Terms & Conditions - Ship

Free trial of ClickShare

These terms and conditions (the "Agreement") between Barco and you (the "User") set forth the terms and conditions for using the ClickShare CX-20 or CX-30 (the "Demonstration Unit") for the sole purpose of evaluation for a maximum of two (2) weeks from delivery by Barco's service partner, Grupo Covix SA de CV (the "Demonstration Period") before deciding to purchase a ClickShare CX-20 or CX-30. The User hereby agrees that the loaned Demonstration Units will be subject to the following terms and conditions:

1. The Try & Buy program is only available to professional users of companies in the Mexican territory (the User) who meet the following requirements:

• Current tax certificate showing compliance with tax obligations
• Proof of company address (bank account statement)
• Company phone number
• INE of the person responsible for the team
• Contact information for the person responsible for the team: Email, phone, LinkedIn profile
• Signature of responsibility from the team of the responsible person and immediate supervisor

2. During the Demonstration Period, the Demonstration Unit shall be operated solely by the User and used only for the intended evaluation purpose and in strict accordance with the operating instructions for the Demonstration Unit. The User shall use the Demonstration Unit and/or any part thereof in the normal course of its operations. The User shall not lend or make available the Demonstration Unit or any part thereof to any third party. The User shall not remove or relocate the Demonstration Unit or any part thereof from its premises without prior written notification to Barco.

3. During the Demonstration Period, the Demo Unit shall remain the exclusive property of Barco at all times. The User shall ensure that Barco can easily identify the Demo Unit in its possession as Barco's property at all times on the User's premises. Should a third party claim any right to, seize, threaten to seize, or attempt to seize the Demo Unit or any part thereof, the User shall inform Barco without delay and follow Barco's instructions.

4. During the Demonstration Period and until the User returns the Demonstration Unit, the Demonstration Unit will be under the User's care, custody, and control. The User must, at their own expense, maintain the Demonstration Unit in good condition and working order and use no less than a reasonable degree of care to safeguard, maintain, and operate the Demonstration Unit. The User will be responsible for any damage to or loss of the Demonstration Unit while it is under their custody and control until its return. The User must immediately contact Barco's service partner's customer service department. In the event of damage, the User agrees to pay the cost of repair/refurbishment according to Barco's terms (unless otherwise agreed in writing). If necessary, any repairs, changes, or upgrades to the Demonstration Unit must be carried out exclusively by an authorized Barco service technician.

5. Barco's service partner, Grupo Covix SA de CV, will deliver the Demonstration Unit to the agreed-upon location at its own expense and risk. Any additional operating costs or expenses (e.g., transportation, installation, etc.) may be invoiced as agreed. Notwithstanding the foregoing, Barco will pay the User for the cost of transporting the Demonstration Unit, and the User will cover the costs of the return label.

6. This Agreement will terminate and the User's right to possession of the Demonstration Unit will cease immediately: (i) at the end of the Demonstration Period; or, (ii) if the User breaches any of the terms of this Agreement; or, (iii) if any proceedings are commenced under any bankruptcy or insolvency law by or against the User; or, (iv) the User makes any assignment of ownership of the User for the benefit of its creditors.

7. At the end of the Demonstration Period, the User will have the opportunity to purchase a set of ClickShare C-10, CX-30, CX-50, CX-50 Gen 2 devices or bundle by issuing a sales order to an authorized Barco channel according to the terms and conditions agreed and in force at that time.

8. Upon expiration or termination of the Demonstration Period, the User must return the Demonstration Unit to Barco's Service Partner, Grupo Covix SA de CV, in good condition. The User will be granted a grace period of one (1) week to return the Demonstration Unit. In the event of collection, it will only be made from the ground floor of the User's premises. If the Demonstration Unit or any part thereof is not returned within this grace period, Barco will invoice the User at the list price of the Demonstration Unit or any part thereof without the need for a separate purchase order or other formality.

9. Any Demonstration Unit that is damaged, non-functional, or missing will be invoiced by Barco to the User at the list price in accordance with this Agreement, as applicable, in addition to the aforementioned indemnification, and without the need for a separate purchase order or other formality. The remedies under this clause are in addition to, and do not exclude, any other remedies available under this Agreement, at law, or in equity.

10. The User shall be responsible, at its own care and expense, for covering during the Demonstration Period (i) any bodily injury to the User's employees, officers, directors or any other third party caused by or resulting from the Demonstration Unit, or in connection with it; (ii) any loss or damage to any and all property of the User's employees, officers and directors or any other third party caused by or resulting from or in connection with the Demonstration Unit; and (iii) any loss or damage to the Demonstration Unit or any part thereof.

11. The User shall be liable, indemnify, and hold harmless Barco, its employees, officers, and directors from and against any and all claims, actions, demands, or proceedings, liabilities, damages, losses, costs, and expenses brought or incurred against Barco, its employees, officers, and directors as a result of bodily injury (including, but not limited to, disability, death, and illness) or any property damage caused by or resulting from the Equipment or in connection with it. To the maximum extent permitted by law, Barco's exclusive liability and the User's exclusive remedy for any and all claims relating to the Demonstration Unit shall be limited to the value of the Demonstration Unit. No limitation of liability applies in connection with death or personal injury caused by Barco's negligence, willful misconduct, gross negligence, intentional acts, or other cases where liability cannot be excluded or limited under applicable law.

12. The User agrees not to disclose any confidential information received from Barco, whether oral, written, or in any other tangible form, to any employee who does not have a specific need to use such information or to any external party (including contractors) without Barco's prior written consent. The confidentiality obligations will not apply to information that is in the public domain at the time of its disclosure or that becomes public domain through no fault or breach of the User. Without limitation, confidential information will include all business, financial, marketing, commercial, and/or technical information, know-how, trade secrets, inventions, processes, software programs (in source code or compiled form), hardware and software product information, and research programs disclosed under this Agreement.

13. Any patent, trademark, copyright, and/or any other intellectual property right and/or any proprietary or confidential information related to the Demonstration Unit, whether existing prior to the date of this Agreement or developed after the date hereof, shall remain the property of Barco or its licensor, as the case may be, and nothing contained herein shall be construed as conferring upon the User, its successors or assigns, by implication or otherwise, any right, title, or interest, or any license under any intellectual property right, confidential information, or other trade secret.

14. Barco may, without restriction, store, process, use, and reuse any data obtained in connection with the sale. At Barco's request, the User shall immediately inform Barco in writing of the steps the User takes to comply with its obligations under applicable data protection laws. Barco shall take appropriate technical and organizational measures to protect the personal data received from the User against loss and unlawful processing. The User warrants to Barco that (i) the data is lawfully obtained from the data subjects; (ii) the User has provided the data subjects with all necessary and relevant information regarding the processing of their data as required by applicable data protection laws; (iii) the data is lawfully provided to Barco; and (iv) the data processing does not infringe any third-party rights. The User agrees to remain the point of contact for the data subjects and will inform them accordingly. The User warrants that the personal data provided to Barco will be up-to-date and relevant to the sale. The User undertakes to inform Barco of any request from a data subject to rectify or erase their data or to restrict the processing of their data. The user shall indemnify and hold harmless Barco against all claims, proceedings or actions brought by a competent public authority or an individual against Barco arising from any breach by the user or any of its processors of the rights of third parties or their obligations under applicable data protection laws.

15. This Agreement is the complete and exclusive statement of the agreement between the parties and supersedes any and all prior oral or written communications between the parties relating to the subject matter hereof.

16. Each party shall be and act as an independent contractor and not as an agent, partner, or joint venturer with the other party for any purpose, and neither party shall have the right, power, or authority to act or create any obligation, express or implied, on behalf of the other party. Under this Agreement, neither party purports to be a sales agent.

17. Any delay or failure by either party to enforce its rights under this Agreement shall not operate as a waiver.

18. This Agreement shall inure to the benefit of the parties, their respective representatives, heirs, successors, and assigns. The User may not assign this Agreement without Barco's prior written consent.

19. In no event shall Barco be prevented from conducting any other business similar to or outside the scope of this Agreement. It is specifically understood that all other business within Barco's main practice shall continue without the restrictions created by this Agreement.

20. This Agreement shall be governed in all respects by the laws of Belgium, without regard to its conflict of laws principles. All disputes arising out of or in connection with this Agreement shall be submitted exclusively to the courts of Kortrijk, Belgium, without prejudice to the enforcement of any judgment or order thereof in any other jurisdiction.

I accept the terms and conditions of the Try and Buy program: