3.3
Source Code Access
. To the extent required under third party (open source) license terms, and for a period of 36 months following
your acceptance of this License Agreement, Barco shall provide access to the source code controlled by a third party (open source) license,
via email or download link. If the relevant license terms require so, you may require Barco (attn. its legal department, at the address stated
above) to obtain such code on tangible medium against payment of the cost of media, shipping and handling.
3.4
Trademarks / Copyright
. Any brand and product names mentioned in relation to the Software may be trademarks, registered
trademarks or copyrights of their respective (third party) holders. In addition, the Software is protected by national and international laws
and treaty provisions. Copyright on the Software components belongs to the respective initial copyright holder, each additional contributor
and/or their respective assignee(s), as may be identi
fi
ed in the Software Documentation, source code, README
fi
le, or otherwise. You shall
not remove or obscure or otherwise alter any trademark, copyright or other proprietary notices, legends or logo’s placed on or contained
within the Software.
3.5
Trade Secrets
. You acknowledge that the Software embodies valuable trade secrets of Barco and its third party licensors and agree
not to disclose, provide or otherwise make available such trade secrets contained within the Software and Documentation in any form to
any third party without the prior written consent of Barco. You shall implement all reasonable security measures to protect such trade
secrets.
4. Support
4.1
Principle
. Barco is under no obligation to provide support and maintenance in respect of the Software, except as included in a
Product Speci
fi
c EULA and/or to the extent you have entered into a separate maintenance and support agreement and paid applicable
maintenance and support fees. Any unauthorized use of the Software, as speci
fi
ed in any maintenance and support agreement, may
prohibit Barco from providing such support and maintenance.
4.2
Support policy
. Maintenance releases updates or upgrades can be obtained under the terms of a separate maintenance and
support agreement which is being offered to you. Such agreements, together with the support included in a Product Speci
fi
c EULA, include
Barco’s sole liability and your sole remedy in respect of the support and maintenance of the Software. You agree to install any maintenance
releases to address bugs or security issues in the Software if the same are being provided to you. Barco will keep you informed as of when
earlier versions of the Software are no longer serviced.
4.3
Remote connectivity
. Barco may require, as a material condition to provide maintenance or support, that the Software remains
remotely connected with Barco over a network.
5. Warranty
EXCEPT FOR THE LIMITED WARRANTY THAT MAY APPLY AS PER THE PRODUCT SPECIFIC EULA, YOU UNDERSTAND THAT
THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS". BARCO DOES NOT MAKE NOR INTENDS TO MAKE ANY WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND DOES NOT WARRANT
THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR THAT YOU WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT
INTERRUPTIONS OR THAT SUCH ERRORS WILL BE CORRECTED BY BARCO. EXCEPT FOR ANY MAINTENANCE AND SUPPORT
OBLIGATIONS SEPARATELY AGREED, YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED WITH
RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS. IN THE FORTHCOMING CASE, THE WARRANTY DISCLAIMER
FOUND IN APPLICABLE OPEN SOURCE LICENSES SHALL OVERRIDE THE PROVISIONS OF THIS LICENSE AGREEMENT.
6. Compliance and Enforcement
6.1
Reporting and Audit
. In addition to good practice record-keeping obligations, you agree to report the use of the Software and
relating billing metrics in the DRM or otherwise as agreed. You grant to Barco and its designated auditors, at Barco’s expenses, the right
to verify your deployment and use of the Software during your normal business hours so as to verify your compliance with the License
Agreement. In the event such audit reveals non-compliance with your payment obligations hereunder, you shall promptly pay to Barco the
appropriate license fees plus the reasonable cost of conducting the audit.
6.2
Fair Use Monitor
. You are informed and acknowledge that the Software includes technology which allows to remotely decrease
(in part or in full) the functionality of the Software (the “Fair Use Monitor”). Such technology is an enabling tool and a material condition
precedent for Barco to enter into this License Agreement.
6.3
Enforcement
. Upon breach of the License Agreement (including overdue payment), Barco shall inform the then known user, through
the DRM or otherwise in writing, (i) which condition of the License Agreement (including payment terms) is violated; (ii) allow a period of
8 calendar days to cure such breach, if it can be cured at all; and (iii) inform which part of the functionality Barco intends to reduce (all
Software or certain additionally licensed features only; in part or in full) if the breach is not remedied on time and in full.
6.4
Remedy
. If the breach is not cured within the applicable remedy period (or cannot be cured at all), Barco shall have the option (i) to
cause you to procure such additional licenses required as per the actual usage; (ii) to reduce the Software’s functionality, including through
the use of the Fair Use Monitor; or (iii) to terminate the License Agreement as set out herein, without prejudice to any other remedies
available at law, under contract or in equity.
6.5
Indemnification
. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BARCO AND BARCO’S AFFILI-
ATES FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, LIABILITY, LOSS, DAMAGES, FEES AND COSTS (INCLUDING
ATTORNEY FEES), AND OTHER EXPENSES INCURRED OR SUFFERED BY BARCO ARISING OUT OF OR IN CONNECTION WITH
ANY BREACH BY YOU OF THE TERMS OF THIS SOFTWARE LICENSE.
7. Limitation of Liability
