This software package contains Canon software programs, Canon driver software programs and an electronic user's manual collectively (the "Software Programs") on CD-ROM media (the "Media"). Certain of the Software Programs were developed and are owned and distributed by third parties (the "Software Publishers"). Your license, as set forth below, to use the Software Programs is granted by Canon Computer Systems, Inc. ("CCSI") (unless this software package is installed and used by you in Canada, in which case this license is granted by Canon Canada, Inc. ("Canon Canada")).
1. License: You have the limited non-exclusive right and license to use the Software Programs on a single computer under the terms and conditions contained in this Agreement. You may physically transfer the Software Programs from one computer to another provided that the Software Programs are installed and used on only one computer at a time. You may not provide copies of the Software Programs to others and you may not assign, sublicense, rent, sell or otherwise transfer the Software Programs to others, but you may permanently transfer the Software Programs to another user provided that you retain no copies and the recipient agrees to the terms of this Agreement. You may not install the Software Programs on a network server for use on multiple client computers.
2. Copies and Modifications: You may make one copy of the Software Programs solely for back-up purposes. You must reproduce and include on the back-up copy all copyright and other proprietary notices included in the Software Programs. You may not copy the Software Programs except for the back-up copy. You may not modify the Software Programs, and you may not reverse engineer, decompile or disassemble the Software Programs.
3. Ownership: All rights, including but not limited to copyrights and trade secret rights, to and in each Software Program (including the content thereof) belong to CCSI, the applicable Software Publisher and/or other third parties. Your use of the Software Programs (including the content and items printed incorporating content) is subject to U.S. and other applicable copyright and trademark laws, and nothing in this Agreement constitutes a waiver of the rights of CCSI, the Software Publishers and other applicable third parties under such laws. Without limiting the foregoing, you may not sell greeting cards, t-shirts or any other items which incorporate copyrighted content from the Software Programs. Your use of certain Software Programs may be subject to additional restrictions, as set forth in the User's Manual.
4. Term: This license is effective from the day you install this software package until terminated. If you fail to comply with any term of this Agreement, this Agreement shall terminate without notice to you and you must then promptly return the Software Programs. In addition, CCSI or Canon Canada may enforce their other legal rights.
5. Limited Warranty and Limitation of Liability: It is your responsibility to choose, maintain and match the hardware and software components of your computer system. Thus, neither CCSI nor Canon Canada guarantees uninterrupted service or correction of errors or that the functions or performance of the Software Programs will meet your requirements. THE SOFTWARE PROGRAMS ARE LICENSED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND.
The Media are warranted against defective material or workmanship under normal use for a period of thirty (30) days after purchase from an authorized Canon dealer. Defective Media returned to CCSI or Canon Canada with proof of receipt, and proven to be defective upon inspection, shall be replaced without charge with media containing the software programs or the then current version of the software programs, at CCSI's or Canon Canada's discretion. Replacement Media will be warranted for the remainder of the original thirty (30) day warranty period of the defective Media. The limited warranty does not apply if the failure of the Media resulted from accident, abuse or misapplication of the Software.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE WITH RESPECT TO THE MEDIA, NO EXPRESS OR IMPLIED WARRANTY (OR CONDITION)* AS TO THE QUALITY OR PERFORMANCE OF THE SOFTWARE PROGRAMS, INCLUDING ANY WARRANTY (OR CONDITION)* OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN FOR THE SOFTWARE PROGRAMS OR THE MEDIA, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED (EXCEPT FOR IMPLIED WARRANTIES ON THE MEDIA WHICH ARE LIMITED IN DURATION TO THE THIRTY (30) DAY PERIOD DESCRIBED ABOVE). No other warranty or guaranty given by any person, firm or corporation with respect to the Software Programs shall bind CCSI, Canon Canada, the Software Publishers or anyone else who has been involved in the creation, production or distribution of the Software Programs.
IN NO EVENT SHALL CCSI, CANON CANADA, THE SOFTWARE PUBLISHERS OR ANY OTHER PERSON, FIRM OR CORPORATION BE RESPONSIBLE FOR ANY EXPENSE OR INCONVENIENCE INCURRED, ANY REVENUE OR PROFITS LOST, OR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR MISUSE OF, INABILITY TO USE, OR NONPERFORMANCE OF, THE SOFTWARE PROGRAMS.
Some states or provinces do not allow limitation of how long implied warranties last, and do not allow the exclusion or limitation of damages, so the above limitations may not apply to you. The limited warranty granted herein shall not extend to anyone other than the original user of the Software Programs. This limited warranty gives you specific legal rights, and you may also have other rights which may vary from country to country.
6. Governing Law: This Agreement is governed by the laws of the State of California, United States of America, without giving effect to the conflicts of laws principles thereof.
7. Acknowledgment: BY CLICKING ON THE "ACCEPT" BUTTON BELOW , YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
