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END USER LICENSE AGREEMENT
ATTENTION: PLEASE READ THIS DOCUMENT BEFORE INSTALLING THE LICENSED SOFTWARE.
This is a license agreement between you and Canon Inc., having its place of business at 30-2 Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan ("Canon"), with respect to software and its associated electronic or online manuals, if any (the "Software") and/or text, image, graphic and other creations in digital format ("Contents Data"), which are provided to you with this End User License Agreement (Software and Contents Data hereinafter shall be referred to individually or collectively as the Licensed Software").
BY INSTALLING THE LICENSED SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CLOSE THE INSTALLATION PROGRAM. THE LICENSED SOFTWARE WILL NOT BE INSTALLED AND YOU WILL HAVE NO RIGHT TO USE IT. You agree to use the Licensed Software only in accordance with the terms and conditions set forth below.
1. Ownership and Copyright: All right, title and interest in the Licensed Software is owned by Canon or its licensors. Canon or its licensors shall at all times retain all copyright and other intellectual property rights in the Licensed Software and all subsequent copies thereof regardless of form. 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 and its licensors. You shall not modify, remove or delete a copyright notice of Canon and/or its licensors contained in the Licensed Software, including any copy thereof.
2. License: Your license to use the Licensed Software is non-exclusive and non-transferable:
(1) You are permitted to use the Software ("use" shall mean storing, loading, installing, executing or displaying the Software) on your multiple computers for your own personal use. You shall not rent, lease, sublicense, loan, sell, assign, convey, and transfer the Software.
(2) You are permitted to copy, use and modify the Contents Data ("use" shall mean storing, loading, installing, executing or displaying the Contents Data) on your multiple computers for your own personal use. You shall not rent, lease, sublicense, loan, sell, assign, convey nor transfer the Contents Data and derivatives of the Contents Data. You are also permitted to print the Contents Data or derivatives of the Contents Data ("Print") and to use, have used, copy, have copied and distribute the Print for your own non-commercial purposes. You shall not use, have used, copy, have copied nor distribute the Print for commercial purposes. Canon shall not be liable for your use of the Contents Data and Print, nor any claim and suit against you arising from or in any way related to the use of the Contents Data and Print, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
(3) You make a reasonable number of back-up copies of the Licensed Software in support of the permitted use, provided that all such copies include the Canon copyright notice as it appears in the original copy of the Licensed Software provided to you.
(4) Except as expressly provided herein, you shall not rent, lease, sub-license, loan, sell, assign, convey, transfer, copy, reproduce, modify, adapt, merge, translate, convert to another programming language, reverse-engineer, decompile, alter, disassemble or create derivative works based in whole or in part on the Licensed Software, nor permit any third party to do so or to use the Licensed Software, except as expressly permitted by this Agreement and except to the extent and in the circumstances expressly permitted by law.
3. Export restriction: You agree not to send or bring the Licensed Software out of the country where you originally obtained it to other countries without any required authorization of the applicable governments. You agree to comply with all export laws and restrictions and regulations of each country involved, as well as with the U.S. Export Administration Regulations ("EAR"), and not to export or re-export, directly or indirectly, the Licensed Software in violation of such laws, restrictions and regulations, or without all necessary approvals.
4. Termination: This Agreement is effective upon installation of the Licensed Software and remains in effect until terminated. You may terminate this Agreement by destroying the Licensed Software including any and all copies. This Agreement may also be terminated if you fail to comply with any of its terms and conditions. Upon termination for any reason whatsoever, you shall immediately destroy all copies of the Licensed Software including any Licensed Software stored on the hard disk of any computer in your possession, power or control. In addition, Canon is entitled to exercise any contractual or legal rights, powers or remedies it may have.
5. Support and update: Canon, its subsidiaries and affiliates, and their respective distributors and dealers, are not responsible for maintaining or supporting use of the Licensed Software. Canon, its subsidiaries and affiliates, and their respective distributors and dealers, are not obligated to provide any updates, fixes or support to the Licensed Software unless otherwise expressly agreed in writing between you and any of the above entities.
6. LIMITED WARRANTY. THE LICENSED SOFTWARE IS LICENSED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AS TO MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY RIGHT, TITLE AND INTEREST, INCLUDING WITHOUT LIMITATION, INTELLECTUAL PROPERTY.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH YOU. SHOULD THE LICENSED SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CANON, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
CANON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
If the Licensed Software is provided in a medium, such as a CD-ROM, Canon warrants the medium on which the Licensed Software is stored to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date when you obtained the same as evidenced by a receipt or by other means acceptable to Canon.
CUSTOMER REMEDIES. Canon and its licensors' entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY and which is returned to Canon's local sales subsidiary operating in the country where you obtained the Licensed Software with a copy of the receipt or by other means acceptable to Canon. The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident, abuse or misapplication of the Licensed Software and shall not extend to anyone other than the original user of the Licensed Software.
7. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY WARRANTY MADE TO YOU AND IT IS PROVIDED IN LIEU OF ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER CANON OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), WHETHER OR NOT CANON OR ANY LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF CANON AND ANY OF ITS LICENSORS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE CANON PRODUCT FOR WHICH THE LICENSED SOFTWARE IS DESIGNED OR FIVE US DOLLARS (US$5.00) OR THE EQUIVALENT AMOUNT IN THE RELEVANT LOCAL CURRENCY.
NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
9. General: This Agreement constitutes the entire agreement between you and Canon with respect to the Licensed Software and supersedes any prior oral or written representations, agreements or understandings with respect to the Licensed Software. Neither party shall have any remedy in respect of any statement made to it upon which it relied in entering into this Agreement (unless such statement was made fraudulently) and that party's only remedy shall be for breach of contract as provided for in this Agreement.
If at any time any part of this Agreement is found by a court of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect under the law of any jurisdiction that fact shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement.
The failure or delay of Canon in exercising any right, power or remedy under this Agreement shall not in any circumstance operate as a waiver of such right, power or remedy.
No variation to this Agreement shall be effective unless in writing and signed by an authorized representative of Canon.
The provisions of this Agreement, in so far as it relates to Canon's subsidiaries and/or affiliates, are directly enforceable by such Canon's subsidiaries and/or affiliates
U.S. Government restricted rights notice
All Licensed Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Licensed Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987), or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.