7. You shall treat as c onfidential all information obtained from the other pursuant to this Software License whic h 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 prior written consent provided that this Paragraph 7 shall not extend to information which was rightfully in the possession of
you prior to the commencement of the negotiations leading to this Software License, 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. Th e foregoing obligations as to confidentiality
shall survive any termination of this Software License.
8. You agree with and fully accept the following lim ited service and support statements.
You will rem ain responsible for the maintenance of your hardw are, operating system, the functioning of your network and in keeping
your systems virus-free. You acknowledge that the Software is a complex 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 c hoice and decision.
9. This Software License is the only understanding and agreem ent between you and Barco for us e of the Software by you and/or Auth o-
rized Users. The Software License supersedes all other c omm unications, understandings or agreements we had prior to this Software
License (with the exc eption of any continuing confidentiality agreement) although nothing in this Software License purports to exclude
liability for fraudulent misrepresentation. You may not export or re-export the Software or any c opy or adaptation in v iolation of any
applicable laws or regulations. This Software License shall not be altered, am ended or varied. If any provision of this Software Li-
cense is determined to be illegal, void o r unenforceable, or if any court of competent jurisdiction in any final dec ision so determines,
this Software License shall 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.
10. You acknowledge that this Software may be subject to U.S. or other governments
Export Jurisdiction. You agree to comply with all
applicable international and national laws that ap ply to th e Software, including the U.S. Export Administration Regu lations, as well as
end-user, end-use, and destination res trictions issued by the U.S. or other governments.
11. Barco shall be entitled to sub-contract all or a ny 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 Licens e shall be governed in all respects by the laws of B elgium without
recourse to its conflict o f law principles. A ll disputes arising in any way out of or affecting this S oftware License s hall be subject
to the exclusive jurisdiction of the courts of Kortrijk, without prejudic e to enforcement of any judgment or order thereof in any other
jurisdiction.
13. The Un ited Nations Co nvention on C ontracts for the International Sale of Goods (the "Conv ention") shall not apply to this Software
License, however, if the Convention is deemed by a court of competent jurisdiction to apply to this Software License, Barco s hall not
be liable for any claimed non-conformance of the Software under Ar ticle 35(2) of the Convention.
Trademarks Software License Term s
Brand and product names mentioned in this manual m ay be trademarks, registered trademarks or copyrights of their respective holders.
All third party brand and product names mentioned in the product collaterals serve as comm ents or examples (including in respect o f
compatibility) and are not to be understood as endorse ments by their respective owner for Ba rco or the Barco products.
Functional Information Data
You understand that the Software is fitted with a connected functionality to Barco, an d that Barco m ay be gathering (automatically or through
a manual process) technical information about:
• The identity of the prod uct in question (such as but not limited to MAC ID, OS version, Software version, ...)
• Details about the c onnection to B arc o (s uch as but not limited to the fir st conn ection, last con nection, # of attempts, IP address of the
device, ...)
• The functionality of the products which are connected through the Software, and/or
• As otherwise provided by you.
(hereafter referred to as “Func tional Information”).
You acknowledge and agree that Barco may make use of such Functional Information for any reason Barc o sees fit, including but not
limited to analytics, providing services to your organization, allowing third party to access to such Functional Information and/or to provide
services to your org anization.
Functional Data shall only r elate to technical aspects of the prod uct in question. Functional Data shall under no circumstance contain
any data relating to an identified or, directly or indirectly, identifiable natural person (including pseudononymised data). (“Personal Data”).
Barco does not control, collect o
r processes an y Personal Data through the Functional Data. Bar co consequently is not to be considered
a data controller or data p rocessors under applicable legislation.
Privacy Policy
You hereby explicitly give c onsent that Barco may gather, access, pr eserve, and/or disclose Personal data as provided by you (e.g. con-
nected with your account allowing for the gathering of Functional Information as well as any content associated with that account):
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