Barco ClickShare CSE-800, User Manual

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Barco ClickShare End-User License Agreement (EULA/Software License)
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE OPENING OR DOWNLOADING AND USING SOFTWARE OR HARDWARE
PROVIDED TO YOU BY BARCO AS IT CONTAINS THE TERMS AND CONDITIONS BY WHICH BARCO OFFERS TO LICENSE THE
SOFTWARE. BY OPENING THE SOFTWARE PACKAGE, OR USING THE HARDWARE IN WHICH THE SOFTWARE IS EMBEDDED,
YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
The Software as supplied by BARCO is licensed, not sold to you, on a non-exclusive basis for use only under the terms of this license,
and BARCO reserve all rights not expressly granted to you. You may own the carrier on which the Software is provided, but the Software
is owned and copyrighted by BARCO or by third party suppliers. Your license confers no title or ownership and is not a sale of any rights
in the Software or its documentation.
By installing, executing and/or using the Software, either as initial version or as an upgrade, update, patch or enhancement of a prior
release, this Software License shall supersede any terms and conditions previously agreed upon (whether or not in writing) between Barco
and you with respect to the subject matter of this Software License and such previous terms shall from the date hereof cease to have any
force or effect; provided, however that this Software License shall not be construed as a renunciation, discharge or waiver of any right or
remedy provided in any terms and conditions previously agreed upon with respect to a failure of either party to perform any of its obligations
under any terms and conditions previously agreed upon.
Software Speci fi cations
The Software contains the following software products: ClickShare (base unit, button and client software).
Software License Terms
1. This Software License is between you and BARCO NV, a corporation organized and existing under the laws of Belgium registered
under number BE 0473.191.041, Commercial Companies’ Register of Kortrijk, having its registered of
fi ce President Kennedypark, 35
at B-8500 Kortrijk, Belgium ("Barco") for the use of the Software.
You hereby undertake to inform all Authorized Users of the terms of this Software License and to bind all Authorized Users to accept all
such terms of this Software License as applies to them. Barco grants you a limited, non-exclusive, non-assignable, non-transferable
license (without the right to grant sublicenses).
2. The Software component parts must not be separated, replicated or reverse engineered in any manner. You and Authorized Users
are entitled to use the Software for the purposes and in the manner set out in this EULA (and documentation), but neither you nor
any Authorized User are entitled to: (i) sell or grant a security interest in the Software to other parties in any way, or to rent, lease or
sub-license the Software to others without the express prior written consent of Barco; or (ii) exploit the Software or any of its component
parts for any commercial purpose, other than use by you and/or Authorized Users of the Software.
3. Barco shall hold you harmless and indemnify you from and against direct damages, losses and expenses arising from infringement
or alleged infringement of any patent, trademark or copyright of such third party by the license and the right to install the Software as
permitted by this Software License and defend and settle at its sole expense any claim, action, suit or proceeding brought against you,
provided that (i) you promptly notify Barco in writing after a claim has been asserted against you or the commencement of any claim,
action, suit or proceeding, and (ii) Barco shall assume sole control of the defense and any settlement negotiations related to any claim,
action, suit or proceeding, and (iii) you shall not negotiate, settle or compromise any claim, action, suit or proceeding without the prior
written consent of Barco and (iv) you, at your cost, shall cooperate with Barco and provide assistance and support, as may reasonably
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 speci
fi cations, drawings, models
or other data furnished by you or, (ii) that is not provided by Barco or, (iii) that is modi fi ed, in spite of the prohibition for you to modify
the software or, (iv) to the extent that you continue allegedly infringing activity after having been provided modi fi cations that avoid the
alleged infringement, or (v) where the use of the Software, or the combination or thereof with other Software, processes or materials or
the distribution thereof rather than the Software itself is the primary cause of an alleged infringement. In case it has been determined
by a
fi nally awarded judgment that Barco infringed 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 infringe upon or misappropriate the rights of the third party or
(ii) obtain for you a license or other right to use the rights allegedly infringed or (iii) replace the Software in question with non-infringing
Software. The remedies set forth in this paragraph shall constitute your sole and exclusive remedy and Barco’s sole and exclusive
liability for a third party claim that the Product infringes or misappropriates any intellectual property right of a third party.
4. Barco (and Barco’s licensors, as appropriate) retain ownership of all intellectual property rights in the Software and any copies you or
any Authorized User may make of such Software. The Software is protected by national copyright laws, international copyright treaties
and conventions, and other applicable laws. All rights not expressly licensed to you in this Software License are reserved to Barco
and Barco’s licensors, as appropriate. The Software contains certain other licensed materials and Barco’s licensors may protect their
rights in the event of any violation of this Software License. Neither you nor any Authorized User may, whether in whole or in part,
copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on the
Software, or remove any proprietary notices or labels on the Software, save as may be permitted by law or this Software License,
without the prior consent, in writing, of Barco.
5. The duration of this Software License will be from the date of your acceptance (as set forth above) of the Software (whereby you ac-
knowledge that use of the Software implies acceptance), with no termination date, unless otherwise speci
fi ed. You may terminate this
Software License 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
License forthwith by informing you at any time if you and/or any Authorized User are in breach of any of the Software License’s terms.