Barco CSE-200 Installation Manual page 5

6. YOU UNDERSTAND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS". BARCO DOES NOT MAKE NOR INTENDS
TO MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY FITNESS, FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLEC-
TUAL PROPERTY AND DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR THAT SUCH ERRORS
WILL BE CORRECTED BY BARCO AND YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED
WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.
YOU ALSO ACKNOWLEDGE AND AGREE THAT:
BARCO ACCEPTS NO LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS YOU OR ANY THIRD PARTY MAY SUFFER AS
A RESULT OF YOUR USE OF THE SOFTWARE. IN JURISIDCTIONS WHERE BARCO'S LIABILITY CANNOT BE EXCLUDED,
BARCO'S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO AN AMOUNT OF 250 EURO IN THE AGREGATE (OR TO
THE MAXIMUM EXTENT PERMITTED BY LAW WHERE NO FURTHER EXCLUSION IS LEGALLY ALLOWED).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BARCO BE LIABLE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND WHICH MAY ARISE OUT OF OR 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 SOFTWARE LICENSE OR FOR ANY ECO-
NOMIC LOSS, LOSS OF BUSINESS, CONTRACTS, DATA, GOODWILL, PROFITS, TURNOVER, REVENUE, REPUTATION OR
ANY LOSS ARISING FROM WORK STOPPAGE, COMPUTER 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 BEEN ADVISED OF THE POSSIBILITY OF THEIR OCCURRENCE.
YOU HEREBY AGREE TO INDEMNIFY, KEEP INDEMNIFIED, DEFEND AND HOLD HARMLESS 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 BY BARCO ARISING OUT
OF OR IN CONNECTION WITH 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 equivalent or 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 knowledge 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. 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 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 choice and decision. For the avoidance of doubt, nothing in this Software License shall impose any obligation on
Barco to provide support services (on the Software or any other hardware or software product).
9. This Software License is the only understanding and agreement between you and Barco for use of the Software by you and/or Autho-
rized Users. The Software License supersedes all other communications, understandings or agreements we had prior to this Software
License (with the exception 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 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 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, and shall be replaced by a provision which is acceptable by law and which embodies 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 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. 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 performance of this Software License 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 Software License shall be subject
to the exclusive jurisdiction of the courts of Kortrijk, 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
Software License, however, if the Convention is deemed by a court of competent jurisdiction to apply to this Software License, Barco
shall not be liable for any claimed non-conformance of the Software under Article 35(2) of the Convention.
Trademarks Software License Terms
Brand and product names mentioned in relation to the Software may be trademarks, registered trademarks or copyrights of their respective
(third party) holders. All such brand and product names mentioned in relation to the Software serve as comments or examples and are not
to be understood as 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 ("Functional Information") and that Barco may make use of such Functional Information (with the exclusion of any