3. Barco shall hold y ou harmless and indemnify y ou from and against direct damage s, losses and expenses arising from infringement
or alleged infringement of any patent, trademark or copyright of such third p a rty by the licen se and the right to install the S oftware as
permitted by this Software License and defend and settle at its sole expense any claim, action, suit or proceeding brought against you,
provided that (i) you promptly notify B arco in writing after a claim has been asserted against you or the commencem ent of any claim,
action, suit or proceeding, and (ii) Barco shall assume sole control of the defense and any settlement negotiations related to any claim,
action, suit or pr oceeding, and (iii) you shall not negotiate, settle or comprom ise any claim, ac tion, suit or proceeding without the prior
written consent of Barco and (iv) you, at your cost, shall cooperate with Barco and provide assistance and support, as m ay reasonably
required by Barco, in connection with the defense and any settlement negotiations related to any claim, action, suit or proceeding.
Barco shall have no indem nity obligation for any Software, or any portion thereof, ( i) that is based on s pecifica tions, drawings, models
or other data furnished by you or, (ii) that is not provided by B a rco or, (iii) that is modified, in spite of the prohibition for you to m odify
the software or, (iv) to the extent that you continue allegedly infringing activity after having bee n provided modific ations that avoid t he
alleged infringement, or (v) wher e the use of the Software, or the c ombination or thereof with other Software, processes or materials or
the distribution thereof rather than the Software itself is the primary cause of an alleged infringement. In case it has bee n determined
by a finally awarded judgment that Barco infringed or misappropriated such third party r ights or earlier, at Barco’s discretion, it may, at
its option and cost, ( i) modify the Software in such a way that it shall not infringe upon or misa ppropriate the rights of the third party or
(ii) obtain for you a license or other right to use the rights allegedly infringed or (iii) replace t he Software in question with non-infringing
Software. The remedies set forth in this paragraph shall constitute your sole and exclusive remedy and B arco’s sole and exclusive
liability for a third party claim t hat the Product infringes or m isappropriates any intellectual property right of a third par ty.
4. Barco (and Barco’s licensors, as appropriate) retain ownership of all intellectual property rights in the Software and any copies you or
any Authorized User may make of such Software. The Software is protected by national copyright laws, international copyright treaties
and conven tions, and other applicable laws . All rights not expressly licensed to y ou in this Software L icense are reserved to Barco
and Barco’s licensors, as appropriate. The Software c ontains certain other licensed materials and B arco’s licensors may protect their
rights in the event of any violation of this S oftware License. Neither you nor any Authorized User ma y, whether in whole or in pa rt,
copy, translate, reverse engineer, derive source code from, modify, dis assem ble, dec ompile, c reate derivative works based on the
Software, or remove any p roprietary n otices or labels on the Software, save as may be permitted by law or this Software License,
without the prior consent, in writing, of B arco.
This software uses:
- the Op enSS L library, (c) 1998 -2008 The Op enSS L Project. The full license can be found in O penS SLW in32Lic ense.txt;
- the Crypto++ library, (c) 1 995-2009 by Wei Dai. The full license can be found in cryptopplicense.txt
- the O gg Vo rbis libraries, (c) 2002-2008 the Xiph.org F oundation. The full license can be found in oggvorbislicense.txt;
- the O penCV library, (C) 2000-2006, Intel Corporation. The full license c an be found in OpenCV License.txt
This software is based in part on the work of the Q wt project (http://qwt.sf.net).
5. The duration of this Software License will be from the date of your acceptance (as set forth above) of the Software, with no termination
date, un less otherwise specified. You m ay terminate
this Software License at any time by destroying all copies of the Software then
in your possession and returning all associated m aterials and d ocum entation, to Barc o or the appointed Barco reseller that so ld or
provided th ese to you. Barco may terminate this Software License forthwith by informing yo u at any time if you and/or any Authorized
User are in b reach of any of the Software License
’s terms.
6. YOU UNDERSTAND THAT THE SOFTWARE IS BEING PROVIDED TO YO U "AS IS". BARCO DOES NOT MAKE NOR INTENDS
TO MAKE ANY WARRANTIES OR REPRESE NTAT IONS, EXPRESS O R IMPLIED AND SPECIFICALLY DISCLAIMS ALL IMP LIED
WARRANTIES OF M ERCHANTAB ILITY FITNESS, FO R A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLEC -
TUAL PROP ERTY AND DOES NOT WARRANT THAT THE SOFTWARE 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 DA MAGE C AUSED BY SUCH ERRORS.
YOU ALSO ACKNOWLEDGE AND AGREE THAT:
BARCO ACCEPTS NO LIABILITY FO R ANY D AMAGES , LOSSES O R CLAIMS Y OU OR ANY THIRD PARTY M AY SUFFER AS A
RESULT OF YOUR USE OF THE SOFTWARE, AND YOU HEREBY AGRE E TO INDEMNIFY, KEEP INDEMNIFIED, DEFEND AND
HOLD HARMLESS BARC O AND BARCO’S A FFILIATES A ND SUBSIDIARIES FROM AND AGAINST ANY A ND ALL ACTIONS,
PROCEEDINGS, LIABILITY, LOSS, DAMAGES, FEES AND COSTS (INCLUDING ATTORNEYS’ FEES), AND OTHER E XPENS ES
INCURRED OR S UFFERED BY BA RCO ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OF THE TERMS OF
THIS SOFTWARE LICENSE. TO THE MAXIMUM EXTENT P ERMITTED BY LAW, IN NO EVENT W ILL BARCO BE LIABLE FOR ANY
INDIRECT, S PECIAL, P UNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND WHICH MAY ARISE
OUT OF OR IN CONNECTION WITH T HE SOFTWARE, THIS S OFTWARE LICENSE OR THE PERFORMANCE O R PURPORTED
PERFORMANCE OF O R FAILURE IN THE PERFORMANCE OF BARCO’S OBLIGATIONS UND ER THIS SOFTWARE LICENSE
OR FOR ANY ECONOMIC LOSS, LOSS OF BUSINESS, CO NTRACTS, DATA, GOODWILL, PRO FITS, TURNOVER, REVENUE,
REPUTATION OR ANY LOSS ARISING FROM WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OF THE SOFT-
WARE AND ANY AND ALL OTHE R COM ME RCIAL DAM AGES OR L OSSES WHICH MAY ARISE IN RE SPECT OF USE OF THE
SOFTWARE, E VEN IF BARCO HAS BEEN ADVISED O F THE PO SSIBILITY OF THEIR OCCU RRENCE; AND
7. You shall treat as confidential all information obtained from the other pursuant to this Software License which is m ark ed ’confidential’
or the equivalent or has the necessary quality of confid ence about it and shall not divulge such information to any persons without
Barco’s prior written cons ent provided that this Paragraph 7 shall not extend to information which was rightfully in the posse ssion of
you prior to the commencement of the negotiations leading to this Software License, which is already public knowledge or becomes
so at a future date (otherwise than as a result of a breach of this paragraph 7), is require d t o be disclosed by law or which is trivial or
obvious. You are aware of and ensure to comply with the provisions of this paragraph 7. The foregoing obligations as to confidentiality
shall survive any termination of this Software License.