Appendix Ix: Barco, Inc. End User License Agreement - Barco NGS-D200 User Manual

Appendix IX: BARCO, INC. END USER LICENSE AGREEMENT

Appendix IX: BARCO, INC. END USER
LICENSE AGREEMENT
THIS LICENSE AGREEMENT IS THE LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU ("YOU") AND BARCO, INC. ("BARCO")
GOVERNING YOUR USE OF THE SOFTWARE THAT OPERATES WITH THIS BARCO PRODUCT ("SOFTWARE"). IF YOU DOWNLOAD AND
INSTALL THE SOFTWARE OR POWER UP OR OTHERWISE USE THE PRODUCT, YOU ARE INDICATING THAT YOU HAVE READ AND
UNDERSTOOD, AND AGREE TO BE BOUND BY, THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU ARE NOT GRANTED ANY RIGHTS
WHATSOEVER IN THE SOFTWARE AND YOU HAVE NO RIGHT TO USE THE PRODUCT.
LICENSES
Subject to the terms of this agreement, Barco grants you a nonexclusive, nontransferable license to run the SOFTWARE provided with the Product and
any updated versions downloaded by you only on and as incorporated in the Product. This is a license and not a sale. You shall not (i) copy or distribute,
sublicense, lease, rent or otherwise transfer the SOFTWARE to any third party except with and incorporated in the Product, and then not for value; (ii)
modify, adapt, alter, translate, or create derivative works of the SOFTWARE; (iii) decompile, disassemble, reverse engineer or otherwise derive source
code, or attempt to derive source code, from the SOFTWARE except to the extent Barco may, in certain jurisdictions, be required by law to permit
reverse engineering and provided that the provisions of such law may not be waived or conditioned on prior request for information regarding
interoperability; or (iv) have any of the foregoing done for you by a third party. The SOFTWARE and all intellectual property rights therein are the
exclusive property of Barco or its suppliers, except to the extent that the SOFTWARE contains Separately Licensed Code, as provided below. Barco
reserves the right to update the SOFTWARE from time to time in its sole discretion, including adding, changing or removing functionalities and features,
including but not limited to changing the user interface. All rights in and to the SOFTWARE not expressly granted to you in this Agreement are reserved
by Barco.
THRID PARTY NOTICES
You acknowledge and agree that at least some portions of the Licensed Materials may be based on industry recognized standards published by industry
recognized standards bodies and that certain third parties claim to own patents and copyrights that cover implementation of those standards. You
acknowledge and agree that this Agreement does not convey any license to any such third party patents, copyrights, and other intellectual property
rights and that You are solely responsible for any intellectual property infringement claims that relate to Your use of the Licensed Materials. Some of the
technology utilized in the Product is subject to third party licenses, which require that you be given this notice:
THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL
USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 VIDEO") AND/OR (ii)
DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY
AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR
SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATED TO ANY PROMOTIONAL, INTERNAL
AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPLEGLA.COM.
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A
CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS
ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO
PROVIDER LICENSED BY MPEG LA TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
ADDITIONAL MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPLEGLA.COM.
WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. BARCO DISCLAIMS ALL WARRANTIES, ORAL OR
WRITTEN, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY. ANY AND ALL OTHER
WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY ARE EXPRESSLY EXCLUDED. YOU SHALL NOT
HAVE THE RIGHT TO MAKE OR PASS ON, AND SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT NEITHER YOU NOR ANY OF
YOUR DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL MAKE OR PASS ON ANY WARRANTY OR REPRESENTATION ON BEHALF OF
BARCO TO ANY THIRD PARTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL BARCO OR ITS SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY,
INCIDENTAL AND INDIRECT DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS OR DATA OR USE OR FOR THE COST OF SUBSTITUTE
GOODS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF, OR IN CONNECTION WITH THE SOFTWARE
OR YOUR USE THEREOF. IN NO EVENT WILL BARCO'S OR ITS SUPPLIERS' TOTAL CUMULATIVE LIABILITY RELATING TO THE SOFTWARE
EXCEED THE PURCHASE PRICE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
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NGS-D200 User Guide