ii
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.
10. OWNERSHIP:
All rights, including but not limited to copyrights and trade secret rights, to the
SOFTWARE belong to Canon, its affiliated corporations and third party licensors. Your use of the
SOFTWARE is subject to the laws of the United States, and Canada, and other applicable copyright and
trademark laws, and nothing in this Agreement constitutes a waiver of the rights of Canon, its affiliated
corporations and third party licensors under such laws. You only own the CD-ROM media in which the
Software is stored. Except as expressly provided herein, no license or right, express or implied, is hereby
conveyed or granted by Canon to you for any intellectual property of Canon. Nothing contained in
Paragraph 1 shall be construed to give Canon any ownership rights in any images, graphics or textual
material that you save in connection with the Software.
You may not modify, remove or delete any or all copyright notices (i) which are contained in the Software,
including any copy thereof, and (ii) which are on the original CD-ROM and on the medium of a back-up
copy made pursuant to Section 2 above.
11. ACKNOWLEDGEMENT: BY USING THE SOFTWARE, 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 THE PARTIES RELATING TO THE SUBJECT MATTER
HEREOF. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A
DULY AUTHORIZED OFFICER OF CANON.
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