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
ATHIRD PARTY ALLEGING THAT THE SOFTWARE OR THE USE THEREOF INFRINGES
ANY
INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.
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 earlierterminated.
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.
227.7202-1 through 227.72024 (June 1995), all U.S. Government End Users shall acquire the
SOFTWARE with only those rights set forth herein. Manufacturer is Canon Inc.l30-2, Shimomaruko 3·
chome, Ohta-ku, Tokyo 146-8501, Japan.
7. EXPORT RESTRICTIONS:
You
agree to comply with all export laws and restrictions and regulations of
the country
inVOlved,
and notto export
or
re-export, directly or indirectly, the SOFTWARE
in
violation of
any such laws and restrictions and regulations, or without all necessary approvals.
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 ofNew
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 ofthe
province of Ontario.
10.0WNERSHIP:
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 awaiver of the rights of Canon, its
affiliated corporations and third party licensors under such laws.
You
only own the CD-ROM media
in
which the Software is stored. 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. Nothing
contained
in
Paragraph 1shall be construed to give Canon any ownership rights in any images,
graphics or textual material that you save
in
connection with the Software.
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 CD-ROM and on the medium of
aback-up copy made pursuant to Section 2above.
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 THATTHIS 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 ADULY AUTHORIZED OFFICER OF CANON.
9