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8. You agree with and fully accept the following limited service and support statements.
Barco may limit or terminate any Support Services being provided if you use any Support Services in an abusive or fraudulent manner,
as determined by Barco in its reasonable discretion. Resale, assignment and transfer of ownership are strictly prohibited and will be
grounds for termination of the License Agreement, unless otherwise agreed in writing. A single support incident will be restricted
to support on an issue that focuses on one aspect of the product – e.g. use of a specific documented feature of the product or
assistance with a specific problem or error message. While this issue may involve other aspects of the product, addressing other
aspects constitutes a separate issue and requires an additional support incident. A single support incident may involve multiple phone
calls, emails and off-line research. Barco will determine what characterizes a single support incident and communicating this to you.
Unless a contractual agreement states differently, Barco will make reasonable efforts to resolve the issue but Barco cannot guarantee
that every issue will be resolved.
Barco shall not be obliged to provide any Support Services relating to problems or issues arising out of or from (i) the use of the
Software in a manner for which they were not designed; (ii) damage to the media on which the Software are provided or to the
computer on which the Software are installed; (iii) negligence, misuse, or modification of the Software; (iv) versions of Software other
than the most recent version (e.g., 5.x) and one version back (e.g., 4.x), provided that Barco shall also not be required to provide
any Support Services for Software that are no longer listed on the Barco Site as supported Software; (v) third-party Software and
technologies not associated with network installation assistance or (vii) conflicts related to replacing or installing hardware, drivers,
and software.
You will remain responsible for the maintenance of your hardware, operating system, the functioning of your network and in keeping
your systems virus-free. 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.
The Software has to be installed on a computer delivered by Barco or by yourself. The XDS Racu software is only compatible with
Microsoft Windows XP and Microsoft Windows XP Embedded. The XDS Display Wall Software is only compatible with Microsoft
Windows XP, Vista or Windows 7.
For the avoidance of doubt, nothing in this clause shall impose any obligation on Barco to provide Services not covered by the License
Agreement.
9. This Software License is the only understanding and agreement between you and Barco for use of the Software by you and/or Autho-
rized 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. This Software License shall not be altered, amended or varied. If any provision of this Software Li-
cense is determined 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.
10. You acknowledge that this Software may be subject to U.S. or other governments Export Jurisdiction. You agree to comply with all
applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as
end-user, end-use, and destination restrictions issued by the U.S. or other governments.
11. Barco shall be entitled to sub-contract all or any of Barco’s obligations hereunder to a third party and/or any of Barco’s affiliated
companies.
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, 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.
Trademarks
Brand and product names mentioned in this manual may be trademarks, registered trademarks or copyrights of their respective holders.
All brand and product names mentioned in this manual serve as comments or examples and are not to be understood as advertising for
the products or their manufacturers.
Guaran tee and Compensation
Barco provides a guarantee relating to perfect manufacturing as part of the legally stipulated terms of guarantee. On receipt, the purchaser
must immediately inspect all delivered goods for damage incurred during transport, as well as for material and manufacturing faults Barco
must be informed im
mediately in writing of any complaints.
The period of guarantee begins on the date of transfer of risks, in the case of special systems and software on the date of commissioning,
at latest 30 days after the transfer of risks. In the event of justified notice of complaint, Barco can repair the fault or provide a replacement
at its own discretion within an appropriate period. If this measure proves to be impossible or unsuccessful, the purchaser can demand a
reduction in the purchase price or cancellation of the contract. All other claims, in particular those relating to compensation for direct or
indirect damage, and also damage attributed to theoperation ofsoftware as wellas to other services provided byBarco, being a component