However, if
you
are
provided
with
the Software
as
stored
in
a medium, Canon warrants the medium
to
be
free from defects
in
materials
and
workmanship under normal
use
for a period of ninety (90)
days
from the date
of
you obtained the
same
as
evidenced
by
a receipt or otherwise.
CUSTOMER
REMEDIES.
Canon, Canon's subsidiaries
and
affiliates, their distributors and dealers' entire
liability and your
exclusive
remedy
shall
be
the replacement
of
the medium not meeting the
LIMITED
WARRANTY.
The
LIMITED
WARRANTY
does
not apply if failure
of
the medium
has
resulted from
accident,
abuse
or misapplication
of
the Software
and
shall
not extend to anyone other than you.
NO LIABILITY
FOR
DAMAGES.
IN
NO
EVENT
SHALL
CANON, CANON'S
SUBSIDIARIES
AND
AFFILIATES,
THEIR
DISTRIBUTORS
AND
DEALERS
BE
LIABLE
FOR
ANY
LOSS
OR
DAMAGES
WHATSOEVER
(WHETHER
KNOWN,
FORESEEABLE
OR
OTHERWISE),
INCLUDING WITHOUT
LIMITATION,
ANY
CONSEQUENTIAL,
INCIDENTAL,
DIRECT,
INDIRECT,
SPECIAL,
PUNITIVE,
OR
OTHER
DAMAGES
WHATSOEVER
(INCLUDING DAMAGES
FOR
LOSS
OF
PROFITS,
BUSINESS
INTERRUPTION,
LOSS
OF
DATA,
LOSS
OF
CONFIDENTIAL
OR
OTHER
BUSINESS
INFORMATION,
OR
OTHER
COMPENSATORY,
INCIDENTAL
OR
CONSEQUENTIAL DAMAGES)
ARISING
OUT
OF
OR
IN
ANY
WAY
RELATED
TO
THE
SOFTWARE,
USE
THEREOF
OR
INABILITY
TO
USE
THE
SOFTWARE
EVEN
IF
CANON, CANON'S
SUBSIDIARIES
OR
AFFILIATES,
THEIR
DISTRIBUTORS
OR
DEALERS
HAVE
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
SOME
STATES
OR
LEGAL
JURISDlalONS
DO NOT ALLOW
THE
LIMITATION
OR
EXCLUSION
OF
LIABILITY
FOR
INCIDENTAL
OR
CONSEQUENTIAL DAMAGES,
OR
PERSONAL
INJURY
OR
DEATH
RESULTING
FROM
NEGLIGENCE
ON
THE
PART
OF
SELLER,
SO
THE
ABOVE
LIMITATION
OR
EXCLUSION
MAY NOT
APPLY
TO
YOU.
DISCLAIMER
OF
INDEMNITY.
CANON,
ITS
LICENSOR,
CANON'S
SUBSIDIARIES
AND
AFFILIATES,
THEIR
DISTRIBUTORS
AND
DEALERS
SHALL
ASSUME
NO
OBLIGATION
TO
INDEMNIFY
YOU
AGAINST
ANY
CLAIM
OR
SUIT
BROUGHT
BY
A
THIRD
PARTY
ALLEGING
THAT
THE
SOFTWARE
OR
USE
THEREOF
INFRINGES
ANY
INTELLECTUAL
PROPERTY
OF
SUCH
THIRD
PARTY.
7.
TERM
This
Agreement
is
effective upon your acceptance hereof
by
installing the Software and remains
in
effect until terminated.
You
may terminate this Agreement
by
destroying the Software including
any
and all copies thereof.
This
Agreement
shall
also
terminate if you fail to comply with any terms
of
this
Agreement.
In
the event that this Agreement terminates for your failure to comply with this
Agreement,
in
addition to Canon enforcing
its
respective legal rights, you must promptly destroy the
Software including
any
and
all
copies
thereof. Notwithstanding the foregoing,
Sections
3,
5 through 7
and 9 through
11
shall
survive
any
termination hereof.
8.
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 227.7202-4
(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.
9.
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.
10.GOVERNING LAW
The
terms
and
conditions
of
this Agreement, the performance hereunder and the interpretation hereof
shall
in
all
respects
be
governed and construed
in
accordance with the laws
of
Japan.
11.ACKNOWLEDGMENT
BY
INSTALLING
THE
SOFTWARE,
YOU
AGREE
THAT
YOU
HAVE
READ
THIS
AGREEMENT,
UNDERSTOOD
IT,
AND
AGREED
THAT
THIS
AGREEMENT
IS
THE
COMPLETE
AND
EXCLUSIVE
STATEMENT
OF
AGREEMENT
BETWEEN
YOU
AND
CANON
CONCERNING
THE
SUBJECT
MAnER
HEREOF
AND
SUPERSEDES
ALL
PROPOSALS
OR
PRIOR
AGREEMENTS,
VERBAL
OR
WRlnEN,
AND
ANY
OTHER
COMMUNICATIONS
BETWEEN
YOU
AND
CANON
RELATING
TO
THE
SUBJECT
MAnER
HEREOF.
NO
AMENDMENT
TO
THIS
AGREEMENT
SHALL
BE
EFFECTIVE
UNLESS
SIGNED
BY
A
DULY
AUTHORIZED
REPRESENTATIVE
OF
CANON.
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