ii
NEITHER CANON, CANON’S AFFILIATE, THEIR
DISTRIBUTOR NOR DEALER IS LIABLE FOR ANY LOSS
OR DAMAGE INCLUDING CONSEQUENTIAL OR
INCIDENTAL LOSS OR DAMAGE SUCH AS LOSS OF
PROFITS, EXPENSE OR INCONVENIENCE,
WHATSOEVER CAUSED BY OR ARISING OUT OF THE
SOFTWARE, ACCOMPANYING DOCUMENTATION OR
THE USE THEREOF.
CANON, CANON’S AFFILIATE, THEIR DISTRIBUTOR OR
DEALER SHALL HAVE NO OBLIGATION TO INDEMNIFY
YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A
THIRD PARTY ALLEGING THAT THE SOFTWARE,
ACCOMPANYING DOCUMENTATION OR THE USE
THEREOF INFRINGES ANY INTELLECTUAL PROPERTY
OF SUCH THIRD PARTY.
THE ABOVE IS CANON’S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY IN CONNECTION WITH THE
SOFTWARE AND ACCOMPANYING DOCUMENTATION.
5. TERM:
This Agreement is effective upon opening the sealed
disk package and remains in effect until terminated. You may
terminate this Agreement by destroying the SOFTWARE and
any copy thereof. This Agreement will also terminate if you fail
to comply with any of the terms of this Agreement. In addition to
Canon enforcing its respective legal rights, you must then
promptly destroy the SOFTWARE and any copy thereof.
6. U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE:
The SOFTWARE is provided with RESTRICTED RIGHTS.
Use, duplication or disclosure is subject to restrictions as set
forth in either subparagraph (c) (1) (ii) of the Rights in Technical
Data and Computer Software clause at DFARs 252.227-7013 or
subparagraph (c) (1) and (2) of the Commercial Computer
Software Restricted Rights Clause at FAR 52.227-19, as
applicable.
7. SEVERABILITY:
In the event that 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.
8. ACKNOWLEDGEMENT:
BY OPENING THE SEALED
DISK PACKAGE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT, UNDERSTOOD IT, AND
AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU ALSO AGREE THAT THIS
AGREEMENT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF AGREEMENT BETWEEN YOU AND
CANON CONCERNING THE SUBJECT MATTER HEREOF
AND SUPERSEDES ALL PROPOSALS OR PRIOR
AGREEMENTS, VERBAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN YOU AND
CANON RELATING TO THE SUBJECT MATTER HEREOF.
NO AMENDMENT TO THIS AGREEMENT SHALL BE
EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED
REPRESENTATIVE OF CANON.
Should you have any questions concerning this Agreement, or if
you desire to contact Canon for any reason, please write to
Canon’s local affiliate.
