Canon 0273B001 Digital Video Software (Windows) Ver.15/Ver.16 Instruction Manu - Page 3

be warranted for the remainder of the original ninety (90) day warranty period of the defective CD-ROM. The limited warranty does not apply if the failure of the CD-ROM resulted from accident, abuse or misapplication of the SOFTWARE and shall not extend to anyone other than the original user of the SOFTWARE. EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH 4, CANON, CANON'S SUBSIDIARIES, DISTRIBUTORS AND DEALERS DISCLAIM ALL WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY E WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. 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. SOME STATES, PROVINCES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF THE SELLER, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. 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 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, Ohtaku, Tokyo 146-8501, Japan. 7. EXPORT RESTRICTIONS You agree to comply with all export laws and restrictions 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 restrictions and regulations, or without all necessary approvals. 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. 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 READ CAREFULLY BEFORE USING 3