End-user license agreement
IMPORTANT - READ CAREFULLY: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (either in your individual capacity or on be-half of an entity) AND CANON PRODUCTION PRINTING. BY INSTALLING, COPYING OR USING THE SOFTWARE OR CLICKING A “NEXT” OR “ACCEPT” BUTTON (IF THE EULA IS IN A SCREEN DISPLAY), YOU ACCEPT AND AGREE (FOR YOURSELF OR YOUR EMPLOYER AS APPLICABLE) TO BE BOUND BY THE TERMS AND CONDI-TIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THE EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE , BUT RETURN SAME PROMPTLY TO CANON PRODUCTION PRINTING FOR A REFUND OF ANY FEES PAID THERE-FORE.
CANON PRODUCTION PRINTING END USER LICENSE AGREEMENT
This EULA governs your use of any computer software, including operating system soft-ware for hardware and configurations approved by Canon Production Printing (the “Soft-ware”), installed or made available by Canon Production Printing or its suppliers that is not otherwise subject to a separate license between you and Canon Production Printing or its suppliers. The Software may include associated media, materials and documenta-tion related thereto, whether printed, electronic or available on-line (all such materials and documentation referred to herein as the “Documentation"). The Software and Documen-tation is protected by copyright, trademark and other intellectual property laws and inter-national treaties.
This EULA applies to updates to and upgrades of the original Software that may be pro-vided to you by Canon Production Printing or its supplier. Canon Production Printing may apply other terms to such updates or upgrades. You hereby agree that those other terms shall govern to the extent such other terms conflict with the terms of this EULA.
You may use upgrades of the Software that has been identified by Canon Production Printing as eligible for the upgrade, when you already have a license to use the original Software. After upgrading you may not use any previous release of the Software anymore.
An update means modification of the Software, consisting of a (group of ) bug fix(es) or improvement(s) of existing functionality that is designated by a change in the version number to the right of the decimal point. An upgrade means a new version of the Software with new functionality that is designated by a change in the version number to the left of the decimal point.
1. GRANT OF LICENSE:
This EULA grants you the following non-exclusive, non-transferable rights, provided you comply with all terms and conditions of this EULA:
- Use. You may use (“use” as used herein shall include storing, loading, installing, ac-cessing, executing or displaying) one copy of the Software as embedded in, for execu-tion on, or for communicating with a designated computing device solely for its intend-ed operation. When the Software is provided to you via the internet and is licensed for use on more than one designated computing devices you may install and use the Software only on those computing devices. You may not distribute the Software. You may not separate component parts of the Software for use on more than one comput-er device.
- Storage. You may copy and download the Software into the RAM (computer’s tempo-rary local memory) or a storage medium of or for the computing device designated by Canon Production Printing.
- Copy. You may make one copy of the Software for archival or back-up purposes, pro-vided that any such copy contains all of the original Software’s proprietary notices and legends, and that it is used only for back-up purposes.
- Documentation. You may download on a hard disk or other storage device or print and use one copy of the Documentation solely for your internal business purpose.
- Recovery solution. You may use any (field) recovery solution provided with or for the designated computing device, which may be in the form of a hard disk drive-based so-lution, a media based (recovery) solution (e.g. CD, DVD or USB) or an equal solution delivered in another form, but only for restoring the hard disk drive of your designated computing device. The use of any Microsoft operating system software contained in such (field) recovery solution shall be governed by the terms of the respective Mi-crosoft License Agreement.
- “Free“ or “Open-Source“ Software. The Software may contain non-proprietary soft-ware components (including without limitation programs, applications, libraries and other programming code), which is provided under a free or open source licensing model by third parties (“FOSS“). Such FOSS components, which are part of the Soft-ware, are redistributed by Canon Production Printing or its supplier subject to the terms and conditions of the applicable FOSS license agreements for such compo-nents. The terms and conditions of such licenses govern your use of the FOSS com-ponents. Your rights or obligations defined by the applicable FOSS license agree-ments will not be restricted or increased by your receipt of FOSS components under this EULA. Copies of the FOSS license agreements for FOSS components that are part of the Software are included with or referenced in the Software Documentation available in hard copy and/or electronically.
- Evaluation Software: Software that is identified as “Evaluation Software” by Canon Production Printing or its supplier shall be subject to the provisions of this section g. If these provisions conflict with other terms of this EULA, these provisions shall govern. You will be granted a royalty-free, non- transferable, limited right to use the Evaluation Software for evaluation purposes only for a period of thirty (30) days. Canon Produc-tion Printing does not provide support for Evaluation Software. You shall use any in-formation about the Evaluation Software gathered from its use only for internal evalua-tion purposes. You shall not provide such information to any third parties. The Evalua-tion Software may contain defects or other problems that may cause data loss and system or other failures. Canon Production Printing provides the Evaluation Software to you “AS IS”. Canon Production Printing disclaims any warranty or liability obliga-tions to you of any kind. Canon Production Printing or its suppliers may invoice you the list price or applicable fee for the Software when you neglect to return or destroy (any and all copies of) or use the Evaluation Software after expiry of the evaluation period. You shall pay the invoiced price or fee upon receipt. WHERE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTY OR LIABILITY BUT MAY AL-LOW LIMITATION THEREOF CANON PRODUCTION PRINTING, ITS AFFILIATES, RESELLERS AND ANY OF ITS SUPPLIERS SHALL NOT BE LIABLE UNDER THIS EULA FOR DAMAGES RELATED TO OR IN CONNECTION WITH EVALUATION SOFTWARE IN EXCESS OF THE AMOUNT OF EUR 500,00.
2. OTHER LIMITATIONS:
- You may not, and you may not allow any third party to: (i) copy the Software or the Documentation except as expressly provided in this EULA; (ii) reverse engineer, de-compile, disassemble (except and only to the extent applicable law explicitly permits such action), or create or recreate the source code for the Software; (iii) modify, adapt, tamper with, translate or create derivative works based on the Software or the Docu-mentation; (iv) rent, lease, lend, or grant a security interest in the Software or the Doc-umentation; (v) sell, market, license, sublicense, distribute, assign or transfer in any manner or medium any copy, license or right of or to any aspect of the Software or the Documentation except as expressly provided in this EULA; (vi) combine, merge or use any part of the Software or Documentation to develop with, into or for any other soft-ware or documentation; or (vii) modify, remove or tamper with any copyright notices or any other product identification or proprietary right notices affixed to, or contained in the Software or the Documentation, including any copy thereof.
- The Software was not designed for user environments that require failsafe or fault-tolerant performance. You may not use the Software in or for any high risk systems (e.g. nuclear plant or airplane) in which a failure or fault of any kind of the Software could reasonably be seen to lead to death or serious injury of any person, or to severe physical or environmental damage.
- The Software is licensed as a single product and its component parts may not be sep-arated for use on or for more than one Canon Production Printing imaging device.
Canon Production Printing (or its licensors) exclusively owns and reserves all rights, title and interest in and to the Software and the Documentation (and including, but not limited, to any images, photographs, animations, video, audio, music and text incorporated into the Software or the Documentation). This EULA is not an agreement of sale, and, no title, license or right, express or implied, is hereby conveyed or granted by Canon Production Printing to you for any intellectual property rights to the Software of Canon Production Printing (or its suppliers, subsidiary or affiliated companies), except as expressly provided in this EULA.
Canon Production Printing may terminate your license when you fail to comply with the terms and conditions of this EULA and fail to remedy the breach within thirty (30) days of being notified in writing thereof, specifying the nature of the breach and the intention to terminate. Upon such termination, you must end and refrain from any use of and return all copies of the Software and the Documentation to Canon Production Printing or destroy such copies and provide reasonable proof of such destruction to Canon Production Prin-ting. All other provisions of this EULA shall be and remain in full force and effect during and after the term of this Agreement.
5. NO WARRANTY:
- CANON PRODUCTION PRINTING PROVIDES THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND NEITHER CANON PRODUCTION PRINTING NOR ITS SUPPLI-ERS OR RESELLERS WARRANT, REPRESENT OR GUARANTEE THAT THE FUNCTIONS CONTAINED IN OR PERFORMANCE OF THE SOFTWARE, WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE FAILSAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS, OR THAT THE SOFTWARE WILL FUNCTION WITH NON-CANON PRODUCTION PRINTING SUPPLIES OR ACCESSORIES.
- ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS IN-CLUDING BUT NOT LIMITED TO MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SYSTEM INTEGRATION OR LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE ARE EXPRESSLY EXCLUDED. Some jurisdictions do not allow the ex-clusion of implied warranties, so the above exclusion may not apply to you.
6. MAINTENANCE AND SUPPORT:
Maintenance updates, upgrades and any support in relation to the Software may be made available under a separate maintenance and support agreement. However, if maintenance updates or upgrades of the Software are made available without such separate agreement these shall be governed by the terms of this EULA.
7. LIMITATION OF LIABILITY:
CANON PRODUCTION PRINTING’S, ITS AFFILIATES’, RESELLERS’ OR SUPPLI-ERS’ OVERALL LIABILITY UNDER THIS EULA IS LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU SEPARATELY FOR THE SOFTWARE OR EUR 500,00=. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CON-TRACT, OR OTHERWISE) SHALL CANON PRODUCTION PRINTING, ITS AFFILI-ATES RESELLERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL COLLATERAL OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY OUT OF OR RELATED TO THE USE OF OR INABIL-ITY TO USE THE SOFTWARE, DATA LOSS OR BREACH OR LOST PROFITS, RE-LATED TO THE SOFTWARE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CANON PRODUCTION PRINTING OR ITS AFFILIATES, SUPPLIERS OR RE-SELLERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAM-AGES OR OF ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
None of the Software and/or the Documentation or underlying information or technology may be exported or re-exported to any individual, entity or country for use for any purpose prohibited by, or in violation of applicable export or import laws or regulations of the Unit-ed States and other countries. By using the Software and/or the Documentation, you are agreeing to the foregoing and you are representing and warranting that you are not (i) lo-cated in, under the control of, or a national or resident of any country or (ii) an entity or person, to which goods are embargoed by the appropriate government agency or export authorities.
You are responsible for paying to the appropriate taxing authorities any sales, use or oth-er taxes imposed at any time whatsoever on any use contemplated by this EULA, exclud-ing any taxes based on the net income of Canon Production Printing.
10. GOVERNING LAW AND JURISDICTION:
This EULA shall be governed by, interpreted and construed in accordance with the law of the Netherlands, excluding that body of law known as conflicts of law and the United Na-tions Convention on Contracts for the International Sale of Goods. Any disputes arising out of or in connection with this EULA shall be exclusively settled by the competent court in Amsterdam, the Netherlands.
11. ENTIRE AGREEMENT; AMENDMENT:
This EULA (including any addendum or amendment to this EULA) constitutes the entire agreement between you and Canon Production Printing relating to the Software and the Documentation and supersedes in its entirety any and all written or oral agreements, un-derstandings, representations or warranties with respect to the Software and the Docu-mentation, or any other subject matter covered by this EULA. However, this EULA, in-cluding without limitation its termination, has no effect on any signed confidentiality agreements or support and/ or maintenance agreements in respect to the Software and Documentation signed between you and Canon Production Printing that remain in full force and effect as separate agreements according to their terms. To the extent of any conflict or inconsistency between the provisions of this EULA and the terms or conditions contained in any purchase order, acknowledgement, invoice or other ordering document, the terms of this EULA shall govern.
Canon Production Printing reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this EULA and to impose new or additional rules, policies, terms, or conditions on your use of the Software and Documentation. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this EULA as "Additional Terms") will be effective immediately and incorporated into this EULA.
To the extent the terms of any Canon Production Printing policies or programs for support and maintenance services conflict with the terms of this EULA, the terms of this EULA shall govern.
If any of the terms of this EULA are determined to be invalid or unenforceable by the court of competent jurisdiction, it shall not invalidate the rest of this EULA, which shall remain in full force and effect as if such terms had not been a part of this EULA. In such a case such provision shall be replaced by another provision approaching to the extent possible the same meaning as the ineffective provision.
13. U.S. GOVERNMENT RIGHTS:
The parties acknowledge and agree that the Software may be "commercial computer software", as that term is defined in the Federal Acquisition Regulations ("FAR") and, therefore, that the U.S. Government (if a party) is subject to sections12.211 and 12.212 thereof and its use, duplication and disclosure of the Software and the Documentation is governed by, and subject to, this EULA. If, for any reason, such sections are not applica-ble, the parties hereby acknowledge and agree that the U.S. Government shall have "re-stricted rights" as defined in FAR sections 52.227-19(c) or DFARs sections 252.227-7013(c), as applicable. The contractor/manufacturer is Canon Production Printing, Van der Grintenstraat 10, 5914 HH, the Netherlands.
No delay or failure of Canon Production Printing to exercise any right or remedy will oper-ate as a waiver of such right or remedy.
Your rights in and to the Software and the Documentation may not be assigned, licensed or transferred in any way, by operation of law or otherwise, without the prior written con-sent of Canon Production Printing. Canon Production Printing may assign its rights or ob-ligations to its corporate affiliates at any time and to other parties without your consent.
16. REMOTE ACCESS; NOTICE OF DATA COLLECTION; CLOUD SERVICES
The Software may contain diagnostic software. Diagnostic software is embedded in, re-sides on, or may be loaded into your Canon Production Printing imaging device(s). Such software is used for supporting, maintaining and/or diagnosing failures or performance of your Canon Production Printing imaging device(s). It also enables remote access to your Canon Production Printing imaging device(s) from other devices to execute such func-tionalities. You entitle Canon Production Printing and its suppliers to access your compu-ting device(s) from other (external) devices and to execute sessions using remote desk-top or similar technologies. A “session” means the experience of interacting with the Software used in or for your computing device(s), directly or indirectly, through any com-bination of input, output and display peripherals.
You acknowledge and agree that Canon Production Printing and its suppliers may collect, combine and use non-personal device and (individual) user information and data you provide in relation to support and maintenance services related to the Software.
Title to the diagnostic software and any information and data collected and retrieved or received from your computing device(s) remain at all times solely at Canon Production Printing, its affiliates and/or its suppliers.
Any Cloud Services that may be offered to and, upon your acceptance, used by you, and any Software that includes such services, may be subject to separate Cloud terms. Such terms may be furnished to you together with an offer for Cloud Services. However, if the Software that includes Cloud Services is made available without such separate terms, then the terms of this EULA shall apply accordingly.
17. AUTHORITY TO CONTRACT
You represent that you are a person of full age in your state or country and, if applicable, your employer has duly authorized you to enter this EULA.
Sections headings are provided for convenience of reference only and shall not constitute a part of this EULA for any other purpose or be given any substantive effect whatsoever.
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