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Warranty and License Agreement
24
Term
This license is effective until terminated. You may terminate it at any time by destroy-
ing the Software and Product Materials in accordance with this Agreement together
with all copies in any form. It will also terminate upon conditions set forth elsewhere in
this license, or if you fail to comply with any term or condition of this license. You
agree upon such termination to destroy the Software and Product Materials in accor-
dance with this Agreement together with all copies in any form.
Limited Warranty
BARCO NV does not warrant that the Software will meet your requirements or that
the operation of the Software will be uninterrupted or error-free. However, BARCO NV
warrants that the Software will perform substantially in accordance with the accompa-
nying Product Materials for a period of 90 days from the date of receipt of the Soft-
ware, and the Software will be free from defects in materials and workmanship under
normal use and service for a period of 90 days from the date of receipt.
No Other Warranties
Except as expressly set forth herein, BARCO NV disclaims all other warranties, either
express or implied, including but not limited to implied warranties of merchantability
and fitness for a particular purpose, or warranty of non-infringement with respect to
the Software and Product Materials. The entire risk as to the quality and performance
of the Software is with you. This limited warranty gives you specific legal rights, and
you may also have other rights which vary from state to state.
Remedies
BARCO NV’s entire liability and your exclusive remedy shall be, at BARCO NV’s
option, either return of the price paid, or repair or replacement of the Software that
does not meet BARCO NV’s Limited Warranty and which is returned to BARCO NV
with a copy of your receipt. This Limited Warranty is void if failure of the Software has
resulted from accident, abuse, or misapplication. Any replacement product will be
warranted for the remainder of the original warranty period, or 30 days, whichever is
longer.
Limitation on Liability
In no event shall BARCO NV or its suppliers be liable for any damages whatsoever
including, without limitation, damages for loss of business profits, business interrup-
tion, loss of business information, or other pecuniary loss or incidental or consequen-
tial damages, arising out of the use or inability to use the Software, even if BARCO
NV has been advised of the possibility of such damages; or for any claim by any other
party under any legal or equitable theory. In any case, BARCO NV’s entire liability
under any provision of this Agreement shall be limited to the amount actually paid by
you for the product.
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