Please read this document carefully before downloading, installing, executing and/or using the software provided to you by Barco as it contains the terms and conditions by which Barco licenses the software. By installing, executing, copying and/or using the software, or using the hardware in which the software is embedded, you agree to become bound by the terms of this agreement.
This End-User License Agreement ('EULA') is a legal agreement between you (as an individual), your organization (for which you act as a representative) and Barco NV ('Barco') for the CineCare Web 'Product'.
Barco hereby grants you a non-exclusive license to install, use, access, display, as well as run one copy of the Product on a single computer (such as a workstation, terminal or other device).
You acknowledge and agree that the Product and any necessary software used in connection with the Product contain proprietary and/or confidential information that is protected by applicable intellectual property and other laws and treaties. All rights not expressly licensed to you in this EULA are reserved to Barco and Barco's licensors, as appropriate.
The duration of this EULA will be from the date of your acceptance (as set forth above) of the product (whereby you acknowledge that use of the Product implies acceptance), with no termination date, unless otherwise specified. You may terminate this EULA at any time (as applicable) by destroying all copies of the Product then in your possession, returning all associated materials and documentation to Barco or the appointed Barco reseller that sold or provided these to you, and stop using the Product. Barco may terminate this EULA forthwith by informing you at any time if you and/or any authorized user are in breach of any of the EULA terms.
You acknowledge and agree that the Product is gathering technical information about the functionality of the products which are connected through the Product ('Functional Information') and that Barco may make use of such Functional Information (with the exclusion of any personal data) for any reason Barco sees fit, including but not limited to providing services to your organization.
You hereby explicitly give consent that Barco may gather, access, preserve, and/or disclose your personal data connected with your account containing Functional Information (and any content associated with that account):
If required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Product, including your content, may involve:
You hereby explicitly give consent that Barco may export your personal data to any country worldwide, especially to any country where Barco and/or its affiliates have infrastructure, or where a third party is making available infrastructure to Barco and/or its affiliates, to process personal data.
Neither you nor any authorized user may, whether in whole or in part, copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on the Product, or remove any proprietary notices or labels on the Product, save as may be permitted by law or this EULA, without the prior consent, in writing, of Barco.
Product identified as 'Not for Resale' or 'NFR' may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.
To the maximum extend permitted by law, you understand that the product is being provided to you 'as is', without any service or support. Barco does not make nor intends to make any warranties or representations, express, implied or statutory and specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, accuracy, lack of viruses and non-infringement of intellectual property and does not warrant that the product will be free from errors or that 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.
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 product, and you hereby agree to indemnify, keep indemnified, defend and hold harmless Barco and Barco's affiliates 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 EULA. 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 product, this EULA or the performance or purported performance of or failure in the performance of Barco's obligations under this EULA 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 product and any and all other commercial damages or losses which may arise in respect of use of the product, even if Barco has been advised of the possibility of their occurrence.
The construction, validity and performance of this EULA 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 EULA shall be subject to the exclusive jurisdiction of the courts of Kortrijk, without prejudice to enforcement of any judgment or order thereof in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (the "Convention") shall not apply to this EULA, however, if the Convention is deemed by a court of competent jurisdiction to apply to this EULA, Barco shall not be liable for any claimed non-conformance of the Product under Article 35(2) of the Convention.