User's Manual

6. YOU UNDERSTAND THAT THE SO FTWARE IS BEING PROVIDED TO YOU "AS IS". BARCO DOES NOT MAKE NOR INTENDS
TO MAKE ANY WARRANTIES OR REPRESENTATIONS, EXP RESS OR IMPLIED AND SPEC IFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY FITNESS, FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLEC-
TUAL PROPERTY AND DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR T HAT SUCH ERRORS
WILL BE C ORRECTED BY BARCO AND YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED
WITH RECTIFICATION, REPAIR OR DA MA GE C AUSED BY SUCH E RRORS.
YOU ALSO ACKNO WLEDGE AND AGREE THAT:
BARCO ACCEPTS NO LIABILITY FOR A NY DAMAGES, LOSSES O R CLAIMS YOU OR ANY THIRD PARTY MAY SUFFER AS A
RESULT OF Y OUR USE OF THE SOFTWARE, AND YOU HER EBY AGRE E TO INDEMNIFY, KEEP INDEMNIFIED, DEFEND A ND
HOLD HARMLESS BARCO AND BARCO"S AFFILIAT ES AND SUBSIDIARIES FROM AND AGAINST ANY AND ALL ACTIONS,
PROCEEDINGS, LIABILITY, LO SS, DAM AGES, F EES AND COSTS (INCLUDING ATTORNEYS" FE ES), AND OTHER EXPENSES
INCURRED OR SUFFERED BY BARCO ARISING O UT OF OR IN CONNECTION WITH ANY BREACH BY YOU O F THE TERMS OF
THIS SOFTWARE LICENSE. TO THE MAX IMUM EXTENT PERMITTED BY LAW, IN NO E VENT WILL BARCO BE LIABLE FOR ANY
INDIRECT, SPE CIAL, P UNITIVE, INCIDENTAL OR CONS EQUENTIAL LOSS OR DAMAGES OF ANY KIND WHICH MAY ARISE
OUT OF O R IN CONNECTION WITH THE SOFTWA RE, THIS SOFTWARE LICENSE OR T HE P ERFORMANCE OR PURPORTED
PERFORMANCE OF OR FAILURE IN THE PERFORMANC E OF BARCO"S OBLIGATIONS UNDER THIS S OFTWARE LICENSE
OR FOR ANY E CONO MIC LOSS, LOSS OF BU SINESS, CONTRACTS, D ATA, GOODWILL, P ROF ITS, TURNOVER, RE VENUE,
REPUTATION OR ANY LOSS ARISING FROM WORK STOPPAGE, COMPUTER FAILURE OR MALFU NCTION OF THE SOFT-
WARE AND ANY AND ALL OTHE R CO M MERCIAL D AM AGES O R L OSSE S WHICH MAY ARISE IN RESPECT OF USE OF THE
SOFTWARE, EVEN IF BARCO HAS BEEN ADVISED OF THE POSSIBILITY OF THEIR OCCURRENCE; AND
7. You shall treat as confidential 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 pr ior written consent provided that this Paragraph 7 shall not extend to information which was rightfully in the poss ession of
you prior to the commencement of the negotiations leading to this Software License, which is already public knowledge or becomes
so at a future date (otherwise than as a result of a br each of this paragraph 7), is required to be disclosed by law or w hich 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 ac cept the following limited service and suppor t stateme nts.
You will remain responsible for the maintenance of your hardware, operating s ystem, the functioning of your network and in keeping
your systems v irus-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 configuration. You acknowledge that the Software is not
designed and produced specifically to meet your specific requirements and expectations and the selection of the Software by you is
entirely your own choice and decision.
9. This Software License is the only understan
ding and agreement between you and Barco for use of the Software by you and/or Autho-
rized Users. The S oftware Licen se supersedes all other communications, understandings or agreements w e had prior to this Software
License (with the exception of an y continuing confidentiality agreement) although nothing in this Software License purports to exclude
liability for fraudulent m isrepresen
tation. You may 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 decision so determines,
this Software License shall conti
nue in full force s ave that 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 may be subject to U.S. or other governm ents Export Jurisdiction. You agree to comply with all
applicable international and national laws that apply 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 o ther governments.
11. Barco shall be entitled to sub-contract all or any of Barco’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 B elgium without
recourse to its conflict of law principles. All disputes arising in any way out of or affecting this Software Lic ense shall be subject
to the exclusive jurisdiction of the courts of Kortrijk, without prejudice to enforcement of any judgm ent 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, however, if
the Convention is deemed by a court of competent jur isdiction to apply to t his S oftware License, Barco s hall not
be liable for any claimed non-conformance of the Software under Article 35(2) of the Conv ention.
Trademarks S oftware License Terms
Brand an d product names mentioned in this m anual may be trademarks, registered tradem arks or copyrights of their respective holders.
All thir d party brand and product names mentioned in the product collaterals serve as comments or examples (including in respect of
compatibility) and are not to be understood as endorsements by their r espective owner for Barco or the B arco products.
Functional Inform ation Data
You understand that the Software is fitted with a connected functionality to Barco, and that B arco may be gathering (automatically or through
a manual proce ss) technical information about: