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Barco - DCMS - User Manual __________________________________________________________ 7
Important notice
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.
7 Barco warrants that (a) the Software will perform substantially in accordance
with the accompanying written materials for a period of three (3) months from
the date of your receipt of the Software (the "Warranty Period"), and (b) the
Materials which may accompany the Software will be free from defects in
materials and workmanship under normal use and service for a period of twelve
(12) months from the date of your receipt of the Software and Materials.
You acknowledge that the Software is a complex computer software application,
and that the performance thereof may vary depending hardware platform,
software interactions and configuration. You acknowledge that the Software is
not designed and produced specifically to meet your specific requirements and
expectations and the selection of the Software by you is entirely your own choice
and decision.
8 Except for the open source software incorporated in or delivered with the
Software, Barco shall hold you harmless and indemnify you from and against
direct damages, losses and expenses arising from infringement 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 defend and settle at its sole expense any claim, action, suit or
proceeding brought against you, provided 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, and (ii) Barco shall 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 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 specifications, drawings, models or other data
furnished by you or, (ii) that is not provided by Barco or, (iii) that is modified, 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
modifications that avoid the alleged infringement, or (v) where the use of the
Software, or the combination or thereof with other products, 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
finally 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 Product infringes or misappropriates any
intellectual property right of a third party.
9 YOU UNDERSTAND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS"
WITH ONLY A LIMITED WARRANTY AS SET OUT IN CLAUSES 7 AND 8 HEREOF.
BARCO DOES NOT MAKE NOR INTENDS TO MAKE ANY OTHER 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