Canon PowerShot A50 PowerShot A50 Software Starter Guide - Page 3

EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH 4, CANON, CANON'S SUBSIDIARIES, DISTRIBUTORS AND DEALERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. NONE OF CANON OR 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. NONE OF CANON, OR 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. 1