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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 PERSONALINJURY 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.FR. 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.FR. 12,212 and 48 C,FR.
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 not to export or re-export, directly or indirectly, the SOFTWARE in violation of
any such laws and restrictions and regulations, orwithout 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 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 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
a back-up copy made pursuant to Section 2 above.
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
A DULY AUTHORIZED OFFICER OF CANON.