Canon Elura 90 Instruction Manual page 164

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
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. 2101 (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.FR. 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, Ohta-
ku, 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
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