Bedienungsanleitung Barco ClickShare CS-100 series (Seite 9 von 50) (Englisch)

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and for implementing and maintaining privacy protection and security measures (especially for components

that you provide or control). Barco disclaims any liability for any data not provided by Barco, or any use of the

Software outside the intended use as per this License Agreement or an applicable data processing annex.

10.2 ‘Functional Information’. Via the Software, Barco may gather technical information about (i) the

functioning and the functionality of the products which are connected through the Software, and/or (ii) as

provided by you or generated by your use of the Software (“Functional Information”). Barco may make use of

such Functional Information for purposes of analytics, for developing and improving products and services,

offering products and services to your organization and/or allowing third parties to access such Functional

Information; based on the legitimate interest of Barco of evaluating the market, assessing and improving its

products and conducting research and development. All knowhow, inventions and works derived by Barco

from the Functional Information will be exclusively owned by Barco.

11. Final Clauses

11.1 ‘Entire Agreement’. This License Agreement is the only understanding and agreement between you and

Barco for use of the Software. This License Agreement supersedes all other communications, understandings

or agreements we had prior to this License Agreement (with the exception of any continuing confidentiality

agreement).

11.2 ‘Notices’. Notices can be validly delivered through the DRM and alternatively or additionally to the parties’

last known address.

11.3 ‘Severability’. This License Agreement shall not be altered, amended or varied, except by written

agreement signed by its parties. If any provision of this License Agreement is determined to be illegal, void or

unenforceable, or if any court of competent jurisdiction in any final decision so determines, this License

Agreement 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, and shall be replaced by a provision which is acceptable by law

and which embodies the intention of this License Agreement a close as possible.

11.4 ‘Export’. You acknowledge that this Software may be subject to U.S. or other governments’ Export control

laws and regulations. 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.

11.5 ‘Survival’. The provisions of articles 3, 5, 6, 7, 8, 10 and 11 will survive the termination of this License

Agreement, howsoever caused, but this will not imply or create any continued right to use the Software after

termination of this License Agreement.

11.6 ‘Assignment’. You are not allowed to assign this Agreement in part or in full to any third party without

Barco’s consent. Barco shall be entitled to assign all or any of Barco's obligations hereunder to a third party

and/or any of Barco's Affiliates.

11.7 ‘Law and Jurisdiction’. The construction, validity and performance of this License Agreement 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 License Agreement shall be subject to the exclusive jurisdiction of the

courts of Kortrijk (Belgium), 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 License Agreement, however, if the Convention is deemed by a court of

competent jurisdiction to apply to this License Agreement, Barco shall not be liable for any claimed non-

conformance of the Software under Article 35(2) of the Convention.

YOU HEREBY ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY

ALL THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT AS INDICATED ABOVE

Barco ClickShare Product Specific Privacy policy

You are controller for personal data which are being processed via the Software. Therefore, you remain solely

responsible for complying with all applicable data protection laws and for implementing and maintaining

privacy protection and security measures (especially for components that you provide or control). Barco

disclaims any liability in this regard. Barco created a specific privacy policy for the ClickShare software

application for mobile devices, which describes the processing of personal data via this application (

http://www.barco.com/en/about-barco/legal/privacy-policy/clickshare-app).

Via the Software, Barco may gather technical information about (i) the functioning and the functionality of the

products which are connected through the Software, and/or (ii) as provided by you or generated by your use of

the Software (“Functional Information”). Barco may make use of such Functional Information for purposes of

analytics, for developing and improving products and services, offering products and services to your

organization and/or allowing third parties to access such Functional Information; based on the legitimate

Barco ClickShare CS-100 series Seite 9

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