ii
However, if you are provided with the Software as stored in a medium, Canon warrants the medium to
be free from defects in materials and workmanship under normal use for a period of ninety (90) days
from the date of you obtained the same as evidenced by a receipt or otherwise.
CUSTOMER REMEDIES. Canon, Canon's subsidiaries and affiliates, their distributors and dealers' entire
liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED
WARRANTY. The LIMITED WARRANTY does not apply if failure of the medium has resulted from
accident, abuse or misapplication of the Software and shall not extend to anyone other than you.
NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL CANON, CANON'S SUBSIDIARIES AND
AFFILIATES, THEIR DISTRIBUTORS AND DEALERS BE LIABLE FOR ANY LOSS OR DAMAGES
WHATSOEVER (WHETHER KNOWN, FORESEEABLE OR OTHERWISE), INCLUDING WITHOUT
LIMITATION, ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA, LOSS OF CONFIDENTIAL OR OTHER BUSINESS INFORMATION, OR
OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN
ANY WAY RELATED TO THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE
EVEN IF CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE
ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF INDEMNITY. CANON, ITS LICENSOR, CANON'S SUBSIDIARIES AND AFFILIATES, THEIR
DISTRIBUTORS AND DEALERS SHALL ASSUME NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY
CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR USE THEREOF
INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.
7. TERM
This Agreement is effective upon your acceptance hereof by installing the Software and remains in
effect until terminated. You may terminate this Agreement by destroying the Software including any
and all copies thereof. This Agreement shall also terminate if you fail to comply with any terms of this
Agreement. In the event that this Agreement terminates for your failure to comply with this
Agreement, in addition to Canon enforcing its respective legal rights, you must promptly destroy the
Software including any and all copies thereof. Notwithstanding the foregoing, Sections 3, 5 through 7
and 9 through 11 shall survive any termination hereof.
8. 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 227.7202-4 (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.
9. 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.
10.GOVERNING LAW
The terms and conditions of this Agreement, the performance hereunder and the interpretation hereof
shall in all respects be governed and construed in accordance with the laws of Japan.
11.ACKNOWLEDGMENT
BY INSTALLING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD
IT, AND AGREED 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.
