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4. Barco shall hold you harmless, defend and indemnify you from and against d irect damages, losses and ex penses arising from in-

fringement or alleged infringement of any patent, trademark or copyright of such third party by the license and the right to install the

Software as permitted by this Software License and settle at its sole expense any amounts awarded in a ﬁnal judgment or settlement

resulting therefrom, under the condition that (i) you promptly no tify B arco in writing after a claim has been asserted against you or

the commenc emen t of any claim, action, suit or proceeding (whichever is the earlier), and (ii) Barco shall be allowed to assume sole

control of the defense and any settlement negotiations related to any claim, action, suit or proceeding, and (iii) you shall not negotiate,

settle or compromise any claim, action, suit or proceeding without the prior written cons ent of B arco and (iv) you, at your cost, shall

cooperate w ith Barco and provide assistance and support, as may reasonably be required by B arco, in connection with the defense

and any settlement negotiations related to any claim, action, suit or proceeding. Barco shall have no indem nity obligation for any

Software, or any portion thereof, (i) that is based on speciﬁc ations, drawings, m odels or other data furnished by you o r, (ii) that is

not provided by B arco or, (iii) th at is m odiﬁed, in spite of the prohibition for you to modify the software or, (iv) to the extent that y ou

continue allegedly infringing activity after having been provided modiﬁcations that avoid the alleged infringement, or (v) where the use

of the Software, or the comb ination or thereof with other Software, processes or materials or the distribution thereof rather than the

Software itself is the primary c ause of an alleged infringement. In case it has been determined by a ﬁnally aw arded judgment that

Barco infringed o r mis appropriated such third party rights or earlier, at Barco’s discretion, it may, at its option and cost, (i) modify the

Software in such a way that it shall n ot infringe upon or misappropriate the rights o f the third party or (ii) obtain for you a license or

other right to use the rights allegedly infringed or (iii) replace the Software in question with non-infringing Software. The remedies set

forth in this paragraph s hall constitute your sole and exc lusive remedy and Barco’s sole and exclusive liability for a third party claim

that the Software infringes or misappropriates any intellectual property right of a third party.

5. The duration of this Software License will be from the date of your acceptance (as s et forth above) of the Software (whereby you ac-

knowledge that use of the Software implies acceptance), with no termina tion date, unless otherwise speciﬁed. You may terminate this

Software License at any time by destroying all copies of the Software then in your p osses sion and returning all associated m aterials

and documentation, to Barco or the appo inted Barco reseller that sold or provided these to you. Barco may terminate this Software

License forthwith by informing you at any time if you and/or any Authorized Us er are in breach of any of the Software License’s terms.

6. YOU UND ERSTAND TH AT THE SOFTWARE IS BEING PROVIDED TO Y OU "AS IS". BARCO DOES NOT M AKE NOR INTENDS

TO MAKE ANY WARRANTIES OR RE PRESE NTATIONS, EXPRESS OR IMPLIED AND SPECIFICALLY D ISCLAIMS ALL IMPLIED

WARRANTIES OF MERCHA NTABILITY FITNESS, FO R A PA RTICULAR PURPOSE AND NON-INFRINGEMENT O F INTELLEC-

TUAL PROPERTY AND DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR THAT SUCH ERRORS

WILL BE C ORRECTED BY BARCO AND YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED

WITH RECTIFICATION, RE PA IR OR DAMAGE CAUSED BY SUCH ERRORS.

YOU ALSO ACKNO WLEDGE AND AGREE THAT:

BARCO ACCEPTS NO LIABILITY FOR ANY DAMA GES, 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 CA NNOT BE EXCLU DED,

BARCO’S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO AN AMOUNT OF 250 EURO IN THE A GREGATE ( 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 B E LIABLE FOR AN Y INDIRECT, SPECIAL,

PUNITIVE, INCIDENTAL OR CO NSEQUE NTIAL LOSS O R DAMAGES OF ANY KIND WHICH M AY ARISE OUT O F 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 T HIS SOFTWARE LICENSE OR FOR ANY ECO-

NOMIC LOSS, LOSS OF BUSINESS, CONTRACTS, DATA, GOODWILL, PROFITS, TURNOVER, REVENUE, REPUTATION OR

ANY LOSS A RISING 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 H ERE BY 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), A ND OTHER EXPENSES INCURRED OR SUFFERED B Y BARCO A RISING OUT

OF OR IN CONNECTION WITH ANY BREACH BY YOU OF THE TERMS OF TH IS 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 s hall not extend to information which was rightfully in the possession of

you pr ior to the com mencement 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 t o be disclosed by law or w hich is trivial or

obvious. You are aware of and ensure to com ply with the provisions of this paragraph 7. The foregoing obligations as to conﬁdentiality

shall survive any termination of this Software License .

8. You w ill remain responsible for the maintenance of your hardware, operating system, the functioning of your network and in keeping

your systems v irus-free. You acknowledge that the Software is a complex computer software application, and that the performance

thereof may vary depending hardware platform, s oftware interactions and conﬁgu ration. You ackn owledge that the Software is not

designed an d produced speciﬁcally to meet your speciﬁc requirements and expectations and the selection of the So ftware 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 supp ort se rvices (on the S oftware or any other hardware or software product).

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