6.4 ‘Remedy’. If the breach is not cured within the applicable remedy period (or cannot be cured at all), Barco
shall have the option (i) to cause you to procure such additional licenses required as per the actual usage; (ii)
to reduce the Software’s functionality, including through the use of the Fair Use Monitor; or (iii) to terminate the
License Agreement as set out herein, without prejudice to any other remedies available at law, under contract
or in equity.
6.5 ‘Indemnification’. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BARCO
AND BARCO’S AFFILIATES FROM AND AGAINST ANY AND ALL ACTIONS, PROCEEDINGS, LIABILITY,
LOSS, DAMAGES, FEES AND COSTS (INCLUDING ATTORNEY 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.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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. IN JURISIDCTIONS WHERE BARCO’S LIABILITY CANNOT BE EXCLUDED,
BARCO’S LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO THE LICENSE FEES ACTUALLY
PAID FOR THE SOFTWARE DURING THE TWELVE MONTHS PRECEEDING THE CLAIM (OR AN
AMOUNT OF 250 EURO IF NO FEE WOULD BE PAID) IN THE AGREGATE.
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.
8. Confidentiality
8.1 ‘Confidential Information’. You will be receiving information which is proprietary and confidential to Barco
during the procurement and Term of this License Agreement. “Confidential Information” shall include (i) the
underlying logic, source code and concepts of the Software or other trade secrets (the access to which is
strictly limited as expressly set out herein), (ii) any information designated as confidential by Barco or which
has the necessary quality of confidence about it and (iii) any license key provided by Barco to you hereunder.
8.2 ‘Non-Disclosure’. You agree not to divulge any Confidential Information to any persons without Barco's
prior written consent provided that this article 8 shall not extend to information which was rightfully in your
possession prior to the commencement of this License Agreement, which is already public knowledge or
becomes so at a future date (otherwise than as a result of a breach of this article 8), to the extent it is required
to be disclosed by law or which is trivial or obvious. You agree not to use any Confidential Information except
for the authorized purpose hereunder. The foregoing obligations as to confidentiality shall survive the Term of
this License Agreement.
9. Term and Termination
9.1 ‘Term’. The duration of this License Agreement will be from the date of your acceptance (as set forth
above) of the Software (whereby you acknowledge that use of the Software implies acceptance), until you de-
activate the Software, discontinue the use of the device on which the Software was first installed for its
intended use or the expiration of the limited time period set out in the Product Specific EULA, whichever
comes first.
9.2 ‘Termination’. You may terminate this License Agreement at any time by destroying all copies of the
Software then in your possession and destroying all Documentation and associated materials, or returning the
same to Barco or the appointed Barco reseller that sold or provided these to you. Barco may terminate this
License Agreement, immediately or gradually in accordance with article 6 hereof, by informing you at any time
if any user is in breach of any of the License Agreement's terms.
9.3 ‘Consequences of Termination’. All rights associated with the use of the Software and the acquisition of
updates and upgrades cease once the License Agreement is terminated or expires. Termination or expiry of
your license will not entitle you to any retroactive refund of current or past payments.
10. Other relevant terms
10.1 ‘Personal Data’. Whether or not Barco assumes the role of processor of personal data (as stated in the
Product Specific EULA), you remain solely responsible for complying with all applicable data protection laws
