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READ CAREFULLY BEFORE USING!
CANON SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ THIS AGREEMENT BEFORE USING THE SOFTWARE ON THE CD-ROM
IN THIS BOX. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF
THIS AGREEMENT.
This is a license agreement (the [Agreement]) between you and Canon Inc. ([Canon]).
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
USE THE SOFTWARE PROGRAM ON THE CD-ROM AND THE USER MANUAL IN THIS BOX
(COLLECTIVELY, THE [SOFTWARE]) AND RETURN THE SOFTWARE WITHIN 30 DAYS FROM
THE DATE OF PURCHASE TO YOUR POINT OF PURCHASE FOR A REFUND.
In consideration of the right to use the SOFTWARE, you agree to abide by the terms and conditions
of this Agreement.
1. LICENSE: Canon grants you the non-exclusive right to use the SOFTWARE only on a single
computer. You may physically transfer the SOFTWARE from one computer to another provided
that the SOFTWARE is used on only one computer at a time. You shall not install or use the
SOFTWARE on a network, multiple CPU, multiple site arrangement, or any other hardware
configuration where the SOFTWARE is accessible to more than one CPU or to more than one
user.
YOU SHALL NOT ASSIGN, SUBLICENSE, RENT, LEASE, LOAN, CONVEY OR OTHERWISE USE,
TRANSFER, COPY, TRANSLATE, CONVERT TO ANOTHER PROGRAMMING LANGUAGE,
ALTER, MODIFY, DECOMPILE OR DISASSEMBLE THE SOFTWARE, IN WHOLE OR IN PART,
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
2. BACK-UP COPY: You may make one copy of the SOFTWARE solely for back-up purposes, or
copy the SOFTWARE onto the permanent storage device (e.g. a hard disk) of your computer
and retain the original for back-up purposes. Any other copying of the SOFTWARE is a violation
of this Agreement. You must reproduce and include the copyright notice on the back-up copy.
3. SUPPORT AND UPDATES: Canon is not responsible for providing maintenance or support for
use of the SOFTWARE. No updates, fixes or support will be made available for the
SOFTWARE.
4. LIMITED WARRANTY AND LIMITATION OF LIABILITY: It is your responsibility to choose,
maintain and match the hardware and software components of your computer system. Thus
Canon does not guarantee uninterrupted service or correction of errors or that the functions or
performance of the SOFTWARE will meet your requirements. THE SOFTWARE IS LICENSED
ON AN [AS IS] BASIS AND WITHOUT WARRANTY OF ANY KIND. The CD-ROM storing the
SOFTWARE is warranted only against defective material under normal use for a period of ninety
(90) days after purchase from an authorized Canon dealer as evidenced by your sales receipt.
Your sole remedy for a defective CD-ROM shall be replacement of the same without charge
when returned by you at your expense to your point of purchase and proven to be defective
upon inspection. The replacement CD-ROM will be warranted for the remainder of the original
ninety (90) day warranty period of the defective CD-ROM. The limited warranty does not apply if
the failure of the CD-ROM resulted from accident, abuse or misapplication of the SOFTWARE
and shall not extend to anyone other than the original user of the SOFTWARE.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH 4, CANON, CANON’S
SUBSIDIARIES, DISTRIBUTORS AND DEALERS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY 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.
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 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 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.
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 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.
9. 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 United States, 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.
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.
10.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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