READ CAREFULLY BEFORE USING
CANON U.S.A., INC. SOFTWARE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE USING. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
This End-User License Agreement (the "License") is a legal contract between You, a single individual user ("You" or "Your"), and Canon U.S.A., Inc. ("Canon USA"). It applies only to the following item of software (hereinafter referred to as the "Profile Software"):
ICC profiles (the "Profiles") and installation guide (the "Installation Guide") found on the Canon USA website www.usa.canon.com (the "Website").
The Profiles are designed to be used with select Canon USA wide format printers (the "Printers") specified on the Installation Guide which is viewable from the download page on the Website for the Profiles and incorporated herein by reference. The Installation Guide explains how to install and use the Profiles for those Macintosh and Windows operating systems specified on the Installation Guide.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS OF THE LICENSE, DO NOT INSTALL, COPY OR USE THE PROFILE SOFTWARE; OTHERWISE, YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS.
1. LICENSE. Canon USA hereby grants to You a non-exclusive, non-transferable license to use the Profile Software available via download on the Website and in accordance with the terms and conditions of this License. The Profile Software was created by Canon USA pursuant to a separate Software License Agreement with X-Rite, Inc. ("X-Rite"), a successor in interest to Gretag-Macbeth AG (the "X-Rite License"). The Profile Software is designed to be loaded on your computer and used with the Printers. The Profile Software and Installation Guide are owned by Canon U.S.A., Inc., except for that portion of the Profile Software constituting the software obtained under the X-Rite License and are protected by United States copyright laws and international treaty provisions.
2. USE LIMITATIONS. This License authorizes You to use the Profile Software as follows:
The Profile Software is for Your individual use only and not for license or other distribution or transfer to third parties. You may not modify, decompile, disassemble, reverse engineer or create derivative works of the Profile Software.
For the purpose of this License, "use" means loading the Profile Software, as well as installation on your computer in connection with the Printers.
3. X-RITE LICENSE. Canon USA advises You and You acknowledge that the Profile Software has associated with it certain components owned by X-Rite ("X-Rite Components"). Canon USA has the right to make these available to you subject to the terms of the X-Rite License, attached hereto and incorporated herein as Exhibit 1. Canon USA has obtained the rights necessary from X-Rite in order for Canon USA to license You the Profile Software in accordance with the terms hereof notwithstanding any provision to the contrary in the X-Rite License Agreement. You must comply with those terms of the X-Rite License that apply to all end users of the X-Rite software. If you cannot agree to the terms of the X-Rite Agreement, click the button that indicates you cannot accept the terms of this License and You cannot install, copy or otherwise use the Profile Software.
4. TERM. This License is effective upon your use of the Profile Software and will continue in effect with respect to each computer on which the Profile Software is loaded in accordance with this license unless and until earlier terminated either (a) by You at any time by notifying Canon USA in writing and, (b) automatically, upon Your failure to comply with any term or condition of this License. Upon termination, You agree to destroy all copies of the Profile Software and Installation Guide in your possession and to remove all copies of the Profile Software from your computer.
5. LIMITATION OF WARRANTIES. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PROFILE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION AND USE OF, AND RESULTS OBTAINED FROM, THE PROFILE SOFTWARE. CANON USA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROFILE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROFILE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE PROFILE SOFTWARE AND INSTALLATION GUIDE ACCESSIBLE VIA THE CANON USA WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER CANON USA NOR X-RITE MAKES, AND YOU RECEIVE, NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PROFILE SOFTWARE, THE INSTALLATION GUIDE OR THE DOWNLOAD OF ANY OF THE FOREGOING, ALL OF WHICH ARE PROVIDED "AS IS." ANY X-RITE COMPONENTS ASSOCIATED WITH THE PROFILE SOFTWARE IS ALSO PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
6. LIMITATION OF LIABILITY. NEITHER CANON USA NOR X-RITE SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR LOST PROFITS) PERTAINING IN ANY WAY TO THE PROFILE SOFTWARE, THE DOCUMENTATION, OR ANY MEDIA, OR TO ANY OF CANON USA'S OBLIGATIONS UNDER THIS LICENSE, EVEN IF CANON USA OR X-RITE HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
7. GENERAL. This License (including the Exhibit) is the complete and exclusive statement of the agreement between you and Canon USA, and this license supersedes any prior proposal, agreement, or communication, oral or written, pertaining to the subject matter of this License. This License shall be governed by the laws of the State of New York and of the United States of America, except to the extent an the X-Rite License states a different governing law and you are required to comply with that governing law provision.
SOFTWARE LICENSE AGREEEMENT
IMPORTANT READ CAREFULLY:
This End-User License Agreement ("Agreement") is a legal contract between You, a single individual user ("You") and X-Rite, Inc. as successor in interest to Gretag-Macbeth AG, Regensdorf, Switzerland ("X-Rite") for the ProfileMaker 5 software, which encompasses all material and software accompanying this Agreement, including computer software, the associated printed material, readme file, the online help, and any other accompanying information and documentation (collectively, "Software"). By clicking the acceptance button, installing, or otherwise using the Software, You are consenting to be bound by the terms of this Agreement. If You do not agree to all of the terms of this Agreement, X-Rite is not willing to license the Software to You. If You do not agree to be bound by the terms of this Agreement, click the button that indicates You do not accept its terms, do not install, copy, or otherwise use the Software.
1. Software License
a) Grant of License. X-Rite hereby licenses to the extent described below the use of, but does not sell the Software to You. You acknowledge that You do not acquire any rights of ownership or title in the Software. You own the media and the dongle, if any, on which the Software resides and is copy-protected, respectively, but X-Rite retains all right, title and interest in and to the Software, which is the subject of copyright, trade secret, trademark and patent rights, among other intellectual property and proprietary rights ("Proprietary Rights").
b) Restricted use. X-Rite hereby grants You under all its Proprietary Rights the personal, non-exclusive right to install and use the Software for its intended purpose in connection with ICC-Profiles, in particular the creation thereof on a single personal computer or workstation and to make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on any such copy the copyright notices and any other proprietary legends that were on the original copy of the Software. X-Rite grants no rights or license of any kind to the Software to You other than those expressly granted above.
c) Additional Specified Restrictions. For the avoidance of doubt, the limited license to use the Software granted above places in particular the following limitations and restrictions on Your use of the Software.
i) Reverse Engineering and Decompilation. You understand and acknowledge that the codes, structures, methods and other elements comprising the software are confidential to and trade secrets of X-Rite. Accordingly, You may not disassemble, decompile, reverse engineer or otherwise attempt to create or derive source codes for the computer program comprising the Software or reduce such programs of any of their component structures, algorithms or other elements to a human-perceivable form. You may not modify or translate any part of the Software.
ii) No other Use. Except as expressly permitted in Section 1(a) above, You may not disclose, distribute, modify, make or have made any copies of the Software, in whole or in part, nor sell, rent, lease, license or lend the Software without the prior written authorization of X-Rite.
iii) Multiple installation / Single Use at the time. The Software may be used by You on one single personal computer or workstation at the time. Specifically, You may install the Software on more than one computer at Your premises or at Your home at a time, however, the use of the Software must always be connected with the use of the dongle provided by X-Rite. You are not permitted to circumvent the protection given by the dongle. Furthermore, it is not allowed to use the Software or to network the Software to multiple computers or terminals without first obtaining an expanded license from X-Rite to cover such additional users and computers. X-Rite may replace the dongle by any other means of protection without previous announcement
2. Use of Profiles
a) The Software is licensed for use only as follows:
(i) To create profiles on the specific input or output device that You own or otherwise possess and for which they were created ("Your Device"). You may make these profiles available to third parties only in circumstances in which the third party will be optimizing images that have been created on, or will be output on, Your Device, provided that Your Device continues to be owned by You or in Your possession at such time that a profile is made available to such third party; or
(ii) to create profiles by using reference characteristic data which are publicly and without consideration provided by professional or trade associations like standardization institutes to be used for their intended purpose; or
(iii) to create a profile, as part of Your providing a profiling service, for a specific input or output device owned by a third party for use by that third party on such device.
b) No Distribution of generic profiles. This Agreement does not grant You the right to distribute or embed created profiles, also not under Your private label, into any software, devices or consumables like paper that You manufacture, market or distribute to third parties. If You wish to create profiles for this purpose, You will need a separate license. With regard to generic profiles created by non-profit organizations like the ECI, X-Rite is however prepared to permit to embed such profiles into any software, devices or consumables to be distributed commercially by an agreement on a case by case basis. For information on a separate license, You may contact GISUPPORT@XRITE.COM.
3. Copyrights, Trademarks and Patents
The marks "Eye-One", "Spectrolino", "SpectroScan", "SpectroEye", "SpectroMat", "iCPlate", "KeyWizard", "SpectroChart", "iCPrint", as well as the GretagMacbeth logo are trademarks or registered trademarks of X-Rite or its affiliated companies. The technology in this product is covered by European patents, with additional U.S. and international patents pending. The Software, including, without limitation, any images, and text incorporated therein as well as the ICC-Profiles created by You are the subject of international copyright protection. This Agreement grants You no other rights, licenses, or interests of any kind in or to such copyright, trademarks and patents, other than as granted herein. You agree that You will assert no other rights, licenses or interests other than those granted herein or otherwise challenge X-Rite or X-Rite's affiliated companies exclusive ownership of such copyrights, trademarks and patents.
4. Duty to Inform. You agree to make reasonable efforts to notify and inform everyone having access to the Software or the computer on which it is installed of all the applicable restrictions limiting use of the Software, as well as Your other duties and obligations under this Agreement. You agree to provide notice to X-Rite immediately after learning of or having reason to suspect a breach of any of the restrictions set forth in this Agreement.
5. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by returning to X-Rite any disks, CDs and any associated dongles as well as the associated documentation or other copies of the Software under Your control, together with written notice of Your intent to terminate this Agreement. If You fail to comply with any provision of this Agreement, this Agreement will automatically and immediately terminate without notice from X-Rite or the requirement of any other action by X-Rite. Upon termination by X-Rite, You must destroy or return to X-Rite all copies of the Software in Your control.
6. Improvements. You agree that X-Rite may, on a non-exclusive basis, use for any purpose, in any media now known or hereafter devised, all suggestions, improvements, and any other information, ideas, concepts, know-how, works of authorship, and inventions (including corrections to problems with the Software, whether written or oral) (collectively, "Improvements") developed by You during the term of this Agreement. You will promptly notify X-Rite of all such Improvements without any duty of accounting or other compensation by X-Rite.
7. Government Licensee. If You are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government acknowledges X-Rite's representations that (a) the Software was developed at private expense, contains information that is confidential and proprietary to X-Rite, is a trade secret and is copyrighted; and (b) the Software is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations ("FAR") and is "Commercial Computer Software" as that term is defined in the Department of Defense Federal Acquisition Regulation Supplement ("DFARS"). The Government agrees that if the Software is supplied to the Department of Defense ("DoD"), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "limited rights" in the Software as that term is defined in Clause 252.227-7013(a)(13) of the DFARS. If the Software is supplied to any unit or agency of the United States Government other that DoD, the Government agrees that the Software is classified as "Restricted Computer Software" and the Government's rights in the Software will be as defined in Clause 52.227-19(c)(2) of the FAR.
8. No Warranties. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND. X-RITE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE; AND ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), TRADEMARK(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. X-RITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL OR CAN BE CORRECTED. FURTHERMORE, X-RITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY X-RITE OR X-RITE'S AUTHORIZED REPRESENTATIVE OR ANY REPRESENTATION MADE BY X-RITE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL X-RITE BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF X-RITE OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR SUCH DAMAGES WERE CAUSED BY X-RITE'S NEGLIGENCE. IN NO EVENT SHALL X-RITE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
a) If You are in a country outside of North America, the material laws of Switzerland shall govern the interpretation and enforcement of this Agreement. If You are in North America, the material laws of the State of New York shall govern the interpretation and enforcement of this Agreement.
b) If any term or provision of this Agreement or application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than that which is held to be unenforceable or invalid, shall not be affected thereby, and each such term and provision shall be valid and be enforced to the full extent permitted by law.
c) This Agreement constitutes the entire understanding of the parties with respect to the Software and supersedes all prior and contemporaneous agreements, understandings, representations, warranties, promises and other communications of any kind, whether written or oral, between the parties with respect to the Software. No alteration, modification, variation or waiver of this Agreement, or any of the provisions hereof shall be effective unless executed by both parties in writing.
Canon's standard profiles were built to exacting color standards with X-Rite professional color management technology, including X-Rite ProfileMaker 5 software, and i1iSis and i1iO automated chart readers.
These profiles will provide good color fidelity from your Canon printer. If you need the next level of color management, the ability to create custom profiles which more exactly represent your devices, ink and media, then visit X-Rite's website http://www.xrite.com/photo for a complete set of color management solutions.