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Confidential
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Overture Software Support
This document describes Barco Software Support Service for Overture.
This document is for description purposes only. This document is not a contract between you and Barco.
The contract, if any, governing the provision of the support services will be the one between you and
your Barco Authorized Reseller. Your Barco Authorized Reseller should provide this document to you, or
you can obtain a copy of this at the Barco Overture Webpage Portal
(https://www.barco.com/api/sitecore/tdefiles/documentation?filenumber=TDE8427). Feel
free to visit the same periodically (or to subscribe to the automatic alert function) to be aware of the
then current terms.
Barco shall provide the services described below as selected and detailed on the purchase order for
which Barco has been paid the appropriate fee.
1. Definitions
“Barco Authorized Reseller” shall mean a reseller of the Licensed Software that has been authorized
by Barco to, and has met and maintained Barco’s requirements for, selling and supporting the Licensed
Software.
“Client” shall mean the party operating the Overture Software.
“Client Contact” shall mean the authorized individuals as specified by the Client with whom Barco
communicates when providing support services. The Client Contact maybe an employee or a consultant
providing services to the Client. The Client Contact must be knowledgeable about the Licensed Software
and the operating environment. The Client may change the name of the Client Contact by written notice
to Barco.
“Documentation” shall mean those visually readable materials developed by or for Barco for use in
connection with the Licensed Software as customarily provided and/or made available by Barco to
Client.
“First Line Support” shall mean a first level support, to provision of the Services under this document,
to gather the information and to determine the issue by analyzing the symptoms and figuring out the
underlying problem.
“Fourth Line Support” shall mean the fourth level support, involving specialist engineering of the
software to address issues that could not be solved through First, Second and Third Line Support.
“License Agreement” shall mean the Barco end-user license agreement for the Licensed Software as
accepted by Client.
“Licensed Software” shall mean the Overture software for which the Client has accepted the License
Agreement.
“Maintenance Release” is a scheduled Update to a release version of the Licensed Software.
“Major Upgrade” shall mean a significant change in the software functionality and/or architecture
deemed by Barco to be so. Installation and use of Major Upgrades may require modification of existing
projects and templates; such modifications are not included under this document. The release notes will
explain the upgrade path; the services to implement Major Upgrade modifications including making
required modifications to existing software, templates and integration and testing, are not covered by
this document. Barco defines the Major Upgrades for a specified software version as follows e.g., major
upgrade number increase from x.y.z to x+1.y.z).
“Minimum System Requirements” shall mean the computer configuration as defined in the available
Documentation and/or as otherwise advised by Barco in writing. Upgrades may, at Barco’s sole
discretion, impose additional or revised Minimum System Requirements as Barco deems necessary for
compatibility with new Upgrades.
“Minor Upgrade” shall mean all functional and/or feature enhancements that are incorporated and
released at the discretion of Barco from time to time, to improve and/or otherwise enhance the
product(s) functionality. Barco defines the Minor Upgrades for a specified software version as being
those releases with the same software version number in the first position and a minor upgrade number
increase as follows from x.y.z to x.y+1.z)
“On-site Support” shall mean support at Client’s premise at Client’s expense to resolve a reported
issue that could not be resolved through First, Second or Third Line Support at the fees and rates set
out under “On-site Support fees and rates” section C hereto.
“Second Line Support” shall mean second level support on more complex issues that could not be
addressed in a First Line Support, which will be addressed by the Barco support group.
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“Third Line Support” shall mean the third level support, involving a dedicated team of product
specialists to address advance technical issues that could not be solved through First or Second Line
Support.
“Update” shall mean all patches and bug fixes designed to correct any functional problem or deficiency
in the software product(s). These are released from time to time at the discretion of Barco. Barco
defines the updates for a specified software version as being those releases with the same software
version number in the first two positions, and any number increase in the third position (e.g., update
number increase from x.y.z to x.y.z+1).
2. Sale through Barco Authorized Reseller
The Barco Authorized Reseller is expected to deliver the First Line Support, and shall employ
professionals who are trained and certified to do so. Barco shall only provide Second Line, Third Line
Support or Fourth Line Support.
3. Scope
3.1 Barco hereby agrees to provide to the Client and the Client hereby purchases from Barco the
Software Support, Updates, Minor Upgrades, Major Upgrades and maintenance services described
under the “Scope of Coverage” section A hereto (the “Services”) with respect to the Licensed
Software in accordance with the “Procedures” set out under section B hereto (the “Procedures”).
3.2 The following tasks and services are NOT covered under the Services:
i) The integration and installation of the Licensed Software;
ii) User training;
iii) Maintenance and/or support of software not delivered by Barco;
iv) Maintenance and/or support of Software or a version of any of the foregoing that has been
retired by Barco;
v) Travel and living costs to the Client’s site,
vi) The installation and integration of any Update or Upgrade made available by Barco;
vii) The interaction with software or firmware and hardware not provided by Barco and any
custom software provided by Barco;
viii) Any software or hardware problems resulting from any third party software or hardware
failure;
ix) Repairs required by the fact that maintenance has been done by a third party, not authorized
by Barco.
x) Repairs required by:
Client's failure to implement all Updates, Upgrades, Maintenance Release, or modifications
to the Licenses Software;
changes to the operating system or environment which adversely affect the Licensed
Software;
alterations, additions or modifications to the Licensed Software not authorized by Barco;
interconnection or integration of the Licensed Software with other software products not
supported by Barco; or
use of the Licensed Software on equipment other than the equipment for which such
Licensed Software was designed for.
xi) Any extraordinary expenses; Barco reserves the right to charge for unusual or excess
telephone, shipping, handling, media or user manual expenses in connection with the
performance of this document; All extraordinary expenses will be communicated to the Client
in advance.
3.3 The ordered Services shall be non-cancellable and non-refundable.
3.4 If an issue cannot be resolved remotely, Barco will provide On-site Support, after written notice
(via service ticket) and problem report, by a Barco expert or a Barco certified service provider.
3.5 The ordered Services shall be auto renewable at the same service level, with consecutive one-year
periods unless notice of non-renewal is issued at least sixty (60) calendar days prior to the
expiration of the current term.
4. Conditions
4.1 The performance of the Services is conditional upon the existence or occurrence of the following
facts or events:
i) A valid License Agreement by the Client.
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ii) The retention by the Client of the software and hardware environment that the deliverables
were tested and delivered on. This includes all software and hardware that the Licensed
Software runs under, as well as all other systems to which the Licensed Software interfaces.
iii) The adherence by the Client to the Procedures set out under B hereto.
iv) The installation and operation by the Client of the Licensed Software on a computer system
that meets or exceeds the Minimum System Requirements.
v) The designation by the Client of a Client Contact and communication of this person’s name
and contact information to Barco. The Client agrees that the Client Contact person shall have
the authority to accept fixes as final.
4.2 The Client is solely liable for any compatibility problems between the Licensed Software and any
other application or other software programs not covered under a maintenance and support
contract between the Client and Barco. The Client, at its expense, will (i) promptly install and
implement all Maintenance Releases or Updates provided by Barco to the Client; (ii) provide Barco
access to the Licensed Software for purposes of performing the Services under this document and
(iii) provide Barco with such assistance, information, technical documentation, services and
facilities as may be requested by Barco to perform the Services under this document.
5. Client responsibilities
Client shall further satisfy the following requirements:
i) Fulfil its obligations under the License Agreement, and this document;
ii) not (i) directly or indirectly, modify the features or functionality of, copy or create derivative
works or otherwise reverse engineer or attempt to reverse engineer or derive source code,
techniques, algorithms or processes from the Licensed Software or permit or encourage any
third-party to do so, (ii) attempt to resolve software related issues itself and (iii) have the
Licensed Software maintained or repaired by any party other than Barco or a Barco Authorized
Reseller or certified service provider.
6. Limited Warranty
6.1 Barco shall undertake the Services and use such workmanship and materials in accordance with
this Document by employing commercially reasonable efforts.
6.2 CLIENT EXPRESSLY AGREES THAT ALL SOFTWARE UPDATES AND SOFTWARE MAINTENANCE
FIXES AND/OR PATCHES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES WHATSOEVER.
7. Limitation of Liability
7.1 BARCO’s LIABLITY UNDER THIS DOCUMENT SHALL IN ALL CIRCUMSTANCES AND IN THE
AGGREGATE NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT IN RESPECT OF THE ITEM TO
WHICH THE CLAIM IS MADE DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING SUCH
CLAIM.
7.2 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 DOCUMENT
OR THE PERFORMANCE OR PURPORTED PERFORMANCE OF OR FAILURE IN THE PERFORMANCE OF
BARCO’S OBLIGATIONS UNDER THIS DOCUMENT 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 THE SOFTWARE, IT’S USE, EVEN IF BARCO HAS BEEN ADVISED OF THE POSSIBILITY
OF THEIR OCCURRENCE.
7.3 EACH PARTY HEREBY WAIVES ANY CLAIM AGAINST THE OTHER FOR LOSS OR DAMAGE OF ANY
KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES OR OTHER COMPENSATION FOR UNJUST
ENRICHMENT, LOSS OF PROSPECTIVE PROFITS, REIMBURSEMENTS FOR EXPENDITURES OR
INVESTMENTS MADE, OR COMMITMENTS ENTERED INTO OR GOODWILL), DUE TO FAILURE OF
THE PARTIES TO RENEW THIS DOCUMENT OR, UPON EXPIRATION, TO MAKE A SIMILAR
DOCUMENT.
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A - SCOPE OF COVERAGE
1. Support is provided for the following types of issues:
- questions on specifications, configuration, usage, and compatibility of Licensed Software;
- issues inherent to the Licensed Software;
- compatibility issues between Licensed Software and other officially supported third-party
software or hardware products;
- writing of drivers; and
- remote assistance for troubleshooting.
2. Barco will provide the above support for the last updates on the two (2) last minor upgrade branches
of a major upgrade release version of the Licensed Software.
3. If a new major upgrade version of the Licensed Software is released by Barco, then Barco may send
an End-Of-Life notification for the previous major upgrade version of the Licensed Software. This End-
Of-Life notification will specify the end of the support period for the previous major upgrade release
version.
4. During the first three months following the first installation of the Licensed Software by the Client,
Barco will provide access to the necessary experts, documentation and resources to facilitate the
deployment and optimal functioning of the Licensed Software. Further deployments or expansion of
Client’s usage of the Licensed Software (e.g., by adding new rooms, user accounts, devices, locations,
etc.) taking place after the expiration of the three months term following the first deployment and
installation will not give rise to a new three months support term, or an extension of the ongoing three
months support term.
5. For compatibility issues Barco will assist the Client in troubleshooting the issue but may be unable to
assist in resolving the issue when the source of the issue is within the third-party product.
If the Client plans to upgrade or modify third-party software or hardware components that interact with
the Licensed Software, they are required to confirm in advance with Barco that the upgrade they are
planning is supported and compatible with their the Licensed Software. (For example, such components
may include but are not limited to web browsers, software virtualization packages or Docker engine)
If required for compatibility with newer third-party releases, modifications to custom pages and tools
could require custom development from the Licensed Software and are not covered by Barco.
6. Barco will assist the Client with usage questions on their supported Licensed Software. However,
customer support is not an adequate replacement for product training. If, in the judgment of Barco,
responses to the Client’s product usage questions are crossing the line into detailed product training (for
example, going through a detailed step-by-step feature introduction over the phone), Barco may at their
discretion refer the Client to Barco Sales or Barco’s Authorized Reseller to arrange a training session—
which is not included in the Client’s Barco program.
7. Barco will provide support on the Licensed Software, typically in English or if available in the local
language and this during business hours (business hours are Monday to Friday from 8am to 8pm
Eastern time and 8am to 5pm Central European Time, excluding local public holidays). For those
questions less critical and less time-sensitive, we suggest to contact the helpdesk via email or e-portal
(http://www.barco.com/en/Support).
8. The online version of the User Guide is available at www.barco.com. Web-based access to online
versions of Documentation is available at the Barco Support Portal. Access to the Barco Support Portal
requires a valid user name and password issued by the Licensed Software Support. Client can obtain a
user name and password by registering on the Barco website.
9. Updates and Minor Upgrades are released from time to time throughout the year and are made
available on myBarco
10. Support entitles Client to online access to the Licensed Software FAQs, Tutorials and Guides through
the Support Portal.
B – PROCEDURES
1. The Client Contact must report any problem to Barco.
2. The Client Contact must submit sufficient material and information as requested by the Barco staff to
understand the issue and begin work on a resolution. Specifically, the Client must provide Barco with all
of the following:
- information on the nature, causes, and impact of the issue, in as much detail as possible;
- log files, configuration files, screen images, and other information required for issue
troubleshooting and analysis;
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- remote login or VPN access to their systems, where required (and where permitted by Client
security policies), or, as an alternative, to work directly on their systems while in contact with
Barco;
- support and coordination for on-site visits by Barco or reseller support staff, where deemed
necessary by Barco; and
- timely responses to questions and requests.
3. The availability of software fixes, if applicable, will be communicated to the Client Contact
immediately once Barco establishes if whether or not any Maintenance Release or Update will be issued.
4. When the software update and/or configuration changes are supplied and installed successfully, the
Client Contact must confirm to Barco that the problem has been resolved. Barco will submit a final email
to the Client Contact serving as notice that the matter is considered closed.
C – ON-SITE SUPPORT FEES AND RATES
1. Intervention conditions
Charged by the hour
Labor rate: according to the current Barco price list
Travel and lodging: at cost with 15% administration fee
2. Overview Tariff Field service interventions*
Hourly rates for :
Support & interventions (10915)
Training (10916)
Project Engineering (10921)
Technical Site Survey(10914)
Per Hour
€110.00
Per Day
8 hours
€880.00
Per Hour on Saturday
€165.00
150%
Per Hour outside Business hours
on Business days
From 18h00 to 22h00 &
6h00 to 8h00
€165.00
150%
Per Hour on Sunday, Official
Holiday & Nights
Nights From 22h00 to
6h00
€220.00
200%
Travel Costs
By car (hour + kilometer fee)
€70.00
Travel hour fee
€0.50
Kilometer fee
Note: Travel is always calculated with the Barco local office as starting point
Other costs
Hotel cost per night
€150.00
* Above service rates are net, excluding VAT and duties and not subject to discount and are subject to change.
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