Barco K5960008-03 Frozen Dessert Maker User Manual

Barco - DCMS - User Manual __________________________________________________________ 9
Important notice
both parties. Except as otherwise expressly provided for in this Software
License, no forbearance, delay or indulgence by either party in enforcing the
provisions of this Software License shall prejudice or restrict the rights of that
party, nor shall any waiver of such parties rights operate as a waiver of any
subsequent breach, and no right, power or remedy herein conferred upon or
reserved for either party, is exclusive of any other right, power or remedy
available to that party and each such right, power or remedy shall be
cumulative. If any provision of this Software License is determined by the parties
to be illegal, void or unenforceable, or if any court of competent jurisdiction in
any final decision so determines, this Software License shall continue in full force
save that such provision shall be deemed to be deleted with effect from the date
of such decision, or such earlier date as the parties may agree.
12 The construction, validity and performance of this Software License shall be
governed in all respects by the laws of Belgium without recourse to its conflict of
law principles. All disputes arising in any way out of or affecting this Software
License shall be subject to the exclusive jurisdiction of the courts of Kortrijk, to
which the parties agree to submit, without prejudice to enforcement of any
judgment or order thereof in any other jurisdiction.
13 The United Nations Convention on Contracts for the International Sale of
Goods (the "Convention") shall not apply to this Software License, however, if
the Convention is deemed by a court of competent jurisdiction to apply to this
Software License, Barco shall not be liable for any claimed non-conformance of
the Software under Article 35(2) of the Convention.