Barco CLICK SHARE CS-100 User Manual page 7

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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 THE LICENSE FEES AC-
TUALLY PAID FOR THE SOFTWARE DURING THE TWELVE MONTHS PRECEEDING THE CLAIM (OR AN AMOUNT OF 250 EURO
IF NO FEE WOULD BE PAID) IN THE AGREGATE.
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 CONNECTION 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 ECONOMIC LOSS, LOSS OF BUSI-
NESS, 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 POS-
SIBILITY OF THEIR OCCURRENCE.
8. Confidentiality
8.1 Confidential Information. You will be receiving information which is proprietary and confidential to Barco during the procure-
ment and Term of this License Agreement. "Confidential Information" shall include (i) the underlying logic, source code and concepts of
the Software or other trade secrets (the access to which is strictly limited as expressly set out herein), (ii) any information designated as
confidential by Barco or which has the necessary quality of confidence about it and (iii) any license key provided by Barco to you hereunder.
8.2 Non-Disclosure. You agree not to divulge any Confidential Information to any persons without Barco's prior written consent pro-
vided that this article 8 shall not extend to information which was rightfully in your possession prior to the commencement of this License
Agreement, which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this article 8), to
the extent it is required to be disclosed by law or which is trivial or obvious. You agree not to use any Confidential Information except for
the authorized purpose hereunder. The foregoing obligations as to confidentiality shall survive the Term of this License Agreement.
9. Term and Termination
9.1 Term. The duration of this License Agreement will be from the date of your acceptance (as set forth above) of the Software (whereby
you acknowledge that use of the Software implies acceptance), until you de-activate the Software, discontinue the use of the device on
which the Software was first installed for its intended use or the expiration of the limited time period set out in the Product Specific EULA,
whichever comes first.
9.2 Termination. You may terminate this License Agreement at any time by destroying all copies of the Software then in your possession
and destroying all Documentation and associated materials, or returning the 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 function-
ality 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 Informa-
tion; 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.