3. Terms of Use
The Software can be used as set out in the Barco EULA attached hereto.
The provisions of this Product Speci
fi
c EULA override the Barco generic EULA in case of con
fl
icts or inconsistencies.
In case of (inadvertent or other) non-compliance (e.g. where the actual use overshoots the use authorized hereunder), Barco shall have
the option to suspend access to the Software until the non-compliance is remedied, failing of which Barco may terminate the License
Agreement as set out herein.
4. Privacy
You are controller for personal data which are being processed via the Software. Therefore, you remain solely responsible for complying
with all applicable data protection laws and for implementing and maintaining privacy protection and security measures (especially for
components that you provide or control). Barco disclaims any liability in this regard.
Barco created a speci
fi
c privacy policy for the ClickShare software application for mobile devices, which describes the processing of per-
sonal data via this application (
http://www.barco.com/en/about-barco/legal/privacy-policy/clickshare-app
).
5. Other Terms
•
Open Source components
The Software contains software components released under an Open Source license.
A list of the third party components used is available in the Software’s README
fi
les, through the “My Barco” section of the Barco
website or through other (online) means. The applicable license terms, copyright notices and, as relevant, source code access con-
ditions apply as set out in the Barco EULA attached hereto.
•
Retention of data
Barco right to use and retain Functional Information (section 10.2 of the EULA) shall survive the term of this EULA.
BARCO END USER LICENSE AGREEMENT
By accepting these terms (through tick box or other mechanism designed to acknowledge agreement to the terms of an electronic copy
of this License Agreement), or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Software (as
de
fi
ned below), (i) you accept this License Agreement on behalf of the entity for which you are authorized to act (e.g., your employer) and
you agree to act in a manner consistent with this License Agreement (or, if there is no such entity for which you are authorized to act, you
accept this License Agreement on behalf of yourself as an individual and acknowledge that you are legally bound by this Agreement), and
(ii) you represent and warrant that you are duly empowered by the end user in case you act on behalf of such entity.
These terms apply to your use of the Software as of and for the original Term of your license. When you renew or purchase an additional
license, the then current version of this License Agreement shall apply and will remain unchanged during the term of that license and/or
in respect of such changed elements. The other contract documents (Product Speci
fi
c EULA; Maintenance and Support Agreement, if
and when provided alongside with this document) applies in addition to these terms and constitute the entire License Agreement. You
acknowledge that an electronic copy of this Agreement shall have the same proving value as a hard copy signed by the parties.
If you are unwilling to accept this License Agreement on these terms, or you do not have the right, power and authority to act on behalf
of and bind such entity (or yourself as an individual if there is no such entity), DO NOT SELECT THE “I ACCEPT” BUTTON OR OTH-
ERWISE CLICK ON ANY BUTTON OR OTHER MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT, AND DO NOT INSTALL,
DOWNLOAD, ACCESS, OR OTHERWISE COPY OR USE ALL OR ANY PORTION OF THE SOFTWARE.
1. De
fi
nitions
“Af
fi
liate” means any corporation or other entity directly or indirectly, controlling, controlled by or under common control with such corpo-
ration or entity. For the purpose of the above, “control” shall mean (i) the ownership or control, directly or indirectly, of
fi
fty percent (50%)
or more of the equity capital or the shares or voting rights in the corporation or other entity in question or (ii) the control of the composition
of the board of directors of the corporation or other entity in question.
“Barco” means Barco NV (company number 0473.191.041) with company address at Beneluxpark 21, 8500 Kortrijk, Belgium, or its des-
ignated Af
fi
liate licensing to you the proprietary software which is the subject matter of this Agreement.
“Documentation” means all technical, reference and installation manuals, user guides, published performance speci
fi
cations and other
written documentation provided by Barco generally to its licensees with respect to the Software, along with any modi
fi
cations and updates
thereto;
“DRM” means Barco’s digital rights management platform used to provide access to and access conditions of the Software.
“License Agreement” means this Barco End User License Agreement (EULA), incorporating the terms of the Product Speci
fi
c EULA, and
any modi
fi
cations thereof as set out herein.
“Product Speci
fi
c EULA” means the supplemental software terms applicable
“Software” means the computer software, released in object code only, which is being licensed hereunder, as described in the applicable
purchase order and related Product Speci
fi
c EULA.
“Term” means the period set out in article 9.1 hereof, as well as any agreed renewal period.