ACCEPTANCE
THE TERMS OF THIS THIRD PARTY SOFTWARE
STATED HERE OR IN RELATED WARRANTY
PROVISIONS SHALL BE DEEMED ACCEPTED
UPON YOUR USE OF THE PRODUCT FOR ONE
OR MORE OF ITS NORMAL PURPOSES, IF THERE
HAS BEEN NO OTHER PRIOR EXPRESS
ACCEPTANCE.
THE TERMS OF THIS THIRD PARTY SOFTWARE
GOVERN THE THIRD PARTY SOFTWARE AS
DELIVERED WITH THE PRODUCT AND ALL
UPDATED VERSIONS OF THE THIRD PARTY
SOFTWARE PROVIDED UNDER MAINTENANCE
AGREEMENTS OR OTHER SERVICE
ARRANGEMENTS FOR THE PRODUCT WITH
CANON USA OR CANON CANADA OR THEIR
RESPECTIVE AUTHORIZED SERVICE
ORGANIZATIONS.
TERMS OF imageWARE
REMOTE SERVICE
If your Canon Office Imaging Product
("Product") is enabled with embedded
functions for the imageWARE Remote
Diagnostic Service ("iWR"), or your Product is
not iWR enabled but it interacts with the iWR
Plug-in program of imageWARE Enterprise
Management Console ("EMC") software, then
Canon USA, Canon Canada or their respective
authorized independent Canon retail dealers
can access Product meter readings and receive
notifications of certain service errors
automatically via the internet. You can read
more about iWR in Canon published materials
available from your dealer or on the web sites of
Canon USA [www.usa.canon.com] or Canon
Canada [www.canon.ca.]. iWR will only collect
and transmit Product specific meter readings
and service data, and will not access, collect or
transmit End-User image data in the Product.
Your instruction to Canon USA, Canon Canada
or your dealer to activate iWR for a Product shall
be considered (i) a representation that you have
an internal IP network and internet access
available on a generally continuous basis; (ii)
authorization by you to establish, and perform
during the period of iWR activation, HTTPS
communications using your network
bandwidth for transmissions over the internet
of use and service data accumulated by the
Product, and (iii) authorization by you to store,
analyze and use this data for purposes related
to servicing the Product and for Product and
iWR improvement.
By so instructing Canon USA, Canon Canada or
your dealer, you shall also be considered to
acknowledge that (A) the iWR software
(embedded or plug-in) is the confidential
property of Canon USA and its licensor; (B) you
have no rights in such iWR software (except as
the Product executes the limited data collection
and transmission functions for which it is
configured when delivered and you obtain the
benefits of iWR as outlined in Canon published
materials), (C) you shall not disassemble,
decompile, reverse engineer, disclose or
attempt to copy such iWR software, allow any
third party to do any of the foregoing or transfer
your limited rights to any other party without
40
the prior written approval of Canon USA or
Canon Canada; and (D) there are many factors
outside of the control of Canon USA, Canon
Canada or their respective dealers that could
affect the accuracy or timing of meter readings
or service data harvested by iWR and, except as
expressly provided in the limited warranty
statement for the Product or the End-User
License Agreement for EMC software, in the
case of the iWR Plug-in program, neither Canon
USA, Canon Canada nor their respective dealers
shall be responsible for alleged deficiencies in,
or your dissatisfaction with, iWR or any software
used to provide iWR. A copy of the limited
warranty statement can be found within this
Operator's Manual.
If your dealer ceases to be an authorized Canon
USA dealer, it will no longer have access to the
use and service data accumulated by iWR for
your Product.
In that case, you may request or instruct Canon
USA to recommend to you an alternative service
provider who will have access to this data in
order to maintain Product service utilizing iWR
functionality.
TERMS OF Content
Delivery System
If the Content Delivery System (CDS) Service is
enabled for your Canon Office Imaging Product
("Product"), Canon USA, Canon Canada or their
respective authorized independent Canon retail
dealers (each a "Canon Seller") can arrange
internet-based downloads for purposes of
updating firmware, delivering purchased MEAP
application software and activation of optional
Product features. Certain related data files also
may be downloaded (e.g. End-User License
Agreements, conditions of export, Release
Notes) to your Product.
The internet communications will occur
between the Product and one or more servers
managed by Canon Inc. ("Canon Server"). CDS
Service will not download the firmware,
software or data files for purposes other than
mentioned above.
You can read more about CDS Service in Canon
published materials available from your dealer
or on the web sites of Canon USA [www.usa.
canon.com] or Canon Canada [www.canon.ca.].
These materials include a Technology White
Paper for the CDS Service.
Your instruction to Canon USA, Canon Canada
or your dealer to use CDS Service or your use of
CDS Service for a Product shall be considered
(i) a representation that you have an internal IP
network and internet access available to
Products connected to that network on a
generally continuous basis;
(ii) a representation that you have an internet
connection and internal network bandwidth
available for the Canon Server to download
files to each of the Products receiving the
CDS Service. Downloaded files may vary in
size; some will be on the order of several
hundred MB. The CDS Service Technology
White Paper contains further details.
(iii) authorization by you for the Canon Seller to
establish, and perform during the period of
provision of Service, HTTPS/HTTP
communications using your internet and
internal network bandwidth for
transmissions to and from the CDS Server;
(iv) authorization by you for the Product itself or
a Canon serviceperson to download or
update firmware and purchased MEAP
application software, data for internet-based
activation of optional Product features and
certain related data files to Product from the
CDS Server, and to transmit service data (e.g.
serial number, information of firmware) of
Product to the CDS Server.
You acknowledge and agree that the Canon
Seller and CDS Server may rely on internet
addresses you assign to Products and that using
the internet has benefits but also certain risks;
ACCORDINGLY, YOU AGREE THAT THE CDS
SERVICE IS PROVIDED WITHOUT WARRANTY OF
ANY KIND, THAT ANY WARRANTIES ARE
DISCLAIMED AND THAT NO CANON SELLER OR
CANON AFFILIATE IS RESPONSIBLE FOR ANY
INJURY TO YOUR NETWORK OR TO DATA OR
DEVICES NOT SUPPLIED BY A CANON SELLER.
You will be responsible for network security and
any data back-up. You will timely advise the
Canon Seller of any security procedures the
Canon Seller will need to use to provide CDS
Services as described herein.
To the extent downloads involve presenting
end user license terms on your network or
network-connected Products (with a Canon
Seller, Canon affiliate or a third party as licensor)
seeking agreement to such terms, any party
that you allow to respond to presented license
terms will be and is authorized by you to agree
(or not agree) to the terms; if license terms are
not agreed, a license purchased will not be
enabled and you may apply for refund of any
license fees paid.
You acknowledge and agree that the firmware
provided by the CDS Service is governed by the
Third Party Software terms set forth in this
manual.
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