Barco ClickShare, Руководство по обслуживанию

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4. Barco shall hold you harmless, defend and indemnify you from and against direct damages, losses and expenses arising from in-
fringement 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 settle at its sole expense any amounts awarded in a
fi nal judgment or settlement
resulting therefrom, under the condition 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 (whichever is the earlier), and (ii) Barco shall be allowed to 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 be 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 Software infringes or misappropriates any intellectual property right of a third party.
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.
6. 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 INTELLEC-
TUAL PROPERTY AND DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR THAT SUCH ERRORS
WILL BE CORRECTED BY BARCO AND YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES ASSOCIATED
WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS.
YOU ALSO ACKNOWLEDGE AND AGREE THAT:
BARCO ACCEPTS NO LIABILITY FOR ANY DAMAGES, LOSSES OR CLAIMS YOU OR ANY THIRD PARTY MAY SUFFER AS
A RESULT OF YOUR USE OF THE SOFTWARE. IN JURISIDCTIONS WHERE BARCO’S LIABILITY CANNOT BE EXCLUDED,
BARCO’S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO AN AMOUNT OF 250 EURO IN THE AGREGATE (OR TO
THE MAXIMUM EXTENT PERMITTED BY LAW WHERE NO FURTHER EXCLUSION IS LEGALLY ALLOWED).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BARCO BE LIABLE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND WHICH MAY ARISE OUT OF OR IN CON-
NECTION WITH THE SOFTWARE, THIS SOFTWARE LICENSE OR THE PERFORMANCE OR PURPORTED PERFORMANCE
OF OR FAILURE IN THE PERFORMANCE OF BARCO’S OBLIGATIONS UNDER THIS SOFTWARE LICENSE OR FOR ANY ECO-
NOMIC LOSS, LOSS OF BUSINESS, CONTRACTS, DATA, GOODWILL, PROFITS, TURNOVER, REVENUE, REPUTATION OR
ANY LOSS ARISING FROM WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OF THE SOFTWARE AND ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES WHICH MAY ARISE IN RESPECT OF USE OF THE SOFTWARE, EVEN IF
BARCO HAS BEEN ADVISED OF THE POSSIBILITY OF THEIR OCCURRENCE.
YOU HEREBY AGREE TO INDEMNIFY, KEEP INDEMNIFIED, DEFEND AND HOLD HARMLESS BARCO AND BARCO’S AFFILI-
ATES AND SUBSIDIARIES FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, LIABILITY, LOSS, DAMAGES, FEES
AND COSTS (INCLUDING ATTORNEYS" 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. You shall treat as con fi dential all information obtained from the other pursuant to this Software License which is marked "con fi dential"
or the equivalent or has the necessary quality of con fi dence about it and shall not divulge such information to any persons without
Barco’s prior written consent provided that this Paragraph 7 shall not extend to information which was rightfully in the possession of
you prior to the commencement of the negotiations leading to this Software License, which is already public knowledge or becomes
so at a future date (otherwise than as a result of a breach of this paragraph 7), is required to be disclosed by law or which is trivial or
obvious. You are aware of and ensure to comply with the provisions of this paragraph 7. The foregoing obligations as to con
fi dentiality
shall survive any termination of this Software License.
8. You will remain responsible for the maintenance of your hardware, operating system, the functioning of your network and in keeping
your systems virus-free. You acknowledge that the Software is a complex computer software application, and that the performance
thereof may vary depending hardware platform, software interactions and con
fi guration. You acknowledge that the Software is not
designed and produced speci fi cally to meet your speci fi c requirements and expectations and the selection of the Software by you is
entirely your own choice and decision. For the avoidance of doubt, nothing in this Software License shall impose any obligation on
Barco to provide support services (on the Software or any other hardware or software product).