Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

END USER LICENSE AGREEMENT

ATTENTION: PLEASE READ THIS DOCUMENT BEFORE INSTALLING THE LICENSED SOFTWARE.

This is a license agreement (“Agreement”) between you (either an individual or an entity) and Canon
Inc., having its place of business at 30-2 Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan
("Canon"), with respect to (i) software programs provided to you with this Agreement, its associated
electronic or online manuals, and updates thereof, if any (collectively, the "Software"), (ii) additional data
for the Software or Canon’s inkjet printers (“Printers”) or updates to firmware for the Printers, provided
online using the Software (“Data Updates”), and (iii) text, images, graphics and other visual
representations in digital format (excluding the Software) for your printing use, provided with this
Agreement or provided online using the Software, and updates thereof, if any ("Contents Data").
Software, Data Updates and Contents Data shall hereinafter be referred to individually or collectively as
the "Licensed Software".

BY CLICKING THE BUTTON PROVIDED WITH THIS AGREEMENT INDICATING YOUR ACCEPTANCE OF
THIS AGREEMENT, OR OTHERWISE INSTALLING THE LICENSED SOFTWARE YOU AGREE TO BE BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DO NOT CLICK THE FOREGOING BUTTON AND PROMPTLY CLOSE THE INSTALLATION PROGRAM. THE
LICENSED SOFTWARE WILL THEN NOT BE INSTALLED AND YOU WILL HAVE NO RIGHT TO USE IT. You
agree to use the Licensed Software only in accordance with the terms set forth below.

1. Ownership and Copyright: All right, title and interest in the Licensed Software is owned by Canon or
its licensors. Canon or its licensors shall at all times retain all copyright and other intellectual property
rights in the Licensed Software and all subsequent copies thereof regardless of form, including the Print
(as defined below). Except as expressly provided herein, no license or right, express or implied, is hereby
conveyed or granted by Canon to you for any intellectual property of Canon and its licensors. You shall
not modify, remove or delete any copyright notice of Canon and/or its licensors contained in the Licensed
Software and all subsequent copies thereof regardless of form.

2. License: Your license to use the Licensed Software is non-exclusive and non-transferable:

(1) You are permitted to use the Software ("use" shall mean installing, executing or displaying the
Software) on your multiple computers for your own personal use. You shall not rent, lease, sublicense,
loan, sell, assign, convey, and transfer the Software.

(2) You are permitted to use the Data Updates ("use" shall mean installing, executing or displaying the
Data Updates) on your multiple computers or Printers for your own personal use. You shall not rent,
lease, sublicense, loan, sell, assign, convey, and transfer the Data Updates.

(3) You are permitted to copy and use the Contents Data ("use" shall mean downloading via the internet
using the Software, installing, executing or displaying the Contents Data) on your multiple computers for
your own personal use. You shall not rent, lease, sublicense, loan, sell, assign, convey nor transfer the
Contents Data. You are also permitted to print the Contents Data and to use, have used, copy, have
copied and distribute such prints (“Print”) for your own non-commercial purposes. You shall not use,
have used, copy, have copied nor distribute the Print for commercial purposes. Canon shall not be liable
for your use of the Print, nor any claim and suit against you arising from or in any way related to the use
of the Print, including any liability or expense arising from all claims, losses, damages, suits, judgments,
litigation costs and attorneys' fees.

(4) You are permitted to make a reasonable number of back-up copies of the Licensed Software in
support of the permitted use, provided that all such copies include the Canon copyright notice as it
appears in the original copy of the Licensed Software provided to you.

Except as expressly provided herein, you shall not rent, lease, sub-license, loan, sell, assign, convey,
transfer, copy, reproduce, modify, adapt, merge, translate, convert to another programming language,
reverse-engineer, decompile, alter, disassemble or create derivative works based in whole or in part on
the Licensed Software, nor permit any third party to do so, or to use the Licensed Software, except as
expressly permitted by this Agreement and except to the extent and in the circumstances expressly
permitted by law.

file:///D/DOWNLOAD/qm__-win-2_8_5a-ea31_2/Res/EULA/AS_English.txt[08.07.2024 20:19:58]
3. Acknowledgement of Transmission of Information: You expressly acknowledge and agree that (i)
some Software may transmit information such as name and serial number of the Printers you use, type of
the Software, language setting, ink information, Printer condition, region and type of OS/browser
(provided that the transmitted information does not include your personal information), in order to
provide you with information and data best suited to your printer environment when you access servers
of Canon or any third party designated by Canon; and that (ii) Canon, its subsidiaries and affiliates, and
their respective distributors and dealers may analyze and use such information for its product
development and services.

4. Export Restriction: You agree to comply with all export laws and restrictions and regulations of each
country involved, as well as with the U.S. Export Administration Regulations ("EAR"), and not to export or
re-export, directly or indirectly, the Licensed Software in violation of such laws, restrictions and
regulations, or without all necessary approvals.

5. Termination: This Agreement is effective when you click the button provided with this Agreement
indicating your acceptance of this Agreement or otherwise upon installation of the Licensed Software, and
remains in effect until terminated. You may terminate this Agreement by destroying the Licensed
Software including any and all copies (excluding the Data Updates installed on the Printers). This
Agreement may also be terminated if you fail to comply with any of its terms and conditions. Upon
termination for any reason whatsoever, you shall immediately destroy all copies of the Licensed Software
including any Licensed Software stored on the hard disk of any computer in your possession, power or
control, but excluding the Data Updates installed on the Printers. In addition, Canon is entitled to
exercise any contractual or legal rights, powers or remedies it may have. Notwithstanding the foregoing,
Sections 1, 3, 5 through 9 shall survive any termination hereof.

6. Support and Update: Canon, its subsidiaries and affiliates, and their respective distributors and dealers
and Canon’s Licensors, are not responsible for maintaining or assisting your use of the Licensed Software.
Canon, its subsidiaries and affiliates, and their respective distributors and dealers and Canon’s Licensors,
are not obligated to provide any updates, fixes or support to the Licensed Software unless otherwise
expressly agreed in writing between you and any of the above entities.

7. LIMITED WARRANTY: THE LICENSED SOFTWARE IS LICENSED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES AS TO MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY RIGHT, TITLE AND INTEREST, INCLUDING WITHOUT LIMITATION,
INTELLECTUAL PROPERTY.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH
YOU. SHOULD THE LICENSED SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CANON, ITS
SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE DISTRIBUTORS AND DEALERS AND CANON’S
LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE OR JURISDICTION TO JURISDICTION.

CANON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. However, if the Licensed Software is provided on a medium, such as
a CD-ROM, Canon warrants the medium on which the Licensed Software is stored to be free from defects
in materials and workmanship under normal use for a period of ninety (90) days from the date when you
obtained the same as evidenced by a receipt or by other means acceptable to Canon.

CUSTOMER REMEDIES: Canon, its subsidiaries and affiliates, their respective distributors and dealers and
Canon’s licensors' entire liability and your exclusive remedy shall be the replacement of the medium not
meeting the LIMITED WARRANTY and which is returned to Canon's local sales subsidiary operating in the
country where you obtained the Licensed Software with a copy of the receipt or by other means
acceptable to Canon. The LIMITED WARRANTY does not apply if failure of the medium resulted from
accident, abuse or misapplication of the Licensed Software and shall not extend to anyone other than the

file:///D/DOWNLOAD/qm__-win-2_8_5a-ea31_2/Res/EULA/AS_English.txt[08.07.2024 20:19:58]
original user of the Licensed Software.

8. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY
WARRANTY MADE TO YOU AND IT IS PROVIDED IN LIEU OF ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW,
TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW.

9. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL


EITHER CANON, ITS SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DISTRIBUTORS AND DEALERS
OR CANONS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL SPECIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS
INFORMATION), WHETHER OR NOT CANON, ITS SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE
DISTRIBUTORS AND DEALERS OR CANONS LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY EVENT, THE ENTIRE LIABILITY OF CANON, ON BEHALF OF ITSELF AND ITS
SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE DISTRIBUTORS AND DEALERS AND ANY OF
CANONS LICENSORS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE SHALL BE
LIMITED TO FIVE US DOLLARS (US$5.00) OR THE EQUIVALENT AMOUNT IN THE RELEVANT LOCAL
CURRENCY.

NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.

10. General: This Agreement constitutes the entire agreement between you and Canon with respect to
the Licensed Software and supersedes any prior oral or written representations, agreements or
understandings with respect to the Licensed Software. 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 breach of contract as provided for in this
Agreement.

If at any time any part of this Agreement is found by a court of competent jurisdiction to be wholly or
partly illegal, invalid or unenforceable in any respect under the law of any jurisdiction that fact shall not
affect or impair the legality, validity or enforceability of any other provision of this Agreement.

The failure or delay of Canon in exercising any right, power or remedy under this Agreement shall not in
any circumstance operate as a waiver of such right, power or remedy.

No variation to this Agreement shall be effective unless in writing and signed by an authorized
representative of Canon.

The provisions of this Agreement, in so far as it relates to Canon's subsidiaries and/or affiliates, are
directly enforceable by such Canon's subsidiaries and/or affiliates.

file:///D/DOWNLOAD/qm__-win-2_8_5a-ea31_2/Res/EULA/AS_English.txt[08.07.2024 20:19:58]

You might also like