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9. This Software License is the only understanding and agreement between you and Barco for use of the Software by you and/or Autho-
rized Users. The Software License supersedes all other communications, understandings or agreements we had prior to this Software
License (with the exception of any continuing confidentiality agreement) although nothing in this Software License purports to exclude
liability for fraudulent misrepresentation. You may not export or re-export the Software or any copy or adaptation in violation 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 or unenforceable, or if any court of competent jurisdiction in any final decision so determines,
this Software License shall continue in full force save that 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 embodies the intention
of this Software License a close as possible.
10. You acknowledge that this Software may be subject to U.S. or other governments Export Jurisdiction. You agree to comply with all
applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well 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 any 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 principles. All disputes arising in any way out of or affect
ing this Software License shall be subject
to the exclusive jurisdiction of the courts of Kortrijk, without prejudice to enforcement of any judgment 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 this
Software License, however, if the 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 Software under Article 35(2) of the Convention.
Trademarks Software License Terms
Brand and product names mentioned 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 examples and are not
to be understood as advertising for the products or their manufacturers.
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 exclusion of any
personal data) for any reason Barco sees fit, including but not limited to providing services to you / your organization, allowing 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 benefit of the business purposes of Barco and/or its affiliates;
• In order to provide, maintain, protect and/or impro
ve the Software and to develop new software;
• For administration of the relationship between you, your organization and Barco and/or its affiliates ;
• For any other legitimate purpose (including i) direct marketing purposes from Barco, its affiliates or selected third parties, and ii)
allowing third parties to provide services to you related to the Software);
• if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary 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” whatsoever, 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 of connecting networks, devices and/or services.
You hereby explicitly give consent that Barco may export your personal data to any country worldwide, especially to any country where
Barco and/or its affiliates have infrastructure, or where a third party is making available infrastructure to Barco and/or its affiliates, to process
personal data.
Barco fully adheres to the EU Directive 95/46/EC on the protection of individuals with regard 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 personal data. You may exercise these rights by contacting Barco.
Open Source Software provisions:
This product contains software components released under an Open Source license. A copy of the source code is available on request
by contacting your Barco customer support representative.