Canon IVY Rec Outdoor Camera IVY REC End User License Agreement - iOS and Andr - Page 5

CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE APP, USE THEREOF OR INABILITY TO USE THE APP EVEN IF ANY OR ALL OF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF OR RELATING TO THE FOLLOWING: (I) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, USER GENERATED CONTENT, OR YOUR DEVICE; (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS, DATA, USER GENERATED CONTENT, OR YOUR DEVICE AS A RESULT OF YOUR USE OF THE APP; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE APP INCLUDING YOUR ACCESS TO THIRD PARTY SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE APP. 10.2 YOU AGREE TO ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE APP. 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 ANY PROVIDER HEREUNDER, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 11. Governing Law/Export Restrictions/Legal Compliance. For individuals residing and located in the United States: This EULA shall be governed by and construed and interpreted in accordance with the laws of the State of New York, without reference to any conflict or choice of laws provisions. You shall comply with all then-current export and import laws and regulations of the United States and such other governments as are applicable when using the App. You hereby certify that You will not, nor cause your agent to, directly or indirectly export, re-export, transship or transmit the App, or any portion thereof, or related information, media, or App in violation of United States laws, rules or regulations. You represent and warrant that You are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. For individuals residing and located in Canada: This EULA shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario. You agree that any claim or dispute against Canon arising out of or relating to the use of the App must be resolved by a court located in Ontario unless otherwise agreed upon by all parties. You shall comply with all thencurrent export and import laws and regulations of the Canadian and United States governments as are applicable when using the App. You hereby certify that You will not, nor cause your agent to, directly or indirectly export, re-export, transship or transmit the App, or any portion thereof, or related information, media, or App in violation of Canadian and United States laws, rules or regulations. 12. Other Usage Rules, Restrictions, Obligations, Rights and Notices Related to the Mobile Application. 12.1 You acknowledge that (i) this EULA is entered into between You and Canon only, and not with Google, Apple or any other platform or service provider of the App, and (ii) Canon, and not Google or 5