User's Manual

Barco ClickShare End-User License Agreement (EULA/Software License)
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE O PENING OR DO WNLO ADING AND US ING SOFTWARE OR HARDWARE
PROVIDED TO Y OU BY BARC O A S IT CONTAINS THE TERMS AND COND ITIONS BY WHICH BARCO OFFERS TO LICENSE THE
SOFTWA RE. BY O PENING T HE SOFTWARE PA CKAGE, OR USING THE HARDWARE IN WHICH THE SOFTWARE IS EMBED DED,
YOU AGREE TO BEC OME BO UND BY THE TE RMS OF THIS AG RE EMENT.
The Software as supplied by BARC O is licensed, not sold to you, on a non-exclusive basis for use only unde r the terms of this license,
and BARCO reserve all rights not expressly granted to you. You may own the carrier on which the Software is provided, but the Software
is owned and copyrighted by BARCO or by third party suppliers. Your license confers no title or ownership and is not a s ale of any rights
in the S oftware or its documentation.
By installing, executing and/or using the Software, either as initial version or as an upgra de, up
date, patch or enhancement of a prior
release, this Software License shall supersede any terms and conditions previously agreed upon (whether or not in writing) between Barco
and you with respect to the subject matter of this Software License and such previous terms shall from the date hereof cease to have any
force or effect; provided, howev er that this Software License shall not be construed as a ren
unciation, discha rge or waiver of any right or
remedy provided in any terms and conditions previously agreed upon with respect to a failure of either party to perform any of its obligations
under any terms and conditions previously agreed upon.
Softwa re Sp eci fica tions
The Software contains the following software products: ClickShare (base unit, button and client software).
Software License Terms
1. This Software Lic ense is between you and BARCO NV, a corporation organized and ex isting unde
r the law s of Belgium registered
under number BE 0473.191.041, Commercial Companies ’ Register of Kortrijk, having its regis tered office President Kennedypar k, 35
at B-85 00 Kortrijk, Belgium ("Barco") for the use of the Software.
You hereby undertake to inform all Authorized Users of the term s of th is Software License a
nd to bind all Authorized Users to acc ept all
such terms o f this Software License as applies to them. Barco gr ants you a limited, non-exclusive, non-assignable, non-transferable
license (w ithout the right to grant sublicenses).
2. The Software component parts must not be separated, replicated or reverse engineer ed in any manner. You and Authorized Users
are entitled to use the Software for the purposes and in the manner set out in this EULA (and documentation), but neither you nor
any Authorized User are entitled to: (i) sell or grant a s ecurity interest in the Software to other parties in any wa y, or to ren t, lease or
sub-license the Software to others without the express prior written consent of Barco; or (ii) exploit the Software or any of its component
parts for any commercial purpose, other than use by you and/or Authorized Users of the Software.
3. Barco sha ll hold you harmless and indemnify you from and against direct damages, losses and expenses arising from infringement
or alleged infringement of any patent, trademark or copyright of s uch third pa rty by the licen se and the right to install the Software as
permitted by this Software License and de fend and s ettle at its sole expense any claim, action, s uit or proceeding broug ht against you,
provided that ( i) you promptly notify B arco in writing after a claim has been asserted ag ainst y ou or the co mm encem ent of any claim,
action, suit or pr oceeding, and (ii) Barco shall assume sole control of the defense and any settlement ne gotiations related to any claim,
action, suit or proceeding, and (iii) you shall not negotiate, s ettle or compromise any claim, action, suit or proceeding without the p rior
written consent of Barco and (iv) you, at your cost, sha ll cooperate with Barco and provide assistance and support, as may reasonably
required by Barco, in c onnection with the defense and any settlement negotiations related to any claim, action, suit or proceeding.
Barco shall h ave no indem nity obligation for any Software, or any portion thereof, (i) that is based on s pecifica tions, drawings, models
or other data furnished by you or, ( ii) that is not prov ided by Barco or, (iii) that is m odified, in spite of the prohibition for you to modify
the software or, (iv) to the extent that you c ontinue allegedly infringing activity after having been provided modifications that avoid the
alleged infringement, or ( v) where the use of the Software, or the combination or thereof w ith other Software, processes or m aterials or
the distribution thereof rather than the Software itself is the primary cause of an alleged infringeme nt. In case it has bee n determ ined
by a finally awarded judgment that Barco infringed or misappropriated such third party r ights or earlier, at Barco’s discretion, it may, at
its option and cost, (i) modify the S oftware in such a way that it sh all not infringe upon or misappropriate the rights of the third party or
(ii) obtain for you a license or other right to use the rights allegedly infringed or (iii) replace the Software in question with non-infringing
Software. The remed ies set forth in this paragraph shall constitute your sole and exclusive remedy and Barco’s sole and exclusive
liability for a third party claim that the Product infringes or misappropriates any intellectual property right of a third party.
4. Barco (and Barco’s licensors, as appropriate) retain ownership of all intellectual property rights in the Software and any copies you or
any Authorized User ma y make of such Software. The S oftware is protected by national copyright laws, international copyright treaties
and conventions, and other applicable laws. All rights not expressly licensed to you in this Software License are reserved to Barco
and Barco’s licensors, as appropriate. The Software c ontains certain other licensed materials and Barco’s licensors may protect their
rights in the ev ent of any violation of this Software License. Neither you nor any Authorized User ma y, whether in whole or in part,
copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on the
Software, or remove any proprietary notices or labels on the Software, save as may be permitted by law or this S oftware License,
without the prior co nsent, in writing, of Barc o.
5. The duration of this Software License will be from the date of your acceptance (as set forth above) of the Software (whereby you ac-
knowledge that use of the Software im plies acceptance), with no termination date, unless otherwise specified. You may terminate this
Software Lic
ense at any time by destroying all copies of the Software then in your p ossession and returning all associated materials
and docum entation, to B arco or the appointed Barco rese ller that sold or provided these to you. Barco m ay terminate this Software
License forthwith by informing you at any time if you and/or any Authorized User are in breach of any of the Software License’s terms.