Barco С 5010S User Manual page 9

same to Barco or the appointed Barco reseller that sold or provided these to you. Barco may terminate this
License Agreement, immediately or gradually in accordance with article 6 hereof, by informing you at any time
if any user is in breach of any of the License Agreement's terms.
9.3 Consequences of Termination. All rights associated with the use of the Software and the acquisition
of updates and upgrades cease once the License Agreement is terminated or expires. Termination or expiry of
your license will not entitle you to any retroactive refund of current or past payments.
10. Other relevant terms
10.1 Personal Data. Whether or not Barco assumes the role of processor of personal data (as stated in the
Product Specific EULA), you remain solely responsible for complying with all applicable data protection laws
and for implementing and maintaining 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 any use of the
Software outside the intended use as per this License Agreement or an applicable data processing annex.
10.2 Functional Information. Via the Software, Barco may gather technical information about (i) the
functioning and the functionality of the products which are connected through the Software, and/or (ii) as
provided by you or generated by your use of the Software ("Functional Information"). Barco may make use of
such Functional Information for purposes of analytics, for developing and improving products and services,
offering products and services to your organization and/or allowing third parties to access such Functional
Information; based on the legitimate interest of Barco of evaluating the market, assessing and improving its
products and conducting research and development. All knowhow, inventions and works derived by Barco
from the Functional Information will be exclusively owned by Barco.
11. Final Clauses
11.1 Entire Agreement. This License Agreement is the only understanding and agreement between you
and Barco for use of the Software. This License Agreement supersedes all other communications,
understandings or agreements 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 known address.
11.3 Severability. This 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 court of competent jurisdiction in any final decision so determines, this License
Agreement 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, and shall be replaced by a provision which is acceptable by law
and which embodies the intention of this License Agreement a close as possible.
11.4 Export. You acknowledge that this Software may be subject to U. S. or other governments' Export
control laws and regulations. You agree to comply with all applicable international and national laws that apply
to the Software, including the U. S. Export Administration Regulations, as well as end-user, end-use, and
destination restrictions issued by the U.S. or other governments.
11.5 Survival. The provisions of articles 3, 5, 6, 7, 8, 10 and 11 will survive the termination of this License
Agreement, howsoever caused, but this will not imply or create any continued right to use the Software after
termination of this License Agreement.
11.6 Assignment. You are not allowed to assign this Agreement in part or in full to any third party without
Barco's consent. Barco shall be entitled to assign all or any of Barco's obligations hereunder to a third party
and/or any of Barco's Affiliates.
11.7 Law and Jurisdiction. The construction, validity and performance of this License Agreement shall be
governed in all respects by the laws of Belgium, without recourse to its conflict of law principles. All disputes
arising in any way out of or affecting this License Agreement shall be subject to the exclusive jurisdiction of the
courts of Kortrijk (Belgium), without prejudice to enforcement of any judgment or order thereof in any other
jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (the
"Convention") shall not apply to this License Agreement, however, if the Convention is deemed by a court of
competent jurisdiction to apply to this License Agreement, Barco shall not be liable for any claimed non-
conformance of the Software under Article 35(2) of the Convention.
YOU HEREBY ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY
ALL THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT AS INDICATED ABOVE