Barco ClickShare CX-20 Gen2 User Manual page 55

Regulatory information
CORRECTED BY BARCO. EXCEPT FOR ANY MAINTENANCE AND SUPPORT OBLIGATIONS
SEPARATELY AGREED, YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES
ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS. IN THE
FORTHCOMING CASE, THE WARRANTY DISCLAIMER FOUND IN APPLICABLE OPEN SOURCE
LICENSES SHALL OVERRIDE THE PROVISIONS OF THIS LICENSE AGREEMENT.
6. Compliance and Enforcement
6.1 'Reporting and Audit'. In addition to good practice record-keeping obligations, you agree to report the use
of the Software and relating billing metrics in the DRM or otherwise as agreed. You grant to Barco and its
designated auditors, at Barco's expenses, the right to verify your Software deployments and to examine your
books, records and accounts during your normal business hours so as to verify your compliance with the
License Agreement. In the event such audit discloses non-compliance with your payment obligations
hereunder, you shall promptly pay to Barco the appropriate license fees plus the reasonable cost of
conducting the audit.
6.2 'Enforcement'. Barco shall notify the then known user through the DRM (failing of which, otherwise in
writing) of a substantial non-compliance, based on the triggers as per the Product Specific EULA. The non-
compliance may result in an immediate or graduate denial of service (i. e. termination of the rights granted
under the License Agreement), in part or in full, all based on the level of severity of the non-compliance [as per
the Product Specific EULA].
6.3 'Indemnification'. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BARCO
AND BARCO'S AFFILIATES FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, LIABILITY,
LOSS, DAMAGES, FEES AND COSTS (INCLUDING ATTORNEY 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. 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
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