9. This Software License is the only understand ing and agreem ent between you and Barco for use of the Software by you and/or A utho-
rized Users. The Software Licen se supersedes all other c omm unications, understan dings or agreem ents we had prior to this Software
License (with the exc eption of any continuing confidentiality agr eement) although nothing in this Software License purports to exclude
liability for fraudulent misrepresentation. You m ay not export or re-export the Software or any copy or adaptation in v iolation of any
applicable laws or regulations. This Software License shall not be altered, amended or varied. If any provision of this Software Li-
cense is determined to be illegal, void o r unenforceable, or if any c ourt of competent jurisdiction in any final decision so determines,
this S oftware License shall continue in full force save t hat 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 em bodies the intention
of this Software License a close as possible.
10. You acknowledge that this Software m ay be subject to U.S. or other governments Export Jurisdiction. You agree to com ply w ith all
applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as w ell as
end-user, end-use, and destination restrictions issued by the U .S. or other governments.
11. Barco shall be entitled to sub-contract all or a ny of Barco’s obligations hereunder to a third party and/or any of Barco’s affiliated
companies.
12. The construction, validity and performance of this Software License shall be governed in all respects by the laws of Belgium without
recourse to its conflict of law princ iples. All disputes arising in any way out of or affect
ing this Software License s hall b e subject
to the ex clusive jurisdiction of the courts of Kortrijk, without prejudice to enforcement of any judgm ent or order thereof in any other
jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (the "Convention") shall not apply to t his
Software License, however, if t he Convention is deemed by a court of competent jur
isdiction to apply to this Software License, Barco
shall not be liable for any claimed non-conformance of the So ftware under Article 35(2) of the Convention.
Trademarks S oftware License Terms
Brand and product names men tioned in relation to the Software may be trademarks, registered trademarks or copyrights of their respective
(third party) holders. All such brand and product names mentioned in relation to the Software serve as comments or ex amples and are not
to be under stood as advertising for the products or their m anufacturers.
Privacy Policy
You acknowledge and agree that the Software is gathering technical information about the functionality of the products which are connected
through the Software (“Functional Information”) and tha
t Barco may make use of such Functional Information (with the ex clusion of any
personal data) for an y reason Barco sees fit, including but not limited to providing services to you / your or ganization, a llowing third party
to access to such Functional Information and/or to provide services to you / your organization .
You hereby explicitly give consent that Barco may gather, access, preserve, and/or disclose the personal data you provide to us (e.g.
connected with your account allowing for the gathering of Functional Information as well as any content associated with that account) as
well as personal information we receive from you through the use of the Software:
• For the ben efit of the business purposes of Barco and/or its affiliates;
• In order to provide, maintain, pr otect and/or impro
ve the Software and to dev elop new software;
• For administration of the relationship between y ou, your organization and Barco and/or its affiliates ;
• For any other legitimate purpose (including i) d irect marketing purposes from B arco, its affiliates or selected third parties, and ii)
allowing third parties to provide services t o you related to the S oftware);
• if required to do so by law or in a good faith belief that such acc ess pr eservation or disc losure is reas onably nec essary to:
- Satisfy any applicable law, regulation, legal process or enforceable governmental request;
- Enforce this Software License, including investigation of potential violations hereof;
- Detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam);
- Protect against imminent harm to the rights, property or safety of Barco, its users or the public as required or permitted by law.
Barco shall not process any “sensitive information” whatsoev er, including but not limited to medical information.
You understand that the technical processing and transmission of or by the Software, including your content, may involve :
• Transmissions over various networks;
• Changes to conform and adapt to technical requirements o f connecting networks, devices and/or services.
You hereby explicitly give cons ent that Barco may export your personal data to any country worldwide, especially to any country whe re
Barco and/or its affiliates have infrastructure, or where a third party is making available infrastructure to Barco and/or its affiliates, to pr ocess
personal data.
Barco fully adheres to the EU Directive 95/46/EC on the protection of individuals with rega rd to the processing of personal data and the
free movement of such data, as implemented in the local EU member states. In accordance with these regulations, you have a right of
access to, and rectification of, your p ersonal data. You may exercise these rights by contacting Barco.
Open Source Software provisions:
This product contains software components released under an Ope n Sourc e license. A copy of the source code is av ailable on request
by contacting your Barco customer support representative.
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