IMPORTANT - READ CAREFULLY THIS AGREEMENT BEFORE CLICKING "AGREE"! CLICKING "AGREE" AT THE BOTTOM OF THIS PAGE ACKNOWLEDGES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This legal document is a license agreement between you and Canon Inc. ("Canon"). CLICKING "AGREE" AT THE BOTTOM OF THIS PAGE ACKNOWLEDGES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "DO NOT AGREE" AT THE BOTTOM OF THIS PAGE AND QUIT THIS DOWNLOAD PROGRAM. YOU WILL NOT BE ABLE TO USE THE SOFTWARE.
In consideration of the right to use the Software (hereinafter defined), you agree to abide by the terms and conditions of this Agreement.
1. GRANT OF LICENSE: Canon grants you a personal and non-exclusive license to install and use Canons software program identified by Canon as "EOS-1V Remote,EOS-1V Memory,EOS-1V USB-Serial Driver" (the "Software") only on a single computer.
You shall not assign, sublicense, sell, rent, lease, loan, convey or transfer to any third party, or copy, duplicate, translate or convert to another programming language the Software, except as expressly provided herein. You shall not alter, modify, disassemble, decompile or otherwise reverse engineer the Software and you also shall not have any third party to do so.
You shall not modify, remove or delete a copyright notice of Canon contained in the Software.
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.
2. OWNERSHIP AND COPYRIGHT: All rights in the Software including,but not limited to,confidential information,trade secrets,trademarks,service marks,patents, copyrights and other rights,including any inpatented confidential production method used or embodied in connection with the Software are,shall be and will remain the property of Canon or its Licensor.All copies of the software delivered to or copied by you remain the property of Canon.You agree and acknowledge that Canon transfers neither ownership interest nor intellectual property in the Software to you under this Agreement or otherwise, and that Canon reserves all rights not expressly granted to you hereunder.
3. EXPORT RESTRICTIONS: You agree not to export or re-export, directly or indirectly, the Software without obtaining prior written content from Canon and the appropriate government licenses of the country involved.
4. SUPPORT AND UPDATE: Canon, Canons subsidiaries and affiliates, their distributors and dealers are not responsible for maintaining or helping you to use the Software. Because the software is provided "AS IS",no updates,fixes or support will be made for the software.
5. DISCLAIMER OF WARRANTY AND INDEMNITY:
DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NO OTHER WARRANTY OR GUARANTY GIVEN BY ANY PERSON,FIRM,OR CORPORATION WITH RESPECT TO THE SOFTWARE SHALL BIND CANON OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION ,PRODUCTION OR DELIVERY OF THE SOFTWARE.SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CANON, CANONS SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, 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.
Canon, Canons subsidiaries and affiliates, their distributors and dealers 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.
LIMITATION OF LIABILITY. IN NO EVENT SHALL CANON, CANONS SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY OF USE THEREOF EVEN IF CANON, CANONS SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF INDEMNITY. CANON, CANONS SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS SHALL HAVE NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.
6. TERM: This Agreement is effective upon your clicking "AGREE" at the bottom of this page and remains in effect until terminated. You may terminate this Agreement by uninstalling the Software. This Agreement will also terminate if you fail to comply with any of the terms of this Agreement. In addition to Canon enforcing its respective legal rights, you shall then promptly uninstall the Software.
7. 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./30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan.
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. ACKNOWLEDGMENT: BY CLICKING "AGREE" AT THE BOTTOM OF THIS PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND CANON CONCERNING THE SUBJECT MATTER HEREOF WHICH SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF CANON.
Should you have any questions concerning this Agreement, or if you desire to contact Canon for any reason, please write to Canons sales subsidiary serving the country where you obtained this Software.