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Limited Warranty
BARCO NV does not warrant that the Software will meet your requirements or that the operation of
the Software will be uninterrupted or error-free. However, BARCO NV
warrants that the Software will perform substantially in accordance with the accompanying Product
Materials for a period of 90 days from the date of receipt of the Software, and the Software will be
free from defects in materials and workmanship under normal use and service for a period of 90
days from the date of receipt.
No Other Warranties
Except as expressly set forth herein, BARCO NV disclaims all other warranties, either express or
implied, including but not limited to implied warranties of merchantability and fitness for a
particular purpose, or warranty of non-infringement with respect to the Software and Product
Materials. The entire risk as to the quality and performance of the Software is with you. This limited
warranty gives you specific legal rights, and you may also have other rights which vary from state to
state.
Remedies
BARCO NV’s entire liability and your exclusive remedy shall be, at BARCO NV’s option, either
return of the price paid, or repair or replacement of the Software that does not meet BARCO NV’s
Limited Warranty and which is returned to BARCO NV with a copy of your receipt. This Limited
Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any
replacement product will be warranted for the remainder of the original warranty period, or 30 days,
whichever is longer.
Limitation on Liability
In no event shall BARCO NV or its suppliers be liable for any damages whatsoever including,
without limitation, damages for loss of business profits, business interruption, loss of business
information, or other pecuniary loss or incidental or consequential damages, arising out of the use or
inability to use the Software, even if BARCO NV has been advised of the possibility of such
damages; or for any claim by any other party under any legal or equitable theory. In any case,
BARCO NV’s entire liability under any provision of this Agreement shall be limited to the amount
actually paid by you for the product.
Export
You acknowledge that the laws and regulations of the United States restrict the export and reexport
of the Software. You agree that you will not export or reexport the Software in any form without
first obtaining written approval from BARCO NV and the appropriate U.S. and foreign government
approvals.
General
This Agreement is governed by the laws of Belgium. Failure or delay in enforcing any right or
provision of this Agreement shall not be deemed a waiver of such provision or right with respect to
any subsequent breach or a continuance of an existing breach. If any provision of this Agreement
shall be held to be unenforceable, that provision will be enforced to the maximum extent possible,
and the remaining provisions of this Agreement will remain in full force and effect. Should you