Assessments - 4, GPA: 4.5
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This legal document is a license agreement between you and CANON ELECTRONICS INC. (“Canon”). BY OPENING THE SEALED DISK PACKAGE, YOU ARE DEEMED TO AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE SEALED DISK PACKAGE AND PROMPTLY RETURN THE CANON SCANNER, THE DISK PACKAGE CONTAINING SCANNER DRIVER SOFTWARE PROGRAMS AND/OR SCANNER UTILITY SOFTWARE PROGRAM PROPRIETARY TO CANON OR ITS LICENSOR (THE “SOFTWARE”) AND THE ACCOMPANYING DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED THEM FOR A REFUND BEFORE THEY ARE USED OR OPENED OR UNPACKED. In consideration of the right to use the SOFTWARE, you agree to abide by the terms and conditions of this Agreement. 1. GRANT OF LICENSE: Canon grants you the personal, non-exclusive right to use the SOFTWARE only on a single computer. You may physically transfer the SOFTWARE from one computer to another provided that the SOFTWARE is used on only one computer at any time. You shall not assign, sublicense, sell, rent, lease, loan, convey or transfer to any third party, or send or bring the SOFTWARE out of the country where you originally obtain it to other countries without required authorization of applicable governments, or copy, duplicate, translate or convert to another programming language the SOFTWARE or accompanying documentation, except as expressly provided herein. Except as expressly permitted under the applicable law, you shall not alter, modify, disassemble, decompile or otherwise reverse engineer the SOFTWARE or accompanying documentation and you also shall not have any third party do so. 2. BACK-UP COPY: You may make one copy of the SOFTWARE solely for a back-up purpose or copy the SOFTWARE onto the permanent storage device (e.g. a hard disk) of your computer and retain the original for a back-up purpose. Except as expressly permitted under the applicable law, any other copying of the SOFTWARE is a violation of this Agreement. You must reproduce and include the copyright notice on the back-up copy. 3. SUPPORT AND UPDATE: Canon, Canon’s affiliate, their distributor or dealer is not responsible for maintaining or helping you to use the SOFTWARE. No updates, fixes or support will be made available for the SOFTWARE. 4. LIMITED WARRANTY AND DISCLAIMER OF INDEMNITY: Canon, Canon’s affiliate, their distributor or dealer will not guarantee uninterrupted service, or absence or correction of errors. Therefore, the SOFTWARE is licensed on an “AS IS” basis without warranty of any kind. The diskette on which the SOFTWARE is recorded is warranted against defective material or workmanship under normal use for a period of ninety (90) days from the date you purchased the same as evidenced by a receipt or otherwise. The limited warranty does not apply if the failure of the diskette resulted from accident, abuse or misapplication of the SOFTWARE and shall not extend to anyone other than the original user of the SOFTWARE. CANON, CANON’S AFFILIATE, THEIR DISTRIBUTOR OR DEALER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE OR ACCOMPANYING DOCUMENTATION. NEITHER CANON, CANON’S AFFILIATE, THEIR DISTRIBUTOR NOR DEALER IS LIABLE FOR ANY LOSS OR DAMAGE INCLUDING CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE SUCH AS LOSS OF PROFITS, EXPENSE OR INCONVENIENCE, WHATSOEVER CAUSED BY OR ARISING OUT OF THE SOFTWARE, ACCOMPANYING DOCUMENTATION OR THE USE THEREOF. CANON, CANON’S AFFILIATE, THEIR DISTRIBUTOR OR DEALER SHALL HAVE NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE, ACCOMPANYING DOCUMENTATION OR THE USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY. THE ABOVE IS CANON’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IN CONNECTION WITH THE SOFTWARE AND ACCOMPANYING DOCUMENTATION. 5. TERM: This Agreement is effective upon opening the sealed disk package and remains in effect until terminated. You may terminate this Agreement by destroying the SOFTWARE and any copy thereof. This Agreement will also terminate if you fail to comply with any of the terms of this Agreement. In addition to Canon enforcing its respective legal rights, you must then promptly destroy the SOFTWARE and any copy thereof. 6. U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE: The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions as set forth in either subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013 or subparagraph (c) (1) and (2) of the Commercial Computer Software Restricted Rights Clause at FAR 52.227-19, as applicable. 7. SEVERABILITY: In the event that 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 t...