Barco R5900006, 3

4. Barco shall hold you harmless, defend and indemnify you from and against direct damages, losses and expenses arising from in-

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

Softwareas 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 notify Barco in writing after a claim has been asserted against you or

thecommencemen tof any claim ,action, suit or proceeding (whichever is the earlier), and (ii) Barco shall be allowed to assume sole

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

settleor compromise anyclaim, action, suit or proceeding without the prior written consent of Barco and (iv) you, at your cost, shall

cooperatewith Barco and provide assistance and support, as may reasonably be required by Barco, in connection with the defense

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

Software, or any portion thereof, (i) that is based on speciﬁcations, drawings, models or other data furnishedby you or, (ii) that is

not provided by Barco or,(iii) that is modiﬁed, in spite of the prohibition for you to modify the software or, (iv) to theextent that you

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

of theS oftware,or the combinationor thereof with other Software, processes or materials or the distribution thereof rather than the

Software itselfis the primary cause of an alleged infringement. In case it has been determined by a ﬁnally awarded judgment that

Barcoinfringed or misappropriated 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 not infringeupon or misappropriate the rights of the thirdpa rtyor (ii) obtain for you a license or

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

forthin this paragraph shall constitute your sole and exclusive remedy and Barc o’ssole and exclusive liability for a third party claim

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

5. Theduration of this Software License will be from the date of your acceptance (as set forth above) of the Software (whereby you ac-

knowledgethat use of the Software implies acceptance), with no termination date, unless otherwise speciﬁed. Youmay terminate this

SoftwareLicense at any time by destroying all copies of the Software then in your possession and returning all associated materials

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

Licenseforthwith by informing you at any time if you and/or any Authorized User are in breach of any of the SoftwareLic ense’sterms.

6. YOUUNDERS TANDTHAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS". BARCO DOES NOT MAKE NOR INTENDS

TOMAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIMS ALL IMPLIED

WARRANTIES OF MERCHANTABILITYFITNESS, FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLEC-

TUALPROPERTY AND DOES NOT WARRANT THATTHE SOFTWARE WILL BE FREE FROM ERRORS OR THAT SUCH ERRORS

WILLBE CORRECTED BY BARCO AND YOU ARE SOLELY RESPONSIBLEFOR ALL COSTS AND EXPENSES ASSOCIATED

WITHRE CTIFICATION,REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.

YOU ALSO ACKNOWLEDGE AND AGREE THAT:

BARCO ACCEPTS NO LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS YOU OR ANY THIRD PARTY MAYSUFFER AS

A RESULTOF YOUR USE OF THE SOFTWARE. IN JURISIDCTIONS WHERE BARCO’S LIABILITY CANNOT BE EXCLUDED,

BARCO’SLIABILITY FOR DIRECT DAMAG ESS HALL BE LIMITEDTO AN AM OUNT OF 250 EURO IN THE AGREGATE(OR TO

THEMAXIMUM EXTENT PERMITTED BY LAW WHERENO FURTHER EXCLUSION IS LEGALLYALLOWED).

TO THE MAXIMUM EXTENT PERMITTED BY LAW,IN NO EVENT WILL BARCO BE LIABLE FOR ANY INDIRECT, SPECIAL,

PUNITIVE, INCIDENTALOR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND WHICH MAY ARISE OUT OF OR IN CON-

NECTION WITH THE SOFTWARE, THIS SOFTWARELICENSE OR THE PERFORMANCE OR PURPORTED PERFORMANCE

OFOR FAILURE IN THE PERFORMANCE OF BARCO’S OBLIGATIONS UNDER THIS SOFTWARE LICENSE OR FOR ANY ECO-

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

ANYLOSS ARISING FROM WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OF THE SOFTWARE AND ANY AND

ALLOTHER COMMERCIAL DAMAGES OR LOSSES WHICH MAYARISE IN RESPECT OF USE OF THE SOFTWARE, EVENIF

BARCO HAS BEEN ADVISEDOF THE POSSIBILITY OF THEIR OCCURRENCE.

YOUH EREBY AGREE TOINDE MNIFY,KEEP INDEMNIFIED, DEFEND AND HOLD HARMLESS BARCO AND BARCO’S AFFILI-

ATESAND SUBSIDIARIESFROM AND AGAINST ANY AND ALL ACTIONS,PROCEEDINGS, LIABILITY,LOSS, DAMAGES,FEES

ANDCOSTS (INCLUDING ATTORNEYS" FEES), AND OTHER EXPENSESINCUR RED ORS UFFEREDB Y BARCOA RISINGOUT

OFOR IN CONNECTION WITH ANY BREACH BY YOU OF THE TERMS OF THIS SOFTWARE LICENSE.

7. Youshall 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’sprior written consent provided that this Paragraph 7 shall not extend to information which was rightfully in the possession of

youprior to the commencement of the negotiations leading to this Software License, which is already public knowledge or becomes

soat a future date (otherwise than as a result of a breach of this paragraph 7), is required to be disclosed by law or which is trivial or

obvious. Youare aware of and ensure to comply with the provisions of this paragraph 7. The foregoing obligations as to conﬁdentiality

shall survive any termination of this Software License.

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

yours ystemsvirus-free. You acknowledge that the Softwareis a complex computer software application, and that the performance

thereof may vary depending hardware platform, software interactionsand conﬁguration. You acknowledge that the Software is not

designedand prod uced speciﬁcally to meet your speciﬁc requirementsand expectations and the selection of the Software by you is

entirelyyo urown choic e and decision. For the avoidance of doubt, nothing in this Software License shall impose any obligation on

Barcoto provide support services (on the Software or any other hardware or software product).