iW360 V2.0 PC EULA
Contents
1. documentation except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law 2 use the Software for the purpose of developing other software programs or 3 reproduce or deal in the Software or any part thereof or allow any third party to 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 Export restriction You agree not to send or bring the Software or its documentation out of the country where you originally obtained it to other countries without any required authorization of the applicable governments You agree to comply with all export laws and restrictions and regulations of the country ies involved as well as with the U S Export Administration Regulations EAR and not to export or re export directly or indirectly the Software in violation of such laws restrictions and regulations or without all necessary approvals Term and Termination This Agreement is effective upon your acceptance by clicking the YES button below and shall continue in effect a until expiry of the Trial Period unless terminated earlier and or b if you obtained a License Certificate until terminated You may terminate this Agreement by destroying the Software and its documentation including any and all copies This Agreement may also be terminated if2. ERMITTED BY LAW LIMITATION OF LIABILITY IN NO EVENT SHALL EITHER CANON CANON SUBSIDIARIES OR AFFILIATES THEIR DISTRIBUTORS OR DEALERS OR CANON LICENSORS BE LIABLE TO YOU FOR ANY DIRECT INDIRECT CONSEQUENTIAL INCIDENTAL SPECIAL OR OTHER DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION WHETHER OR NOT CANON CANON SUBSIDIARIES OR AFFILIATES THEIR DISTRIBUTORS OR DEALERS OR CANON LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES CANON S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WHETHER IN CONTRACT TORT INCLUDING WITHOUT LIMITATION NEGLIGENCE OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE PRICE OF THE CANON PRODUCT FOR WHICH THE SOFTWARE IS DESIGNED PAID BY YOU OR IF THE SOFTWARE IS NOT DESIGNED FOR A SPECIFIC CANON PRODUCT AN AMOUNT EQUAL TO THE PRICE FOR THE SOFTWARE PAID BY YOU NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE CANON S LIABILITY TO YOU FOR DAMAGES ARISING OUT OF DEATH OR BODILY INJURY OR FOR DAMAGES CAUSED BY CANON S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR ARISING OUT OF BOOK 6 ARTICLES 185 TO 193 DUTCH CIVIL CODE PRODUCT LIABILITY OR BOOK 7 ARTICLES 1 TO 38 DUTCH CIVIL CODE CONSUMER PURCHASES NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER U S Government restricted rights notice the Software and its documentation are provide
3. IES AND AFFILIATES THEIR DISTRIBUTORS AND DEALERS AND THEIR LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE If the software is provided in a medium such as a CD ROM by Canon or its subsidiaries Canon or Canon s subsidiary warrants the medium on which the Software is stored to be free from defects in materials and workmanship under normal use for a period of ninety 90 days from the date of you obtained the same as evidenced by a receipt or otherwise CUSTOMER REMEDIES Canon Canon s subsidiaries and affiliates their distributors and dealers entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY and which is returned to Canon s local sales subsidiary operating in the country where you obtained the Software with a copy of the receipt or otherwise The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident abuse or misapplication of the Software and shall not extend to anyone other than the original user of the Software THE EXPRESS TERMS OF THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES CONDITIONS REPRESENTATIONS OTHER THAN FRAUDULENT 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 P
4. SOFTWARE USER LICENCE AGREEMENT ATTENTION PLEASE READ THIS DOCUMENT BEFORE CLICKING THE YES BUTTON BELOW This document is an agreement between you the end user of the software identified below the Software and CANON Inc having its place of business at 30 2 Shimomaruko 3 chome Ohta ku Tokyo 146 8501 Japan Canon Product Name iW360 Version 2 0 which contains the following software programs the Software iW Document Manager Workgroup Version 4 1 Client program iW Publishing Manager Version 3 1 Trial Period Forty five 45 days trial period from acceptance of this Agreement BY CLICKING THE YES BUTTON BELOW YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT PLEASE DO NOT INSTALL THIS SOFTWARE APPLICATION You agree to use the Software only in accordance with the terms and conditions set out below Ownership and Copyright All right s title s and interest s in the Software and its documentation is owned by Canon or its third party suppliers or subsidiary or affiliated companies Canon or its third party suppliers or subsidiary or affiliated companies shall at all times retain all copyright and other intellectual property rights in the Software and its documentation and all subsequent copies thereof regardless of form Except as expressly provided herein no license or right express or implied is hereby convey
5. d with RESTRICTED RIGHTS Use duplication or disclosure by agencies of the U S government 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 subparagraphs c 1 and 2 of the Commercial Computer Software Restricted Rights at 48 CFR 52 227 19 as applicable Manufacturer is Canon Inc 30 2 Shimomaruko 3 chome Ohta ku Tokyo 146 8501 Japan 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 Agr
6. ed or granted by Canon to you for any intellectual property of Canon and its licensors You shall not modify remove or delete a copyright notice of Canon and or its licensors contained in the Software or its documentation including any copy thereof Grant of license Canon grants you the personal non exclusive license to use use as used herein shall include storing loading installing accessing executing or displaying the Software a on multiple computers up to the numbers as specified on the Licence Certificate and b notwithstanding a above during the Trial Period on multiple computers and to use the user s manual of the Software only for use with the Software You may 1 make one copy of the Software solely for back up purposes provided you obtained a Licence Certificate and 2 allow other users to use the Software provided that you ensure that all such users shall abide by the terms of this Agreement and shall be subject to the restrictions and obligations borne by you hereunder You are not permitted to 1 rent lease sub license loan sell assign convey transfer copy modify adapt merge translate convert to another programming language reverse engineer decompile modify alter disassemble or create derivative works based on the whole or any part of the Software or its related documentation and not to have any third party to do so or use the Software or let any third party use the Software or its related
7. eement 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 subsidiaries and or affiliates are directly enforceable by such Canon s third party suppliers subsidiaries and or affiliates 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 the Netherlands 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 ACKNOWLEDGMENT BY CLICKING THE YES BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT UNDERSTOOD IT AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS
8. you fail to comply with any of its terms and conditions Upon termination for whatever reason in addition to Canon enforcing its respective legal rights 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 Support and update Canon Canon subsidiaries or affiliates their distributors and dealers are not responsible for maintaining or helping you to use the Software or its documentation No updates fixes or support will be made available for the Software or its documentation LIMITED WARRANTY THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS AS TO QUALITY AND OR FITNESS FOR A PARTICULAR PURPOSE THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU SHOULD THE SOFTWARE PROVE DEFECTIVE YOU AND NOT CANON CANON S SUBSIDIARIES AND AFFILIATES THEIR DISTRIBUTORS AND DEALERS AND THEIR LICENSORS ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING REPAIR OR CORRECTION SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION CANON CANON S SUBSIDIAR
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