1. GRANT OF LICENSE:
Canon grants you a personal and non-exclusive license
to install the Software directly or through other medium such as hard disk
or CompactFlash and use on Canon’s digital camera product "EOS REBEL XSi / EOS 450D" which you own.
You shall not assign, sublicense, sell, rent, lease, loan, convey or otherwise
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
2. OWNERSHIP AND COPYRIGHT:
The Software is copyrighted and owned by 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 retains all right, title and interest to the Software.
3. EXPORT RESTRICTIONS:
You agree to comply with all applicable export
control laws 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 regulations.
4. SUPPORT AND UPDATE:
Canon, Canon’s subsidiaries and affiliates,
their distributors and dealers are not responsible for maintaining or helping
you in your use of the Software. No updates, bug-fixes or support will be
made available to you for the Software.
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.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH
YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CANON, CANON’S
SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU IN SUCH STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED
Canon, Canon’s 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.
IN NO EVENT SHALL CANON, CANON’S 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, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR
DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU IN SUCH STATES WHICH DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CANON, CANON’S 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.
This Agreement is effective upon your clicking "Agree" at
the bottom of this page. You may terminate this Agreement by deleting 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 any of its
legal rights, you shall then promptly delete 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.
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.
BY CLICKING "Agree" AT THE BOTTOM OF THIS
PAGE, YOU SHALL BE DEEMED TO HAVE ACKNOWLEDGED 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.