9. ThisSoftware License is the only understanding and agreement between you and Barco for use of the Software by you and/or Autho-
rizedUsers. TheSoftware License supersedes all other communications, understandings or agreements we had prior to this Software
License(with the exception of any continuing condentiality agreement) although nothing in this Software License purports to exclude
liabilityfor fraudulent misrepresentation. You may not export or re-export the Software or any copy or adaptation in violation ofany
applicable laws orre gulations. This Software License shall not be altered, amended or varied. If any provision of this Software Li-
censeis determined to be illegal, void or unenforceable, or if any court of competent jurisdiction in any nal decision so determines,
thisSoftware License shall continue in full force save that such provision shall be deemed to be deleted with effect from the date of
suchdecision, 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
applicableinternational 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 afliated
companies.
12. The construction, validity and performance of this Software License shall be governed in all respectsby the laws of Belgium without
recourse to its conict of law principles. All disputes arising in any way out of or affecting this Software License shall be subject
to the exclusivejurisdiction 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 InternationalSale of Go ods(the "Conven tion")shall not apply to this
SoftwareLicense, however, if the Convention is deemed by a court of competent jurisdiction to apply to this Software License, Barco
shallnot be liable for any claimed non-conformance of the Software under Article 35(2) of the Convention.
TrademarksSoftware License Terms
Brandand product names mentioned in relation to the Software may be trademarks, registered trademarksor copyrights of their respective
(thirdparty) holders. Allsuch brand and product names mentioned in relation to the Software serve as comments or examples and are not
tobe under stooda s advertisingfor the products or their manufacturers.
Privacy Policy
Youacknowledge and agree that theSoftware is gathering technical information about the functionality of the products which areconnected
through theS oftware(“Functional Information”) and that Barco may make use of such Functional Information (with the exclusion of any
personaldata) for any reason B arco sees t, including but not limited to providing services to you / your organization, allowing third party
toaccess to such Functional Information and/or to provide services to you / your organization .
Youhereby explicitly give consent that Barco may gather, access, preserve, and/or disclose the personal data you provide to us (e.g.
connectedwith your account allowing for the gathering of Functional Information as well as any content associated with that account) as
wellas personal information we receive from you through the use of the Software:
For the benet of the business purposes of Barco and/or its afliates;
Inorder to provide, maintain, protect and/or improve the Softwareand to develop new software;
Foradm inistrationof the relationship between you, your organization and Barco and/or its afliates ;
For any other legitimate purpose (including i) direct marketing purposes fromB arco, its afliatesor selected third parties, and ii)
allowing thirdparties to provide services to you related to the Software);
ifrequired to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- Satisfyany applicable law, regulation, legal process or enforceable governmental request;
- Enforcethis Software License, including investigation of potential violations hereof;
- Detect,prevent, or otherwise address fraud, security or technical issues (including, without limitation, the lteringof s pam);
- Protectagainst imminent harm to the rights, property or safetyof Barco, its users or the public as required or permitted by law.
Barcoshall not process any “sensitive information” whatsoever, including but not limited to medical information.
Youunderstand that the technical processing and transmission of or by the Software, including your content, may involve:
Transmissionsover various networks;
Changesto conform and adapt to technical requirements of connecting networks, devices and/or services.
Youhereby explicitly give consent that Barco may export your personal data to any coun tryworldwide, especially to any country where
Barcoand/or its afliates have infrastructure, or where a third party is making available infrastructure to Barco and/or its afliates, to process
personal data.
Barco fully adheres to the EU Directive 95/46/EC on the protectionof individuals with regard to the processing of personal data and the
free movement of suchda ta, asim plemented inthe local EU member states. In accordance with these regulations, you have a right of
accessto, and rectication of, your personal data. Youmay ex ercisethese rights by contacting Barco.
OpenSource Software provisions:
This productc ontains softwarecom ponentsreleas ed underan Open Source license. A copy of the source code is available on request
by contacting your Barco customer support representative.