Instruction manual

3
E
Canon, Canon’s subsidiaries and affiliates, their distributors and dealers do not warrant that the functions
contained in the Software will meet your requirements or that the Software will be free from defects or viruses or
that the operation of the Software will be uninterrupted or error free. Canon does not warrant that any data
transfer through the internet using the Software will be complete or accurate.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THE SOFTWARE IS SOLD “AS IS” AND CANON AND
ITS SUPPLIER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY AND, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY
Your sole and exclusive remedy for any damage or loss in any way connected with the Software, whether by
Canon’s breach of any express or implied warranty, negligence or any breach of any other duty shall be, at
Canon’s your option, repair or replacement of the Software or a refund of the cost of the Software.
OTHER THAN AS STATED ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANON,
CANON’S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS SHALL NOT BE LIABLE FOR ANY
LOSS OR DAMAGES WHATSOEVER (WHETHER KNOWN, FORESEEABLE OR OTHERWISE) INCLUDING, WITHOUT
LIMITATION, ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF CONFIDENTIAL
OR OTHER BUSINESS INFORMATION, LOSS OF DATA, LOSS OF PRIVACY, , AND FOR ANY PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE WHETHER ARISING OUT OF TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE EVEN IF CANON, CANON’S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in this Agreement shall be taken as limiting or excluding Canon’s liability to you for death or personal
injury caused by Canon’s negligence or for fraudulent misrepresentation or arising as a result of Part I of the
Consumer Protection Act 1987.
NOTHING IN THIS AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
8. TERM AND TERMINATION
This Agreement is effective upon your acceptance hereof by clicking the “YES” button below and remains in
effect until terminated in accordance with this clause 8. You may terminate this Agreement at any time by
destroying the Software including any and all copies thereof. This Agreement shall also terminate automatically if
you fail to comply with any terms of this Agreement. In the event that this Agreement terminates as a result of
your failure to comply with this Agreement and without prejudice to Canon’s legal rights, you must promptly
destroy the Software including any and all copies thereof. Notwithstanding the foregoing, Sections 4, 6 through
to 11 shall survive any termination hereof.
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. ACKNOWLEDGMENT
YOU 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 COMMUNICATIONS BETWEEN YOU AND CANON
RELATING TO THE SUBJECT MATTER HEREOF.
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 BRACH OF CONTRACT AS PROVIDED FOR IN THIS AGREEMENT.
11. GOVERNING LAW
This Agreement shall be governed by, and interpreted in accordance with, the laws of England and Wales. The
courts within England and Wales shall have exclusive/non-exclusive jurisdiction to adjudicate any disputes arising
out of or in connection with this Agreement. Both parties specifically consent to the exercise of personal
jurisdiction by such courts.