Canon 9540A003 - Optura 400 Camcorder Instruction Manual

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3EEXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH 4, CANON, CANON’SSUBSIDIARIES, DISTRIBUTORS AND DEALERS DISCLAIM ALL WARRANTIES, ORCONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESOFTWARE.NEITHER CANON NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERS ISLIABLE FOR ANY DAMAGES HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION,DIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE INCLUDING LOSS OFPROFITS, EXPENSE OR INCONVENIENCE HOWSOEVER CAUSED OR ARISING OUT OFTHE SOFTWARE OR THE USE THEREOF.NEITHER CANON, NOR ANY OF CANON’S SUBSIDIARIES, DISTRIBUTORS OR DEALERSSHALL HAVE ANY OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUITBROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR THE USE THEREOFINFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.SOME STATES, PROVINCES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOF IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATHRESULTING FROM NEGLIGENCE ON THE PART OF THE SELLER, SO THE ABOVEDISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO 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 mayterminate this Agreement by destroying the SOFTWARE. This Agreement will also terminatewithout notice to you if you fail to comply with any of the terms of this Agreement and youmust then promptly return the SOFTWARE. In addition, Canon may enforce its other legalrights.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 softwaredocumentation,” as such terms are used in 48 C.F.R. 12.212 (Sept 1995). Consistent with 48C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.72024 (June 1995), all U.S. GovernmentEnd Users shall acquire the SOFTWARE with only those rights set forth herein. Manufacturer isCanon 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 andregulations of the country involved, and not to export or re-export, directly or indirectly, theSOFTWARE in violation of any such laws and restrictions and regulations, or without allnecessary approvals.8. SEVERABILITY:In the event that any provision of this Agreement is declared or found to be illegal by any courtor tribunal of competent jurisdiction, such provision shall be null and void with respect to thejurisdiction of that court or tribunal and all the remaining provisions of this Agreement shallremain in full force and effect.9. CONTROLLING LAW: The terms of this Agreement as it relates to purchases of the Softwarein the United States of America shall be governed and construed in all respects in accordancewith the laws and regulations of the State of New York, without reference to choice of lawprinciples. The terms of this Agreement as it relates to purchases of the Software in Canadashall be governed by the laws of the province of Ontario.