Barco K5960008-03 Frozen Dessert Maker User Manual


 
8 ___________________________________________________________Barco - DCMS - User Manual
Important notice
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:
(i) 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, AND YOU HEREBY AGREE TO INDEMNIFY, KEEP INDEMNIFIED,
DEFEND AND HOLD HARMLESS BARCO AND BARCO'S AFFILIATES 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. 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 CONNECTION 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 ECONOMIC 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; AND
(ii) YOU ACKNOWLEDGE THAT NO WARRANTY IS GIVEN BY BARCO ON THE
OPEN SOURCE SOFTWARE INCLUDED IN THE SOFTWARE; AND
(iii) BARCO'S SOLE LIABILITY AND YOUR SOLE REMEDY UNDER THIS
SOFTWARE LICENSE SHALL BE THE REPLACEMENT OF THE SOFTWARE IF ANY
CD-ROM CARRYING THE SOFTWARE OR THE MATERIAL IS PROVEN TO BE
DEFECTIVE BY BARCO'S PERSONAL INSPECTION, IN EACH CASE WITHIN THE
PERIOD SET OUT IN CLAUSE 7, FOLLOWING INSTALLATION.
10 Each party shall treat as confidential all information obtained from the other
pursuant to this Software License which is marked 'confidential' or the
equivalent or has the necessary quality of confidence about it and shall not
divulge such information to any persons (except to such party's own employees
or agents and then only to those employees or agents who need to know the
same and are obligated in writing to confidentiality at least to the same extent
as provided herein) without the other party's prior written consent provided that
this Paragraph 6 shall not extend to information which was rightfully in the
possession of such party 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 10), is
required to be disclosed by law or which is trivial or obvious. Each party shall
ensure that its employees are aware of and comply with the provisions of this
paragraph 10. The foregoing obligations as to confidentiality shall survive any
termination of this Software License.
11 This Software License (and documentation which is hereby integrated
herewith) is the only understanding and agreement between you and Barco for
use of the Software by you and/or Authorized Users. The Software License
supersedes all other communications, understandings or agreements we had
prior to this Software License (with the exception of any continuing
confidentiality agreement) although nothing in this Software License purports to
exclude liability for fraudulent misrepresentation. You may not export or re-
export the Software or any copy or adaptation in violation of any applicable laws
or regulations. Neither this Software License shall be altered, amended or varied
save by an instrument in writing executed by duly authorized representatives of