Canon PowerShot S100 Software Starter Guide DC SD

NEITHER CANON NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERS IS

LIABLE FOR ANY DAMAGES HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION,

DIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE INCLUDING LOSS OF

PROFITS, EXPENSE OR INCONVENIENCE HOWSOEVER CAUSED OR ARISING OUT OF THE

SOFTWARE OR THE USE THEREOF.

NEITHER CANON, NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERS

SHALL HAVE ANY OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT

BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR THE USE THEREOF

INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.

5.

TERM:

This Agreement is effective upon your using the SOFTWARE and remains in

effect until expiration of all copyright interests in the SOFTWARE unless earlier

terminated.

You may terminate this Agreement by destroying the SOFTWARE.

This

Agreement will also terminate without notice to you if you fail to comply with any of

the terms of this Agreement and you must then promptly return the SOFTWARE.

In

addition, Canon may enforce its other legal rights.

6.

U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE:

The SOFTWARE is provided with

restricted rights.

Use, duplication or disclosure is subject to restrictions as set forth in

either subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer software

clause at DFARs 252.227-7013 or subparagraph (c) (1) and (2) of the Commercial

Computer Software Restricted Rights Clause at FAR 52.227-19, as applicable.

7.

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.

8.

CONTROLLING LAW:

The terms of this Agreement as it relates to purchases of the

Software in the United States of America shall be governed and construed in all

respects in accordance with the laws and regulations of the State of New York, without

reference to choice of law principles.

The terms of this Agreement as it relates to

purchases of the Software in Canada shall be governed by the laws of the province of

Ontario.

9.

OWNERSHIP:

All rights, including but not limited to copyrights and trade secret rights,

to the SOFTWARE belong to Canon, its affiliated corporations and third party licensors.

Your use of the SOFTWARE is subject to the United States, Canada and other applicable

copyright and trademark laws and nothing in this Agreement constitutes a waiver of

the rights of Canon, its affiliated corporations and third party licensors under such laws.

Nothing contained in Paragraph 1 shall be construed to give Canon any ownership

rights in any images, graphics or textual material that you save in connection with the

Software.

10.

ACKNOWLEDGEMENT:

BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU

HAVE READ THIS AGREEMENT, UNDERSTOOD 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 YOU AND CANON

CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR

PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS

BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF.

NO AMENDMENT

TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED

OFFICER OF CANON.