iiNEITHER CANON, NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERS SHALLHAVE ANY OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY ATHIRD PARTY ALLEGING THAT THE SOFTWARE OR THE USE THEREOF INFRINGES ANYINTELLECTUAL PROPERTY OF SUCH THIRD PARTY.SOME STATES, PROVINCES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFIMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCEON THE PART OF THE SELLER, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLYTO YOU.5. TERM: This Agreement is effective upon your using the SOFTWARE and remains in effect untilexpiration of all copyright interests in the SOFTWARE unless earlier terminated. You may terminate thisAgreement by destroying the SOFTWARE. This Agreement will also terminate without notice to you ifyou fail to comply with any of the terms of this Agreement and you must then promptly return theSOFTWARE. In addition, Canon may enforce its other legal rights.6. 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 227.72024 (June 1995), all U.S. Government End Users shall acquire theSOFTWARE with only those rights set forth herein. Manufacturer is Canon Inc./30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan.7. EXPORT RESTRICTIONS: You agree to comply with all export laws and restrictions and regulations ofthe country involved, and not to export or re-export, directly or indirectly, the SOFTWARE in violation ofany such laws and restrictions and regulations, or without all necessary approvals.8. SEVERABILITY:In the event that any provision of this Agreement is declared or found to be illegal by any court ortribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdictionof that court or tribunal and all the remaining provisions of this Agreement shall remain in full force andeffect.9. CONTROLLING LAW: The terms of this Agreement as it relates to purchases of the Software in theUnited States of America shall be governed and construed in all respects in accordance with the lawsand regulations of the State of New York, without reference to choice of law principles. The terms ofthis Agreement as it relates to purchases of the Software in Canada shall be governed by the laws ofthe province of Ontario.10.OWNERSHIP: All rights, including but not limited to copyrights and trade secret rights, to theSOFTWARE belong to Canon, its affiliated corporations and third party licensors. Your use of theSOFTWARE is subject to the laws of the United States, and Canada, and other applicable copyright andtrademark laws, and nothing in this Agreement constitutes a waiver of the rights of Canon, its affiliatedcorporations and third party licensors under such laws. You only own the CD-ROM media in which theSoftware is stored. Except as expressly provided herein, no license or right, express or implied, is herebyconveyed or granted by Canon to you for any intellectual property of Canon. Nothing contained inParagraph 1 shall be construed to give Canon any ownership rights in any images, graphics or textualmaterial that you save in connection with the Software.You may not modify, remove or delete any or all copyright notices (i) which are contained in theSoftware, including any copy thereof, and (ii) which are on the original CD-ROM and on the medium ofa back-up copy made pursuant to Section 2 above.11.ACKNOWLEDGEMENT: BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVEREAD THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS ANDCONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVESTATEMENT OF AGREEMENT BETWEEN YOU AND CANON CONCERNING THE SUBJECT MATTERHEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN,AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECTMATTER HEREOF. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNEDBY A DULY AUTHORIZED OFFICER OF CANON.