Barco NGS-D200, User Manual

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OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY
NOT APPLY TO YOU.
SUPPORT; EQUIPMENT
This Agreement does not entitle You to any support, upgrades, patches, enhancements, or fixes (collectively, "Support") for the Technology. Any such
Support for the Technology that may be made available by Barco, in its sole discretion, shall become part of the Technology and subject to this
Agreement. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use
the Technology, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for
ensuring that such equipment or ancillary services are compatible with the Technology.
SOFTWARE UPGRADES, ETC.
If the Software enables You to receive Upgrades, You may elect at any time to receive these Upgrades either automatically or manually. If You elect to
receive Upgrades manually or You otherwise elect not to receive or be notified of any Upgrades, You may expose Your Barco Product and/or the
Software to serious security threats and/or some features within Your Barco Product and/or Software may become inaccessible. There may be
circumstances where we apply an Upgrade automatically in order to comply with changes in legislation, legal, security or regulatory requirements or as a
result of requirements to comply with the terms of any agreements Barco has with any third parties regarding Your Barco Product and/or the Software.
You will always be notified of any Upgrades being delivered to You. The terms of this license will apply to any such Upgrade unless the Upgrade in
question is accompanied by a separate license, in which event the terms of that license will apply.
TECHNICAL SUPPORT
This Agreement is neither a service nor a support contract. For information about Barco’s current technical support offerings and policies (including any
fees for support services), please contact us by mail at Barco Inc., 1287 Anvilwood Ave, Sunnyvale, CA 94089.
EXPORT
Software, including technical data, may be subject to U.S. export control laws and regulations and/or export or import regulations in other countries. You
agree to comply strictly with all such laws and regulations.
GOVERNMENT RIGHTS
The Software and Documentation qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101,
consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent
with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary
in any agreement into which this Agreement may be incorporated, Customer may provide to Government end user or, if this Agreement is direct,
Government end user will acquire, the Software and Documentation with only those rights set forth in this Agreement. Use of either the Software or
Documentation or both constitutes agreement by the Government that the Software and Documentation are "commercial computer software" and
"commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein
GENERAL TERMS
If any portion of this Agreement is found to be void or unenforceable, the remaining provisions will remain in full force and effect. Each party recognizes
and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and
that they are reasonable and have been taken into account and reflected in determining the consideration to be given by each party under this
Agreement and in the decision by each party to enter into this Agreement. Barco’s distributors, contractors and agents are intended third party
beneficiaries under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes
any conflicting or additional terms contained in any purchase order or elsewhere. Except as set forth in the above “License” Section or otherwise
expressly provided under this Agreement, no amendment to or modification of this Agreement will be binding unless in writing and signed by Barco and
You.
Barco and the Barco Logo and other trademarks contained in the Software and Documentation are trademarks or registered trademarks of Barco, its
licensors and third parties, as the case may be. You may not remove or alter any trademark, trade names, product names, logo, copyright or other
proprietary notices, legends, symbols or labels in the Software and Documentation. This Agreement does not authorize You to use Barco's or its
licensors' names or respective trademarks.
MISCELLANEOUS
This agreement is the final, complete and exclusive agreement between the parties relating to the SOFTWARE and supersedes all prior or
contemporaneous proposals, representations, understandings, or agreements relating thereto, whether oral or written. No waiver or modification of
this agreement will be valid unless signed by each party. Your right to use the SOFTWARE will immediately terminate upon any breach by you of this
agreement. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. If any provision of this
agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this agreement will remain in full force and effect.
This agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the
application of the law of another jurisdiction. Any action or proceeding arising from or relating to this agreement may be brought only in a federal court in
the Northern District of California or in state court in Santa Clara County, California, and each party irrevocably submits to the jurisdiction and venue of
any such court in any such action or proceeding. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this
agreement. Should you have any question about this agreement, or if you desire to contact Barco, please contact us by mail at Barco Inc., 1287
Anvilwood Ave, Sunnyvale, CA 94089.
K5903085
80
Appendix IX: BARCO, INC. END USER LICENSE AGREEMENT