Barco CSE-200 Installation Manual page 4

Hide thumbs Also See for CSE-200:
Table of Contents

Advertisement

1.
This Software License is between you and BARCO NV, a corporation organized and existing under the laws of Belgium registered
under number BE 0473.191.041, Commercial Companies' Register of Kortrijk, having its registered office President Kennedypark, 35
at B-8500 Kortrijk, Belgium ("Barco") for the use of the Software.
You hereby undertake to inform all users authorized by you to make use of the computing device on which the Software is loaded/in-
stalled ("Authorized Users") of the terms of this Software License and to bind all Authorized Users to accept all such terms of this
Software License as applies to them.
2.
Barco grants you a limited, non-exclusive, non-assignable, non-transferable user license (without the right to grant sublicenses).
Unless specifically agreed upon otherwise between you and Barco or unless specifically allowed by the Software (or its DRM man-
agement) itself, i) the license under this Software License applies to one (1) copy of the Software to be used on one single computing
device and ii) installation on a computing device that may be concurrently accessed by more than one user shall not constitute a
permitted use and a separate license is required for each active user connected to a computing device on which the Software is being
used.
You and Authorized Users are entitled to use the Software for the purposes and in the manner set out in this Software License (and
documentation), but neither you nor any Authorized User are entitled to: (i) sell or grant a security interest in the Software to other
parties in any way, or to rent, lease or sub-license the Software to others without the express prior written consent of Barco; or (ii)
exploit the Software or any of its component parts for any commercial purpose, other than use by you and/or Authorized Users of the
Software.
Neither you nor any Authorized User may, whether in whole or in part, copy, translate, reverse engineer, derive source code from,
modify, disassemble, decompile, create derivative works based on the Software, or remove any proprietary notices or labels on the
Software, save as may be permitted by law or this Software License, without the prior consent, in writing, of Barco.
3.
Barco (and Barco's licensors, as appropriate) retain ownership of all intellectual property rights in the Software and any copies you
or any Authorized User may make of such Software. The Software is protected by national copyright laws, international copyright
treaties and conventions, and other applicable laws. All rights not expressly licensed to you in this Software License are reserved
to Barco and Barco's licensors, as appropriate. The Software contains certain other licensed materials and Barco's licensors may
protect their rights in the event of any violation of this Software License.
4.
Barco shall hold you harmless, defend and indemnify you from and against direct damages, losses and expenses arising from in-
fringement or alleged infringement of any patent, trademark or copyright of such third party by the license and the right to install the
Software as permitted by this Software License and settle at its sole expense any amounts awarded in a final judgment or settlement
resulting therefrom, under the condition that (i) you promptly notify Barco in writing after a claim has been asserted against you or
the commencement of any claim, action, suit or proceeding (whichever is the earlier), and (ii) Barco shall be allowed to assume sole
control of the defense and any settlement negotiations related to any claim, action, suit or proceeding, and (iii) you shall not negotiate,
settle or compromise any claim, action, suit or proceeding without the prior written consent of Barco and (iv) you, at your cost, shall
cooperate with Barco and provide assistance and support, as may reasonably be required by Barco, in connection with the defense
and any settlement negotiations related to any claim, action, suit or proceeding. Barco shall have no indemnity obligation for any
Software, or any portion thereof, (i) that is based on specifications, drawings, models or other data furnished by you or, (ii) that is
not provided by Barco or, (iii) that is modified, in spite of the prohibition for you to modify the software or, (iv) to the extent that you
continue allegedly infringing activity after having been provided modifications that avoid the alleged infringement, or (v) where the use
of the Software, or the combination or thereof with other Software, processes or materials or the distribution thereof rather than the
Software itself is the primary cause of an alleged infringement. In case it has been determined by a finally awarded judgment that
Barco infringed or misappropriated such third party rights or earlier, at Barco's discretion, it may, at its option and cost, (i) modify the
Software in such a way that it shall not infringe upon or misappropriate the rights of the third party or (ii) obtain for you a license or
other right to use the rights allegedly infringed or (iii) replace the Software in question with non-infringing Software. The remedies set
forth in this paragraph shall constitute your sole and exclusive remedy and Barco's sole and exclusive liability for a third party claim
that the Software infringes or misappropriates any intellectual property right of a third party.
5.
The duration of this Software License will be from the date of your acceptance (as set forth above) of the Software (whereby you ac-
knowledge that use of the Software implies acceptance), with no termination date, unless otherwise specified. You may terminate this
Software License at any time by destroying all copies of the Software then in your possession and returning all associated materials
and documentation, to Barco or the appointed Barco reseller that sold or provided these to you. Barco may terminate this Software
License forthwith by informing you at any time if you and/or any Authorized User are in breach of any of the Software License's terms.

Hide quick links:

Advertisement

Table of Contents
loading

Table of Contents