9. This Softw are License is the only understanding and agreem ent between you and Bar co for use of the Software by you and/or A utho-
rized U sers. The Software Licen se supersedes all other communications, understandings or agreements we had prior to this Software
License (with the exception of an y co ntinuing c onfidentiality agreement) although nothing in this S oftware License purports to exclude
liability for fraudulent misrepresentation. You m ay not export or re-export the Software or any copy or adaptation in violation of any
applicable laws or regulations. This Software License shall 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 S oftware License shall continue in full force save that such provision shall be d eemed to be deleted with effect fro m the date of
such decision, or s uch earlier date, and shall be replaced by a provision which is acceptable by law and which em bodies the intention
of this Software License a close as possible.
10. You acknowledge that this Software may be subject to U.S. or other governments Export Jurisdiction. You agree to comply w ith all
applicable international and national laws that ap ply to the Software, including the U.S. Expo rt Administration Regulations, as well as
end-user, end-use, and destination restrictions issued by the U.S. or other go vernments.
11. Barco shall be entitled to s ub-contract all or any of B arco’s obligations hereunder to a third party and/or any of Barco’s affiliated
companies.
12. The construction, v alidity and performance of this S oftware License s hall be governed in all respects by the laws of Belgium without
recourse to its conflict of law princ iples. All disputes arising in any way out of or affect
ing this Software License shall be subject
to the ex clusive jurisdiction of the courts of Kortrijk, without prejudice to enforcement of any judgm ent or order thereof in any other
jurisdiction. The United Nations Conven tion on Co ntracts 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 comp etent jur
isdiction to apply to this S oftware License, Barc o
shall not be liable for any claimed non-conformance of the Software under Article 35(2) of the Convention.
Trad emarks Software License Te rms
Brand and product names men tioned in relation to the Software m ay be trademarks, registered trademarks or copyrights of t heir respective
(third party) holders. All such brand and product names mentioned in relation to the Software serve as comm ents or examples and are not
to be understood a s advertising for the products or their m anufacturers.
Privacy Policy
You acknowledge and agree that the Software is gathering technical information about the functionality of the products which are connected
through the Software (“Functional Information”) and tha
t Barco may make use of such Functional Information (with the ex clusion of any
personal data) for any reason Barco sees fit, including but not limited to providing services to you / your organization, allowing third party
to access to such F unctional Information and/or to provide services to you / your organization .
You hereby ex plicitly give c onsent that Barco may gather, access, preserve, and/or d isclose the personal data y ou provide to us (e.g.
connected with your account allowing for the ga thering of Functional Information as well as any content a ssociated with that account) as
well as personal information we receive from you through the use of the Software:
• For the benefit of the business purposes of Bar co and/or its affiliates;
• In order to pr ovide, maintain, protect and/or impro
ve the Software and to develop n ew software;
• For administration of the relationship between you, yo ur organization and Barco and/or its affiliates ;
• For any other legitimate purpose (including i) d irect marketing purpos es from B arco, its affiliates or selected third parties, and ii)
allowing third parties to provide services to y ou related to the Software);
• if required to do so by law or in a good faith belief that such access preservation or disclosure is reas onably necessary to:
- Satisfy any applicable law, regulation, legal process or enforceable governmental request;
- Enforce this Software License, including investigation of potential violations hereof;
- Detect, prevent, or otherwise address fraud, sec urity or technical issues (including, without limitation, the filtering of s pam);
- Protect against imminent harm to the rights, property or safety of Barco, its users or the public as required or perm itted by law.
Barco shall not process any “sensitive information” whatsoever, including but not limited to medical information.
You understand that the technical processing and transmission of or by the Software, including your content, may involve:
• Transmissions over various networks;
• Changes to conform and adapt to technical requirements of connecting network s, devices and/or services.
You hereby explicitly give consent that Barco ma y export your personal data to any coun try worldwide, especially to any country where
Barco and/or its affiliates have infrastructure, or where a third party is making available infrastructure to Barco and/or its affiliates, to process
personal data.
Barco fully adheres to the EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and the
free movement of such data, as implemented in the local EU member states. In accordance with these regulations, you have a right of
access to, and rec tification of, your p ersonal data. You may exercise these rights by contacting Barco.
Open Source Software provisions:
This product contains software components released under an Ope n Sourc e license. A copy of the source code is av ailable on request
by contacting your Barco customer support representative.
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