READ CAREFULLY BEFORE OPENING
THE SEALED DISK PACKAGE
CANON SOFTWARE LICENSE
AGREEMENT
IMPORTANT-READ THIS AGREEMENT BEFORE
OPENING THE SEALED DISK PACKAGE! BY
OPENING THE SEALED DISK PACKAGE, YOU ARE
DEEMED TO AGREE TO BE BOUND BY THIS
AGREEMENT.
This legal document is a license agreement between you
and CANON ELECTRONICS INC. (“Canon”). BY OPENING
THE SEALED DISK PACKAGE, YOU ARE DEEMED TO
AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, DO NOT OPEN THE SEALED DISK
PACKAGE AND PROMPTLY RETURN THE CANON
SCANNER, THE DISK PACKAGE CONTAINING SCANNER
DRIVER SOFTWARE PROGRAMS AND/OR SCANNER
UTILITY SOFTWARE PROGRAM PROPRIETARY TO
CANON OR ITS LICENSOR (THE “SOFTWARE”) AND THE
ACCOMPANYING DOCUMENTATION AND OTHER ITEMS
TO THE PLACE WHERE YOU OBTAINED THEM FOR A
REFUND BEFORE THEY ARE USED OR OPENED OR
UNPACKED.
In consideration of the right to use the SOFTWARE, you
agree to abide by the terms and conditions of this
Agreement.
1. GRANT OF LICENSE:
Canon grants you the personal,
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 any time.
You shall not assign, sublicense, sell, rent, lease, loan,
convey or transfer to any third party, or send or bring the
SOFTWARE out of the country where you originally obtain
it to other countries without required authorization of
applicable governments, or copy, duplicate, translate or
convert to another programming language the SOFTWARE
or accompanying documentation, except as expressly
provided herein.
Except as expressly permitted under the applicable law, you
shall not alter, modify, disassemble, decompile or
otherwise reverse engineer the SOFTWARE or
accompanying documentation and you also shall not have
any third party do so.
2. BACK-UP COPY:
You may make one copy of the
SOFTWARE solely for a back-up purpose or copy the
SOFTWARE onto the permanent storage device (e.g. a hard
disk) of your computer and retain the original for a back-up
purpose. Except as expressly permitted under the
applicable law, 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 UPDATE:
Canon, Canon’s affiliate, their
distributor or dealer is not responsible for maintaining or
helping you to use the SOFTWARE. No updates, fixes or
support will be made available for the SOFTWARE.
4. LIMITED WARRANTY AND DISCLAIMER OF
INDEMNITY:
Canon, Canon’s affiliate, their distributor or
dealer will not guarantee uninterrupted service, or absence
or correction of errors. Therefore, the SOFTWARE is
licensed on an “AS IS” basis without warranty of any kind.
The diskette on which the SOFTWARE is recorded is
warranted against defective material or workmanship
under normal use for a period of ninety (90) days from the
date you purchased the same as evidenced by a receipt or
otherwise. The limited warranty does not apply if the failure
of the diskette resulted from accident, abuse or
misapplication of the SOFTWARE and shall not extend to
anyone other than the original user of the SOFTWARE.
CANON, CANON’S AFFILIATE, THEIR DISTRIBUTOR OR
DEALER DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE SOFTWARE OR ACCOMPANYING
DOCUMENTATION.
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.
