INFRINGES ANY INTELLECTUAL PROPERTY
OF SUCH THIRD PARTY.
5.
TERM: This Agreement is effective upon
your using the SOFTWARE and remains in
effect until expiration of all copyright in-
terests in the SOFTWARE unless earlier ter-
minated. You may terminate this Agree-
ment by destroying the SOFTWARE, includ-
ing all back-up copies of 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 provided with re-
stricted rights. Use, duplication or disclosure
is subject to restrictions as set forth in ei-
ther subparagraph (c) (1) (ii) of the Rights
in Technical Data and Computer software
clause at DFARs 252.227-7013 or subpara-
graph (c) (1) and (2) of the Commercial Com-
puter Software Restricted Rights Clause at
FAR 52.227-19, as applicable.
7.
SEVERABILITY: In the event that any provi-
sion of this Agreement is declared or found
to be illegal by any court or tribunal of com-
petent jurisdiction, such provision shall be
null and void with respect to the jurisdic-
tion of that court or tribunal and all the
remaining provisions of the Agreement shall
remain in full force and effect.
8.
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 re-
spects in accordance with the laws and regu-
lations of the State of New York, without
reference to choice of law principles. The
terms of this Agreement as it relates to pur-
chase of the SOFTWARE in Canada shall be
governed by and construed in all respects
in accordance with the laws and regulations
of the Province of Ontario.
9.
OWNERSHIP: All rights, including but not
limited to copyrights and trade secret rights,
to the SOFTWARE belong to Canon, its af-
filiated corporations and third party licen-
sors. Your use of the SOFTWARE is subject
to the United States, Canada and other ap-
plicable copyright and trademark laws and
nothing in this Agreement constitutes a
waiver of the rights of Canon, its affiliated
corporations and third party licensors un-
der such laws. Nothing contained in Para-
graph 1 shall be construed to give Canon
any ownership in any images, graphics or
textual material that you may save in con-
nection with the SOFTWARE.
10. ACKNOWLEDGEMENT: BY USING THE SOFT-
WARE, YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT, UNDER-
STOOD IT, AND AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS. YOU ALSO
AGREE THAT THIS AGREEMENT IS THE COM-
PLETE AND EXCLUSIVE STATEMENT OF
AGREEMENT BETWEEN YOU AND CANON
CONCERNING THE SUBJECT MATTER
HEREOF AND SUPERSEDES ALL PROPOSALS
OR PRIOR AGREEMENTS, VERBAL OR WRIT-
TEN, AND ANY OTHER COMMUNICATIONS
BETWEEN THE PARTIES RELATING TO THE
SUBJECT MATTER HEREOF. NO AMEND-
MENT TO THIS AGREEMENT SHALL BE EF-
FECTIVE UNLESS SIGNED BY A DULY AUTHO-
RIZED OFFICER OF CANON.
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