READ CAREFULLY BEFORE USING!

CANON SOFTWARE LICENSE AGREEMENT

NEITHER CANON NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERS IS

IMPORTANT - READ THIS AGREEMENT BEFORE USING THE SOFTWARE ON THE CD-ROM

LIABLE FOR ANY DAMAGES HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION,

DIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE INCLUDING LOSS OF

IN THIS BOX. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF

PROFITS, EXPENSE OR INCONVENIENCE HOWSOEVER CAUSED OR ARISING OUT OF THE

THIS AGREEMENT.

SOFTWARE OR THE USE THEREOF.

This is a license agreement (the [Agreement]) between you and Canon Inc. ([Canon]).

NEITHER CANON, NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERS

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT

SHALL HAVE ANY OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT

USE THE SOFTWARE PROGRAM ON THE CD-ROM AND THE USER MANUAL IN THIS BOX

BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR THE USE THEREOF

(COLLECTIVELY, THE [SOFTWARE]) AND RETURN THE SOFTWARE WITHIN 30 DAYS FROM

INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.

THE DATE OF PURCHASE TO YOUR POINT OF PURCHASE FOR A REFUND.

5. TERM: This Agreement is effective upon your using the SOFTWARE and remains in effect until

In consideration of the right to use the SOFTWARE, you agree to abide by the terms and conditions

expiration of all copyright interests in the SOFTWARE unless earlier terminated. You may

of this Agreement.

terminate this Agreement by destroying the SOFTWARE. This Agreement will also terminate

1.

LICENSE: Canon grants you the non-exclusive right to use the SOFTWARE only on a single

without notice to you if you fail to comply with any of the terms of this Agreement and you must

 

computer. You may physically transfer the SOFTWARE from one computer to another provided

then promptly return the SOFTWARE. In addition, Canon may enforce its other legal rights.

 

that the SOFTWARE is used on only one computer at a time. You shall not install or use the

6. U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE: The SOFTWARE is provided with

 

SOFTWARE on a network, multiple CPU, multiple site arrangement, or any other hardware

restricted rights. Use, duplication or disclosure is subject to restrictions as set forth in either

 

configuration where the SOFTWARE is accessible to more than one CPU or to more than one

subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer software clause at

 

user.

DFARs 252.227-7013 or subparagraph (c) (1) and (2) of the Commercial Computer Software

YOU SHALL NOT ASSIGN, SUBLICENSE, RENT, LEASE, LOAN, CONVEY OR OTHERWISE USE,

Restricted Rights Clause at FAR 52.227-19, as applicable.

TRANSFER, COPY, TRANSLATE, CONVERT TO ANOTHER PROGRAMMING LANGUAGE,

7. SEVERABILIT : In the event that any provision of this Agreement is declared or found to be

ALTER, MODIFY, DECOMPILE OR DISASSEMBLE THE SOFTWARE, IN WHOLE OR IN PART,

illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this

2.

BACK-UP COPY: You may make one copy of the SOFTWARE solely for back-up purposes, or

Agreement shall remain in full force and effect.

 

copy the SOFTWARE onto the permanent storage device (e.g. a hard disk) of your computer

8. NTROLLING LAW: The terms of this Agreement as it relates to purchases of the Software in

 

and retain the original for back-up purposes. Any other copying of the SOFTWARE is a violation

the United States of America shall be governed and construed in all respects in accordance with

 

of this Agreement. You must reproduce and include the copyright notice on the back-up copy.

the laws and regulations of the State of New York, without reference to choice of law principles.

3.

SUPPORT AND UPDATES: Canon is not responsible for providing maintenance or support for

The terms of this Agreement as it relates to purchases of the Software in Canada shall be

 

use of the SOFTWARE. No updates, fixes or support will be made available for the

governed by the laws of the province of Ontario.

 

SOFTWARE.

9. OWNERSHIP: All rights, including but not limited to copyrights and trade secret rights, to the

4.

LIMITED WARRANTY AND LIMITATION OF LIABILITY: It is your responsibility to choose,

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

 

maintain and match the hardware and software components of your computer system.COPYThus

 

Canon does not guarantee uninterrupted service or correction of errors or that the functions or

trademark laws and nothing in this Agreement constitutes a waiver of the rights of Canon, its

 

performance of the SOFTWARE will meet your requirements. THE SOFTWARE IS LICENSED

affiliated corporations and third party licensors under such laws.

 

ON AN [AS IS] BASIS AND WITHOUT WARRANTY OF ANY KIND. The CD-ROM storing the

Nothing contained in Paragraph 1 shall be construed to give Canon any ownership rights in any

 

SOFTWARE is warranted only against defective material under normal use for a period of ninety

images, graphics or textual material that you save in connection with the Software.

 

(90) days after purchase from an authorized Canon dealer as evidenced by your sales receipt.

10.ACKNOWLEDGEMENT: BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU

 

Your sole remedy for a defective CD-ROM shall be replacement of the same without charge

HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS

 

when returned by you at your expense to your point of purchase and proven to be defective

TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE

 

upon inspection. The replacement CD-ROM will be warranted for the remainder of the original

COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND CANON

 

ninety (90) day warranty period of the defective CD-ROM. The limited warranty does not apply if

CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS

 

the failure of the CD-ROM resulted from accident, abuse or misapplication of the SOFTWARE

OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS

 

and shall not extend to anyone other than the original user of the SOFTWARE.

BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. NO

EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH 4, CANON, CANON’S

AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY

SUBSIDIARIES, DISTRIBUTORS AND DEALERS DISCLAIM ALL WARRANTIES, EXPRESS OR

AUTHORIZED OFFICER OF CANON.

IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A

 

PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.

 

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