1
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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