6. YOU UNDERSTAND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS". BARCO DO ES NOT MAKE NOR INTENDS
TO MAKE ANY WARRANTIES OR REPRE SENTATIONS, EXPRESS O R IMPLIED A ND SPEC IFICALLY DISCLAIMS ALL IMP LIED
WARRANTIES OF MERCHANTABILITY FITNESS, FOR A PARTICULAR PUR POSE AND NON-INFRINGEMENT OF INTELLEC-
TUAL PROPERTY AND DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ER RORS OR THAT SUCH ERRORS
WILL BE CORRECTED BY BARCO AND YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED
WITH RECTIFICATION, RE PAIR OR DA MAG E CAUS ED BY SUCH ERRORS.
YOU ALSO ACKNOW LEDGE AND AGREE THAT:
BARCO ACCE PTS NO LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS YOU OR ANY THIRD PARTY MAY SUFFER AS
A RESULT OF YOUR USE OF THE SOFTWAR E. IN JURISIDCTIONS W HERE BARCO’S LIABILITY CANNOT BE EXCLUDED,
BARCO’S LIABILITY FOR DIRECT DAMA GES SHALL BE LIMITED TO A N AMO UNT OF 250 EURO IN THE AGREGATE (OR TO
THE MAXIMUM EXTENT PERMITTED BY LAW WHERE NO FURTHER EXCLUSION IS LEGALLY ALLOWED).
TO THE MAXIMUM E XTENT PERM ITTED BY LAW, IN NO EVENT WILL BARCO B E LIABLE FOR ANY INDIRECT, SP ECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUE NTIAL LOSS OR DAMAGE S OF ANY KIND WHICH M AY ARISE O UT OF O R IN CON -
NECTION WITH THE SOFTWARE, THIS SOFTWARE LICENSE OR THE PERFORMANCE OR PURPORTED PERFORMANCE
OF OR FAILURE IN THE PERFORMANCE OF BARCO’S OBLIGATIONS UNDER THIS S OFTWARE LICENSE OR FOR A NY ECO-
NOMIC LOSS, LOSS OF BUSINESS, CONTRACTS, DATA, GOODWILL, PROFITS, TURNOVER, REVENUE, RE PUTATION OR
ANY LOS S ARISING FROM W ORK STOPPAGE, COMP UTER FAILURE OR MALFUNCTION OF THE SOFTWARE AND ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES WHICH MAY ARISE IN RESPECT OF USE OF THE SOFTWARE, EVEN IF
BARCO HAS BE EN ADVISED OF THE POSSIBILITY OF THEIR OCCURRE NCE.
YOU HEREBY AGREE TO INDEMNIFY, KEEP INDEMNIFIED, DEFEND AND HOLD HARMLE SS BARCO AND BARCO’S AFFILI-
ATES AND SUBSIDIARIES FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, LIABILITY, LOSS, DAMAGES, FEES
AND COSTS (INCLUDING ATTORNEYS" FEES), AND OTHER EXPENSES INCURRED OR SUFFERED B Y BARCO ARISING OUT
OF O R IN CONNECTION W ITH ANY BREACH BY YOU OF THE TERMS OF THIS SOFTWARE LICENSE.
7. You shall treat as confidential all information obtained from the other pursuant to this Software License which is marked "confidential"
or the e quivalent or has the nec essary quality of confidence about it and shall not divulge such information to any persons without
Barco’s prior written consent pr ovided that this Paragraph 7 shall not extend to information w hich was rightfully in the possession 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 r esult of a breach of this paragraph 7), is required to b e disclosed by law or which is trivial or
obvious. You are aware of and ensure to com ply w ith the provisions of this paragraph 7. The foregoing obligations as to confidentiality
shall survive any termination of this Software License.
8. You will remain responsible for the maintenance of your hardware, operating system, the functioning of your network and in keeping
your systems virus-free. You acknowledge that the S oftware is a complex com puter software application, and that the performance
thereof may vary depending hardware platform, software interactions and configu ration. You acknowledge that the Software is not
designed and produced specifically to meet your specific requirements and expectations and the selection of the So ftware by you is
entirely your own choice and decision. For the avoidance of doubt, nothing in this Software License shall impose any obligation on
Barco to provide supp ort services (on the Software or any other hardw are or software product).
9. This Softw are License is the only underst
anding and agreement between you and Barco for use of the Software by you and/o r A utho-
rized U sers. The Software License supersedes all other communications, understandings or agreements we had prior to this Software
License (with the exception of an y continuing confidentiality agreement) although nothing in this S oftware License purports to exclude
liability for fraudulent misrepres
entation. You may not export or re-export the Software or any copy or adaptation in v iolation 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 c ourt of competent jurisdiction in any final decision so determines,
this Software License sha
ll continue in full force s ave that such provision shall be deemed to be deleted with effect from the date of
such decision, or such earlier date, and shall be replaced by a provision whic h is acceptable by law and which embodies the intention
of this Software Lic ense a c lose as possible.
10. You acknowledge that this Software may be subject to U.S. or other g overnments Export Jurisdiction. You agree to comply with all
applicable international and national laws that apply 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 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, validity and per formance of this S oftware License shall be governed in a ll respects by the laws of B elgium without
recourse to its conflict of law principles. A ll disputes arising in any way out of or affecting this Software License shall be subject
to the exclusive jurisdiction of the c ourts of K ortrijk, without prejudice to enforcement of any judgment or order thereof in any other
jurisdiction. The U nited Nations Convention on Contracts for the International Sale of Goods (the "Conven tion") shall not apply to this
Software License, however, if the Convention is deemed by a court of comp etent jurisdiction to apply to this Software License, Barco
shall not be liable f or any claimed non-conformance of the So ftware under A rticle 35(2) of the Conv ention.
Trademarks S oft
ware License Terms
Brand and product names men tioned in relation to the Software m ay be trademarks, registered trademarks or copyrights of their respective
(third party) holders. All such brand and product nam es mentioned in relation to the Software serve as comments or ex amples and are not
to be understood a s advertising for the products or their manufacturers.
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 (“Fun ctional Information”) and that Barco may make use of suc h Functional Information (with the exclusion of any
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