Barco ClickShare CSE-200+, Руководство пользователя

Страница: 7 / 56

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 ‘Copyright’ . 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 identified in the Software Documentation, source code, README
file, or otherwise. You shall not remove or obscure or otherwise alter the respective copyrights.
3.5 Trademarks. Brand and product names mentioned in relation to the Software may be trademarks,
registered trademarks or copyrights of their respective (third party) holders. All such brand and product names
mentioned in relation to the Software serve as comments or examples and are not to be understood as
advertising for the products or their manufacturers.
3.6 ‘Trade Secrets’ . You agree not to disclose, provide or otherwise make available 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 reasonable security measures to protect such trade secrets.
4. Support
4.1 ‘Principle’ . Barco is under no obligation to provide support in respect of the Software, except as included in
a Product Specific EULA and/or the extent you have entered into a separate maintenance agreement. Any
unauthorized use of the Software may prohibit Barco from providing such support.
4.2 ‘Support policy’ . Barco may provide to you maintenance releases to address bugs or security issues in the
Software and you agree to install the same. Any other updates or upgrades can be obtained under the terms
of a separate software maintenance which is being offered to you. You may have a right to downgrade your
licensed Software application to (only) such earlier version of the same Software application as agreed by
Barco in the forthcoming case.
Additional functionality may be licensed to you with and subject to additional or different terms.
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 Software deployments and to examine your
books, records and accounts during your normal business hours so as to verify your compliance with the
License Agreement. In the event such audit discloses 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 ‘Enforcement’ . Barco shall notify the then known user through the DRM (failing of which, otherwise in
writing) of a substantial non-compliance, based on the triggers as per the Product Specific EULA. The non-
compliance may result in an immediate or graduate denial of service (i. e. termination of the rights granted
under the License Agreement), in part or in full, all based on the level of severity of the non-compliance [as per
the Product Specific EULA].
6.3 ‘Indemnification’ . YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BARCO
AND BARCO’S AFFILIATES 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.