TO THE MAXIMUM EXTENT PERMITTE D B Y L AW, BARCO ACCEPTS NO LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS Y OU
OR ANY T H IRD PARTY MAY SU FFER AS A RES U LT OF YOUR USE OF T H E S OF T WARE. IN JURI SID CT ION S W HERE BARCO’S
LIABILITY CANNOT BE EX CLUD E D, BARCO’S LIABILITY F O R DIRECT DAMAGES SHALL BE LIMITED TO T HE LICENSE FEES AC-
TUALLY PAID FOR THE SOFTWARE DURING THE TW ELVE M ONTHS PRECEEDING THE CLAIM (OR AN AMOUNT OF 250 EURO
IF NO FEE WOULD BE PAID) IN THE AGREGATE.
TO THE MAX IMU M EXTEN T PERMITTED B Y LAW, IN NO EVENT WILL B ARCO BE LIA BLE FOR ANY I ND IREC T, S PEC IA L, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL LO SS OR DAMAGES OF ANY KIND W HICH MAY ARISE OUT OF O R IN CONNECTION W ITH
THE SOFTWARE, THIS SOFTWARE LICENSE OR THE PERFORMA NCE OR PURPORTED PERFORM ANCE OF O R FAILURE IN THE
PERFORMANCE OF BARCO’S OBLIGATIONS UNDER THIS SOFTWARE LICENSE OR FOR ANY ECO NOMIC LOSS, LOSS OF BUSI-
NESS, CONTRACTS, DATA, GOODWILL, PROFITS, TURNOVER, REVENUE, REPUTATION OR ANY LOSS ARISING FROM W ORK
STOPPAGE, COMPU TER FAILURE O R MALFUNCTION OF THE SOFTWARE AND ANY AND ALL OTHER C OMMERCIAL DAMAGES
OR LOSSES WHICH M AY ARISE IN RESPECT OF USE OF THE SOFTWARE, EVEN IF BARCO HAS BEEN ADVISED OF THE POS-
SIBILITY OF THEIR OCCURRENCE.
8. Confidentiality
8.1 Confidential Information. You will be receiving information which is proprietary and confidential to Barco during the procure-
ment and Term of this License Agr eement. “Confidential Information” shall include (i
) the underlying logic, source code and concepts of
the Software or other trade secrets (the access to which is strictly limited as expressly set out herein), (ii) any information designated as
confidential by Barco or which has the necessary quality of co n fidence about it and (iii) a ny license key provided by Barco to you hereun der.
8.2 Non-Disclosure. You agree not to divulge any Confidential Information to any pe rsons without Barco’s prior w ritten consent pro-
vided that this article 8 shall not extend to information which was rightfully in your possession prior to the comme ncem ent of this Licens e
Agreement, which is already public knowledge or becomes so at a future date (otherwise than as a r esult of a breach of this article 8), to
the extent it is required to be disclosed by law or which is trivial or obvious. You agree not to use any Confidential Information exce pt for
the au thorized purpose hereun der. The foregoing obligations as to confidentiality shall survive the Term of this License A greem ent.
9. Term and Term ination
9.1 Term. The duration of this License Agreement will be from the date of your ac ceptance (as set forth above) of the Software (whereby
you acknowledge that use o f the Software im plies ac ceptance), until you de- activate the Software, discontinue the use of the device on
which the Software was first installed for its intended us e or the expiration of the limited time period set out in the P roduct SpecificEULA,
whichever c omes first.
9.2 Termination. You may terminate this License Agreement at any time by destroying all copies of the S oftware then in your possession
and des troying all Documentation and associated m
aterials, or returning the s ame to Barco or the appointed Barco reseller that sold or
provided these to you. Ba rco m ay terminate this License Agreement, immediately or gradually in ac cordance with article 6 her eof, by
informing you at any time if an y user is in breach of any of the License Agreement’s terms.
9.3 Consequences of Termination. All righ ts associated with the us e of the Software and the acquisition of updates and upgrades
cease onc e the License Agreement is terminated or expires. Termination o r expiry of your lice nse will not entitle you to any retroactive
refund of current or pas t pay ments.
10. Other relevant terms
10.1 Personal Data. Whether or not Ba rco assumes the role of processor of personal data (as stated in the Pro duct S pecificEULA),you
remain solely res ponsible for comply ing w ith all applicable d ata protection laws and for implementing and m aintaining privacy protection
and security measures (especially for components that you provide or control). Barco disclaims any liability for any data not provided by
Barco, or a ny use of the Software outside the intended use as per this License Agreement or an applicable data processing annex.
10.2 Functional Information.Vi
a the S oftware, Barco may gather technical information about (i) the functioning and the function-
ality of the products whic h are connected through the S oftware, and/or (ii) as provided by you or generated by your us e of the Software
(“Functional Information”). Barco may make use of suc h Functional Information for purposes of analytics, for developing and improving
products and services, offer
ing products and services to your organization and/or allowing third parties to access such Func tional Informa-
tion; based on the legitim ate interest of B arco of evaluating the market, assessing and improving its products and conducting research and
development. All knowhow, inventions and works de rived by Barco from the Functional Information will be exclusively owned b y Barco.
11 . Final Clauses
11.1 Entire Agreement. This License Agreemen t is the only understanding and agreement between you and Barco for use of the
Software. This Licens e Agreement supersedes all other c omm unications, unders tandings or agreem ents we had prior to this License
Agreement (with the exception of any continuing confidentiality agreement).
11.2 Notices. Notices can be validly delivered through the DRM and alternatively or additionally to the parties’ last know n address.
11.3 Severability.Th
is License Agreement shall not be altered, amended or varied, except by written agreement signed by its parties.
If any provision of this License Agreement is determined to be illegal, void or unenforceable, or if any c ourt of competent jurisdiction in any
final decision so determines, this License Agreem ent shall continue in full force save that such provision shall be deemed to be deleted
with effect from th
e d ate of such decision, or s uch earlier date, and shall be replaced by a provision which is acceptable by law and which
embodies the intention of this License A greem ent a clos e as possible.
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