Barco CX-50 Gen2 Installation Manual page 8

7. Limitation of Liability
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 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 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 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.
8. Confidentiality
8.1 'Confidential Information'. You will be receiving information which is proprietary and confidential to Barco
during the negotiation 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 provided that this article 8 shall not extend to information which was rightfully in your
possession prior to the commencement of the negotiations leading to 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 returning all Documentation and associated materials, 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 contract is terminated or expires. Cancelling your license will stop
recurring fees going forward, but will not retroactively refund current or past payments.
10. Other relevant terms
10.1 'Data Protection'. Barco may, without restriction, save, process, use and reuse any data obtained in
connection with the sales or supply of the Services. Barco shall take suitable technical and organizational
measures to protect personal data received against loss and unlawful processing.
10.2 'Functional Information'. Via the Software, Barco may gather technical, aggregated and/or statistical
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 and its service providers may process and use such Functional Information for analytics purposes, for
developing and improving products and services, offering products and services to Your organization, all
based on the legitimate interest of Barco of evaluating the market, assessing and improving its products and
conducting research and development. This Section shall survive the term of this Agreement.