SOME STATES, PROVINCES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF THE SELLER, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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 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.
7.EXPORT RESTRICTIONS: You agree to comply with all export laws and restrictions and regulations of the country involved, and not to export or
8.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.
9.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.
10.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 laws of the United States, and 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. You only own the
You may not modify, remove or delete any or all copyright notices (i) which are contained in the Software, including any copy thereof, and (ii) which are on the original
11.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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