ATTENTION: PLEASE READ THIS DOCUMENT BEFORE INSTALLING THE SOFTWARE. This document is an agreement between you, the end user of the software contained in this CD-ROM (the "Software"), and CANON EUROPA N.V., having its place of business at Bovenkerkerweg 59-61, 1185 Amstelveen, The Netherlands ("Canon") (and/or its third party suppliers), the owner(s) of the Software. By installing the Software you agree to be bound by the terms of this Agreement.
Click on "YES" at the bottom of this Agreement if you agree to be bound by the terms of this Agreement, then the Software will be installed. If you click on "NO", the Software will not be installed and you will have no right to use it. In such case, you can return the Software, together with the unused hardware in its original packaging, to the place of purchase for a full refund.
You agree to use the Software only in accordance with the terms and conditions set out below.
Ownership and Copyright: All right, title and interest in the Software is owned by Canon (or its third party suppliers). Canon or its third party suppliers shall at all times retain all copyright and other intellectual property rights in the Software and all subsequent copies thereof regardless of form.
Licence: Your licence to use the Software is non-exclusive and, save as expressly stated in this Agreement, non-transferable. You are permitted to: (1) use one copy of the Software ("use" shall mean storing, loading, installing, executing or displaying the software) with your Canon Digital Camera for your own internal purposes; (2) make a reasonable number of back-up copies of the Software in support of the permitted use, provided that all such copies include the Canon copyright notice as it appears in the original copy of the Software provided to you; (3) transfer the Software and the benefit of this Agreement to another person, provided that this person has agreed to accept the terms of this Agreement and you cease all use of the Software, transfer all copies of the Software you have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this Agreement automatically terminates.
You are not permitted to: (1) rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse-engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its related documentation or use the Software, except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law; (2) reproduce or deal in the Software or any part thereof in any way, except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law.
Term and Termination: This Agreement shall continue in effect until either (1) terminated by you by destroying the Software and its documentation together with all copies or (2) terminated by Canon by notice in writing to you if you are in breach of any of its terms and conditions. Upon termination for whatever reason you shall immediately destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer in your possession, power or control.
Warranties: The media on which the Software is recorded is warranted against defective material or workmanship under normal use for a period of thirty (30) days from the date you purchased the same as evidenced by receipt or otherwise. The limited warranty does not apply if the failure of the media resulted from accident, abuse or misapplication of the Software and shall not extend to anyone other than the original user of the Software. You are responsible for choosing, maintaining and matching the hardware and software components of the respective computer system.
You will load and use the Software at your own risk. In no event shall Canon (or its third party suppliers) be held liable to you for any loss or damage under this Agreement or any collateral contract or in tort (in each case including, without limitation, negligence) in connection with the supply or failure to supply the Software nor for any direct or indirect loss of profit, indirect loss or damage (whether or not Canon has been advised of such loss or damage), or incidental or consequential loss or damages arising out of any action, from whatever source, concerning your use of or inability to use the Software, or errors or deficiencies in it except as expressly provided herein. In no event shall Canon, Canon's subsidiaries, their distributors or dealers, be held liable for any defects in the Software, whether or not covered by the above warranties.
The express terms of this Agreement are in lieu of all warranties, conditions, representations, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
Nothing in this Agreement shall limit or exclude Canon's liability to you for death or personal injury caused by its negligence or for the tort of deceit or arising as a result of Part I of the Consumer Protection Act 1987.
Without prejudice to the immediately preceding paragraph, Canon's liability arising out of or in connection with this Agreement whether in contract, tort (in each case including, without limitation, negligence) or otherwise shall in no circumstances exceed an amount equal to the purchase price of the Canon product together which this Software is licensed.
NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
General: This Agreement constitutes the entire agreement between you and Canon with respect to the Software and supersedes any prior oral or written representations, agreements or understandings with respect to the Software. Neither party shall have any remedy in respect of any statement made to it upon which it relied in entering into this Agreement (unless such statement was made fraudulently) and that party's only remedy shall be for breach of contract as provided for in this Agreement.
If at any time any part of this Agreement is found by a court of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect under the law of any jurisdiction that fact shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement.
The failure or delay of Canon in exercising any right, power or remedy under this Agreement shall not in any circumstance operate as a waiver of such right, power or remedy.
No variation to this Agreement shall be effective unless in writing and signed by an authorised representative of Canon.
Third Party Beneficiary: The provisions of this Agreement, in so far as it relates to Canon's third party suppliers, are directly enforceable by Canon's third party suppliers.
Law: This Agreement shall be governed and interpreted in accordance with Dutch Law. All disputes between the parties which may arise from this Agreement will be resolved exclusively by the District Court of Amsterdam. Canon shall have, however, the sole right to waive this Section and to enforce this Agreement under the local law and/or jurisdiction of the user.
