This is a license agreement between you and Canon Inc., having its place of business at 30-2 Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan ("Canon"), with respect to the software (including any image data and sound data included as part thereof, if any (the "Data")) and its associated printed materials and "online" or electronic documentation, if any (collectively, the "Software").
BY INSTALLING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CLOSE THIS INSTALLATION PROGRAM. IN SUCH CASE, THE SOFTWARE WILL NOT BE INSTALLED AND YOU WILL HAVE NO RIGHT TO USE IT.
You agree to use the Software only in accordance with the terms and conditions set forth below.
1. Ownership and Copyright:
All right, title and interest in the Software is owned by Canon or its licensors. Canon or its licensors shall at all times retain all copyright and other intellectual property rights in the Software and all subsequent copies thereof regardless of form. 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 and its licensors. You shall not modify, remove or delete a copyright notice of Canon and/or its licensors contained in the Software, including any copy thereof.
2. License:
Your license to use the Software is non-exclusive and non-transferable. You are permitted to: (1) use the Software ("use" shall mean storing, loading, installing, executing or displaying the software) on your multiple computers, such as workstations, terminals or other devices for your own personal use; (2) use the Data that is instructed to be used as installed into a Canon's digital still or video camera product in the user documentation thereof on such product as instructed; and (3) make a reasonable number of back-up copies of the Software in support of the permitted use, provided that all such copies include the Canon copyright notice as it appears in the original copy of the Software provided to you.
You shall not rent, lease, sub-license, loan, sell, assign, convey, transfer, copy, reproduce, modify, adapt, merge, translate, convert to another programming language, reverse-engineer, decompile, alter, disassemble or create derivative works based in whole or in part on the Software, nor permit any third party to do so or to use the Software, except as expressly permitted by this Agreement and except to the extent and in the circumstances expressly permitted by law.
3. Export restrictions:
You agree not to send or bring the Software out of the country where you originally obtained it to other countries without any required authorization of the applicable governments. You agree to comply with all export laws and restrictions and regulations of each country involved, as well as with the U.S. Export Administration Regulations ("EAR"), and not to export or re-export, directly or indirectly, the Software in violation of such laws, restrictions and regulations, or without all necessary approvals.
4. Termination:
This Agreement is effective upon installation of the Software and remains in effect until terminated. You may terminate this Agreement by destroying the Software including any and all copies. This Agreement may also be terminated if you fail to comply with any of its terms and conditions. Upon termination for any reason whatsoever, you shall immediately destroy all copies of the Software including any Software stored on the hard disk of any computer in your possession, power or control. In addition, Canon is entitled to exercise any contractual or legal rights, powers or remedies it may have. Notwithstanding the foregoing, Section 1, 3, 6 and 8 shall survive any termination of this Agreement.
5. Support and update:
Canon, its subsidiaries and affiliates, and their respective distributors and dealers, and Canon’s licensors are not responsible for maintaining or supporting use of the Software. Canon, its subsidiaries and affiliates, and their respective distributors and dealers, are not obligated to provide any updates, fixes or support to the Software unless otherwise expressly agreed in writing between you and any of the above entities.
6. LIMITED WARRANTY.
THE SOFTWARE IS LICENSED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY RIGHT, TITLE AND INTEREST, INCLUDING WITHOUT LIMITATION, INTELLECTUAL PROPERTY.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CANON, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS, OR CANON’S LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
NO LIABILITY FOR DAMAGES
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS OR CANON’S LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE, UNLESS SUCH LOSSES, LIABILITY, DAMAGES SHALL BE DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY, EVEN IF EITHER CANON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR LEGAL JURISDICTIONS 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.
RELEASE OF LIABILITY
IN THE ABSENCE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS OR CANON’S LICENSORS, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE CANON, CANON’S SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DISTRIBUTORS AND DEALERS AND CANON’S LICENSORS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR THEIR USE.
NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
7. General:
This Agreement constitutes the entire agreement between you and Canon with respect to the Software and supersedes any prior oral or written representations, agreements or understandings with respect to the Software. Neither party shall have any remedy in respect of any statement made to it upon which it relied in entering into this Agreement (unless such statement was made fraudulently) and that party's only remedy shall be for breach of contract as provided for in this Agreement.
If at any time any part of this Agreement is found by a court of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect under the law of any jurisdiction that fact shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement.
The failure or delay of Canon in exercising any right, power or remedy under this Agreement shall not in any circumstance operate as a waiver of such right, power or remedy.
The provisions of this Agreement, in so far as it relates to Canon's subsidiaries and/or affiliates, are directly enforceable by such Canon's subsidiaries and/or affiliates
U.S. Government restricted rights notice
All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987), or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
8. UPDATE:
Canon reserves the right to update the term of the Agreement at any time without notice to you. By continuing to use the Software after an update to the Agreement, you agree to the updated version of the Agreement. The updated version of the Agreement can be reviewed at download site or at Canon’s product introduction site of the Software.
9. To Customers in Japan: