3.3 Source Code Access. To the extent required under third party (open s ource) license terms, and for a period of 36 months following
your acceptance of this License Agreement, Barco shall provide access to the source code controlled by a third party (open source) license,
via em ail or download link. If the relevant license terms require so, you m ay require Barco (attn. its legal department, at the address s tated
above) to obtain such code on tangible medium against payment of the cost of media, shipping and handling.
3.4 Trademarks / Copyright. Any brand and product names mentioned in r elation to the Software may be trademarks, r egistered
trademarks or copyrights of their respective (third party) holders. In addition, the Software is protected by national and international laws
and treaty provisions. Copyright on the Software components belongs to the respective initial copyright holder, each additional contributor
and/or their respective assignee(s), as may b e identified in the Software Documentation, source code, R EAD ME file, or otherwise. You shall
not remove or obscure or otherwise alter any trademark, copyright or other proprietary notices, legends or logo’s plac ed on or contained
within the Software.
3.5 Trade Secrets. You acknowledge that the Software embodies valuable trade secrets of Barco and its third pa rty licensors and agree
not to disclose, provide or otherwise m ake available such trade secrets contained within the Software and Documentation in any form to
any third party without the prior written consent of Ba rco. You shall implement all reasonable security measures to protect such trade
secrets.
4. Support
4.1 Principle. Barco is under no obligation to provide support and maintenance in respect of the Software, ex cept as included in a
Product Specific EULA and/or to the extent you have entered into a separate maintenance an d support agr eement and paid applicable
maintenance and support fees. Any una uthorized us e of the Software, as specified in any maintenance and support agreem ent, may
prohibit Barco from providing such support and m aintenance.
4.2 Support policy. Maintenance releases updates or u pgrades can be obtained under the terms of a separate m aintenance and
support agreem ent which is being offered to you. Such agreements, together with the support included in a Product Specific EULA, include
Barco’s sole liability and your sole remedy in respect of the support and maintenance of the Software. You agree to install any m aintenance
releases to a ddress bugs or security issues in the Software if the same are being provided to you. Barco will keep you informed as of when
earlier versions of the Software are no longer serviced.
4.3 Remote connectivity. Barco may require, as a m aterial condition to provide maintenance or support, that the Software remains
remotely connected with Barco ove r a network.
5. Warranty
EXCEPT FOR THE LIMITED WARRANTY THAT MAY APPLY AS PER THE PRODUCT SPECIFIC E ULA, YOU UNDERSTAND THAT
THE SO FTWARE IS BEING PROVIDED TO YOU "AS IS". BARCO DOES NOT MAKE NOR INTENDS TO MAKE ANY WARRAN TIES O R
REPRESENTATIONS, EXPRE SS OR IMPLIED AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF ME RCHANTABILITY,
FITNESS FOR A PARTICULAR P URPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND DOES NOT WARRANT
THAT THE SOFTWARE WILL BE FREE FRO M ERRORS OR THAT YOU W ILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT
INTERRUPTIONS O R THAT SUCH ERRORS WILL BE CO RR ECTED BY BARCO. EXCEPT FOR ANY MAINTENANCE AND SUPPORT
OBLIGATIONS SEPARATELY AGREED, YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH
RECTIFICATION, REPAIR OR DAMAG E CA USED BY S UCH ERRORS . IN THE FORTHCOMING CASE, THE WARRANTY DISCLAIMER
FOUND IN APPLICABLE OPEN S OURCE LICENSES SHALL OVER RIDE THE PROV ISIONS OF THIS LICENSE AG REEMENT.
6. Compliance a nd Enforcement
6.1 Reporting and Audit. In addition to good practice record-keeping obligations, you agree to report the use of the So ftware and
relating billing metrics in the DRM or otherw ise as agreed. You grant to Barco and its designated auditors, a t Barco’s expenses, the right
to v erify your deploym ent and use of the Software during your norm al business hours so as to verify y our compliance with the License
Agreement. In the ev ent such a udit reveals non- comp liance with your payment obligations hereunder, you shall promptly pay to Bar co the
appropriate license fees plus the reasonable cost of conducting the audit.
6.2 Fair Use Monitor. You are informed and acknowledge that the Software includes technology which allows to remotely decrease
(in part or in full) the functi
onality of the Software (the “Fair Use Monit or”). Such technology is an enabling tool and a material condition
precedent for Barco to enter into this License Agreem ent.
6.3 Enforcement. Upon breach of the License A greem ent (including overdue paymen t), Barco shall inform the then known user, through
the DRM or otherwise in writing, (i) which condition of the License Agree ment (including payment terms) is violated; (ii) allow a period of
8 c alendar days to cure such breach, if it can be cured at all; and (iii) inform which part of the functionality Barco intends to reduce (all
Software or certain additionally licens ed features only; in part or in full) if the breach is not remedied on time and in full.
6.4 Remedy. If the breach is not cur ed within the applicable remedy per iod (or cannot be cured at all), Barco shall have the option (i) to
cause you to procure s uch additional licenses required as per the actual usage; (ii) to r educe the Software’s functionality, including through
the use of the Fair Use Monitor; or (iii) to terminate the License Agree ment as set out herein, without prejudice to any other reme dies
available at law, under contract or in equity.
6.5 Indemnification. YOU HERE BY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BARCO AND BARCO’S AFFILI-
ATES FROM AND AGAINST ANY AND ALL A CTIONS, PROCEE DINGS, LIABILITY, LOSS, DAMAGES, FEES AND COSTS (INCLUDING
ATTORNEY FE ES), AND OTHER EXPENSES INCURRED OR SUFFERED BY BARCO ARISING O UT OF OR IN CONNE CTION WITH
ANY BREACH BY YOU OF THE TERMS OF THIS SOFTWARE LICENSE.
7. Limita ti on o
f Liability
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