6. YOU UNDERSTAND THAT THE SOFTWARE IS BEING PROVIDE D TO YOU "AS IS". BARCO DOES NOT MAKE NOR INTENDS
TO MAKE ANY WARRANTIES OR REPRESENTATIONS, EXP RESS OR IMPLIED A ND SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY FITNESS, F OR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLEC-
TUAL PROPERTY AND DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR THAT SUCH ERRORS
WILL BE CORRECTED BY BARCO AND YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED
WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.
YOU ALSO ACKNOW LEDGE AND AGREE THAT:
BARCO ACCE PTS NO LIABILITY FO R ANY DAMAGES, LO SSES OR CLAIMS YOU OR ANY THIRD PARTY MAY SUFFER AS
A RESULT OF YOUR USE OF THE SOFTWARE. IN JURISIDCTIONS WHERE BARCO’S LIABILITY CANNOT BE EXCLUDED,
BARCO’S LIABILITY F OR DIRECT DAMAGES SHALL BE LIMITED TO A N AMO UNT OF 250 EURO IN THE AGREGATE (OR TO
THE MAXIMUM EXTENT PERMITTED BY LAW WHERE N O FURTHER EXCLUSION IS LEGALLY ALLOWED ).
TO THE MAXIMUM E XTENT P ERMITTED BY LAW, IN NO EVENT WILL BARCO BE LIABLE FO R ANY INDIRECT, SP ECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUE NTIAL LOSS OR DAMAGE S OF ANY KIND WHICH M AY ARISE O UT OF O R IN CON -
NECTION WITH THE SOFTWARE, THIS SOFTWARE L ICENSE OR THE PERFORMAN CE OR PURPORTED PERFORMANCE
OF OR FAILURE IN THE PERFORMANCE O F BARCO ’S OBLIGATIONS UNDER THIS SO FTWARE LICENSE OR FOR A NY ECO -
NOMIC LOSS, LOSS OF BUSINESS, CONTRACTS, DATA, GOODWILL, PROFITS, TURNOVER, REVENUE, RE PUTATION OR
ANY LOSS A RISING FROM W ORK S TOPPAGE, COMPUTER FAILURE OR M ALFUNCTION O F THE SOFTWARE AND ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES WHICH MAY ARISE IN RESPECT OF USE OF THE SOFTWARE, EVEN IF
BARCO HAS BEEN ADVISED OF THE POSSIBILITY OF THEIR OCCURRENCE.
YOU HEREBY AGREE TO INDEMNIFY, KEEP INDEMNIFIED, DEFEND AND HOLD HARMLESS BARCO AND BARCO’S AFFILI-
ATES AND SUBSIDIARIES FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, LIABILITY, LOSS, DAMAGES, FEES
AND COSTS (INCLUDING ATTORNEYS" FEES), A ND OTHER EXPEN SES INCUR RED OR SUFFERED BY BARCO ARISING OUT
OF OR IN CONNECTION WITH ANY BREACH BY YOU O F THE TERMS OF THIS SOFTWARE LICE NSE.
7. You shall treat as c onfidential all info rmation obtained from the other pursuant to this Software License whic h is marked "confidential"
or the e quivalent or has the nec essary quality of confidence about it and shall not divulge s uch information to any per sons without
Barco’s prior written consent provided that this Paragraph 7 shall not extend to information whic h was rightfully in the possession of
you prior to the commenc ement of the negotiations leading to this Software Lic ense, which is already public k nowledge or becomes
so at a future date (otherwise than as a result of a breach of this paragraph 7), is required to be disclosed by law or which is trivial or
obvious. You are aware of and ensure to comply with the provisions of this paragraph 7. The foregoing obligations as to confidentiality
shall survive any termination of this Software License.
8. You will remain responsible for t he maintenance of your hardware, operating system, the functioning of your network and in keeping
your systems virus-free. You acknowledge that the Software is a com plex computer software application, and that the performance
thereof may vary depending hardware platform, software interactions and confi guration. You acknowledge that the Software is not
designed and produced specifically to meet your spec ific requirements and expectations and the selection of the Software by you is
entirely your own choice and decision. F or t he avoidance of doubt, nothing in this Software License shall impose any obligation on
Barco to provide support services (on the Software or any other hardware or software product).
9. This Software License is the only underst
anding and agreement between you and Barco for use of the Software by you and/or Autho-
rized Users. The S oftware License supersedes all other c omm unications, understandings or agreements we had prior to this Software
License (with the exception of an y continuing confidentiality agreement) although nothing in this Software License purports to exc lude
liability for fraudulent misrepres
entation. You may not export or re-export the Software or any copy or adaptation in v iolation 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 decision so determines,
this Software License sha
ll continue in full force save that such provision shall be deemed to be deleted with effect from the date of
such decision, or such earlier date, and shall be replaced by a provision which is acceptable by law and which embodies the intention
of this Software License a close as possible.
10. You acknowledge that this Software m ay be subject to U.S. or other g overnm ents Ex port Jurisdiction. You a gree to comply with all
applicable international and national laws that ap ply to the Software, including the U.S. Export Administration Regu lations, as well as
end-user, end-use, and destination restrictions issued by the U.S. or other governments.
11. Barco shall be entitled to sub-contract all or any of B arco’s obligations hereunder to a third party and/or any of Barco’s affiliated
companies.
12. The construction, v alidity 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. All disputes arising in any way out of or affecting this S oftware License s hall be subject
to the exclusive jurisdiction of the c ourts of K ortrijk, with out prejudice to enforcement of any judgment or order thereof in any other
jurisdiction. T he United Nations Convention on Contracts for the International S ale of Goods (the "Convention") shall not apply to this
Software License, however, if the Convention is deemed by a court of comp etent jurisdiction to apply to this Software License, Barco
shall not be liable for any claimed non-conformance of the Software under Article 35(2) of the Convention.
Trademarks S oft
ware License Terms
Brand and produc t names mentioned in relation to the Software may be trademar ks, registered trademarks or copyrights of their respective
(third party) holders. All such brand and produc t nam es mentioned in relation to the Software serve as c omm ents or examples and are not
to be understood as advertising for the products or their manufacturers.
Privacy Policy
You acknowledge and agree that the S oftware is gathering technical information about the functionality of the products which are c onnected
through the Software (“Fun ctional Information”) and that Barco may make use of suc h Functional Information (with the exclusion of any