IMPORTANT- READ THIS AGREEMENT CAREFULLY BEFORE CLICKING "I agree and download" AT THE BOTTOM OF THIS PAGE!
This License Agreement (the "Agreement") is a legal agreement between you and Canon Inc. ("Canon") under which Canon is providing the software program for version-up of the firmware of Canon’s digital camera products "EOS DIGITAL REBEL XTi / EOS 400D DIGITAL" (the "Software"). BY CLICKING "I agree and download" AT THE BOTTOM OF THIS PAGE, YOU ARE DEEMED TO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE. IN SUCH EVENT, YOU WILL NOT BE ABLE TO USE THE SOFTWARE
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 DIGITAL REBEL XTi / EOS 400D DIGITAL" 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 of Canon.
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, Canons 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.
5. DISCLAIMER: 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, CANONS 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 WARRANTIES.
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.
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. 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, 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. 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.
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 "I agree and download" 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.