source code controlled by a third party (open source) license, via email or download link. If the relevant license
terms require so, you may require Barco (attn. its legal department, at the address stated above) to obtain
such code on tangible medium against payment of the cost of media, shipping and handling.
3.4 ‘Trademarks / Copyright’. Any brand and product names mentioned in relation to the Software may be
trademarks, registered trademarks or copyrights of their respective (third party) holders. In addition, the
Software is protected by national and international laws and treaty provisions. Copyright on the Software
components belongs to the respective initial copyright holder, each additional contributor and/or their
respective assignee(s), as may be identified in the Software Documentation, source code, README file, or
otherwise. You shall not remove or obscure or otherwise alter any trademark, copyright or other proprietary
notices, legends or logo’s placed on or contained within the Software.
3.5 ‘Trade Secrets’. You acknowledge that the Software embodies valuable trade secrets of Barco and its third
party licensors and agree not to disclose, provide or otherwise make available such trade secrets contained
within the Software and Documentation in any form to any third party without the prior written consent of
Barco. You shall implement all reasonable security measures to protect such trade secrets.
4. Support
4.1 ‘Principle’. Barco is under no obligation to provide support and maintenance in respect of the Software,
except as included in a Product Specific EULA and/or to the extent you have entered into a separate
maintenance and support agreement and paid applicable maintenance and support fees. Any unauthorized
use of the Software, as specified in any maintenance and support agreement, may prohibit Barco from
providing such support and maintenance.
4.2 ‘Support policy’. Maintenance releases updates or upgrades can be obtained under the terms of a
separate maintenance and support agreement which is being offered to you. Such agreements, together with
the support included in a Product Specific EULA, include Barco’s sole liability and your sole remedy in respect
of the support and maintenance of the Software. You agree to install any maintenance releases to address
bugs or security issues in the Software if the same are being provided to you. Barco will keep you informed as
of when earlier versions of the Software are no longer serviced.
4.3 ‘Remote connectivity’. Barco may require, as a material condition to provide maintenance or support, that
the Software remains remotely connected with Barco over a network.
5. Warranty
EXCEPT FOR THE LIMITED WARRANTY THAT MAY APPLY AS PER THE PRODUCT SPECIFIC EULA,
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 INTELLECTUAL PROPERTY AND DOES NOT
WARRANT THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR THAT YOU WILL BE ABLE TO
OPERATE THE SOFTWARE WITHOUT INTERRUPTIONS OR THAT SUCH ERRORS WILL BE
CORRECTED BY BARCO. EXCEPT FOR ANY MAINTENANCE AND SUPPORT OBLIGATIONS
SEPARATELY AGREED, YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES
ASSOCIATED WITH RECTIFICATION, REPAIR OR DAMAGE CAUSED BY SUCH ERRORS. IN THE
FORTHCOMING CASE, THE WARRANTY DISCLAIMER FOUND IN APPLICABLE OPEN SOURCE
LICENSES SHALL OVERRIDE THE PROVISIONS OF THIS LICENSE AGREEMENT.
6. Compliance and Enforcement
6.1 ‘Reporting and Audit’. In addition to good practice record-keeping obligations, you agree to report the use
of the Software and relating billing metrics in the DRM or otherwise as agreed. You grant to Barco and its
designated auditors, at Barco’s expenses, the right to verify your deployment and use of the Software during
your normal business hours so as to verify your compliance with the License Agreement. In the event such
audit reveals non-compliance with your payment obligations hereunder, you shall promptly pay to Barco the
appropriate license fees plus the reasonable cost of conducting the audit.
6.2 ‘Fair Use Monitor’. You are informed and acknowledge that the Software includes technology which allows
to remotely decrease (in part or in full) the functionality of the Software (the “Fair Use Monitor”). Such
technology is an enabling tool and a material condition precedent for Barco to enter into this License
Agreement.
6.3 ‘Enforcement’. Upon breach of the License Agreement (including overdue payment), Barco shall inform
the then known user, through the DRM or otherwise in writing, (i) which condition of the License Agreement
(including payment terms) is violated; (ii) allow a period of 8 calendar days to cure such breach, if it can be
cured at all; and (iii) inform which part of the functionality Barco intends to reduce (all Software or certain
additionally licensed features only; in part or in full) if the breach is not remedied on time and in full.
