3
E
EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH 4, CANON, CANON’S
SUBSIDIARIES, DISTRIBUTORS AND DEALERS DISCLAIM ALL WARRANTIES, OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SOFTWARE.
NEITHER CANON NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERS IS
LIABLE FOR ANY DAMAGES HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION,
DIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE INCLUDING LOSS OF
PROFITS, EXPENSE OR INCONVENIENCE HOWSOEVER CAUSED OR ARISING OUT OF
THE SOFTWARE OR THE USE THEREOF.
NEITHER CANON, NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERS
SHALL HAVE ANY OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT
BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR THE USE THEREOF
INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.
SOME STATES, PROVINCES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH
RESULTING FROM NEGLIGENCE ON THE PART OF THE SELLER, SO THE ABOVE
DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
5. TERM:
This Agreement is effective upon your using the SOFTWARE and remains in effect until
expiration of all copyright interests in the SOFTWARE unless earlier terminated. You may
terminate this Agreement by destroying the SOFTWARE. This Agreement will also terminate
without notice to you if you fail to comply with any of the terms of this Agreement and you
must then promptly return the SOFTWARE. In addition, Canon may enforce its other legal
rights.
6. U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE:
The SOFTWARE is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (Oct 1995),
consisting of “commercial computer software” and “commercial computer software
documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.72024 (June 1995), all U.S. Government
End Users shall acquire the SOFTWARE with only those rights set forth herein. Manufacturer is
Canon Inc./30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan.
7. EXPORT RESTRICTIONS:
You agree to comply with all export laws and restrictions and
regulations of the country involved, and not to export or re-export, directly or indirectly, the
SOFTWARE in violation of any such laws and restrictions and regulations, or without all
necessary approvals.
8. SEVERABILITY:
In the event that any provision of this Agreement is declared or found to be illegal by any court
or tribunal of competent jurisdiction, such provision shall be null and void with respect to the
jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall
remain in full force and effect.
9. CONTROLLING LAW:
The terms of this Agreement as it relates to purchases of the Software
in the United States of America shall be governed and construed in all respects in accordance
with the laws and regulations of the State of New York, without reference to choice of law
principles. The terms of this Agreement as it relates to purchases of the Software in Canada
shall be governed by the laws of the province of Ontario.
