Canon 70 MC - ZR70MC MiniDV Digital Camcorder Instruction Manual page 3

EXCEPT AS SPECIFICALLY SET FORTH HEREINABOVE, CANON, CANON'S SUBSIDIARIES, DISTRIBUTORS AND
DEALERS DISCLAIM ALL WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO, WARRANTIES OR CONDITIONS AS TO DESIGN, QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OF SYSTEM INTEGRATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANON, CANON'S SUBSIDI-
ARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS BE LIABLE FOR ANY LOSS OR DAMAGES WHATSO-
EVER (WHETHER KNOWN, FORESEEABLE OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ANY CONSEQUEN-
TIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF CONFIDENTIAL OR OTHER BUSINESS
INFORMATION, FOR LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY
TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CANON
OR ANY SUPPLIER, OR OTHERWISE EVEN IF CANON, CANON'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBU-
TORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY. TO THE
FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE CANON, ITS SUPPLIER, CANON'S
SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS OR DEALERS FROM ANY AND ALL LIABILITY ARISING FROM
OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.
SOME STATES, PROVINCES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRAN-
TIES, 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.
7. TERM
This Agreement is effective upon your acceptance hereof by clicking "YES" below 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 including any and all copies thereof. This Agreement shall also
terminate without notice to you if you fail to comply with any of the terms of this Agreement. In the event that
this Agreement terminates for your failure to comply, you must promptly destroy the SOFTWARE including any
and all copies thereof. In addition, Canon may enforce its other legal rights.
8. U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE
The SOFTWARE is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (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.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(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.
9. 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.
10. 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.
11. ACKNOWLEDGMENT
CLICKING "YES" BELOW AND SUBSEQUENTLY USING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTOOD IT AND 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, ORAL OR WRITTEN, AND ANY OTHER COMMUNICA-
TIONS BETWEEN YOU AND CANON RELATING TO THE SUBJECT MATTER HEREOF. NO AMENDMENT TO THIS
AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED OFFICER OF CANON.
E
3