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Canon imageCLASS MF753Cdw Multifunction Wireless Color Laser Printer User Manual

Page 761

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PURPOSE OR COMPLETENESS THEREOF, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY

CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SERVICES, (2) THAT THE SERVER THAT MAKES THE SERVICES

AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR

COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE

USE THE SITE, (3) THAT CANON U.S.A. WILL CONTINUE TO PROVIDE THE SERVICES OR, IF IT DOES CONTINUE TO

PROVIDE THE SERVICES, THAT THE SERVICES WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR

THAT THE SERVICES WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR CONTENT OR

COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SERVICES FOR ANY PARTICULAR AMOUNT OF TIME.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, CANON U.S.A.'S NEGLIGENCE OR GROSS

NEGLIGENCE, WILL CANON U.S.A., ANY ENTITY WITHIN THE CANON GROUP, OR ANY OTHER PARTY INVOLVED IN

CREATING, HOSTING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO OR USE

OF,THE SERVICES, YOUR INABILITY TO ACCESS OR USE THE SERVICES, YOUR RELIANCE ON OR USE OF INFORMATION

OR SERVICES PROVIDED ON OR THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS,

INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE

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OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED

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LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

CANON U.S.A. DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW.

CANON U.S.A. ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT

MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON

ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY

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LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL CANON U.S.A.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,

LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,

IF ANY, FOR ACCESSING THE SERVICES.

14. INDEMNIFICATION

You agree to indemnify, defend and hold Canon U.S.A., Canon Group, and all of their respective agents, directors,

officers, employees, information providers, licensors and licensees (collectively "Indemnified Parties") harmless from

and against any and all liability and costs and expenses (including, without limitation, attorneys' fees and costs),

incurred by the Indemnified Parties in connection with your use of the Services or any claim in connection with or

resulting from any breach by you of these Terms of Use. You agree to cooperate fully in Canon U.S.A.'s defense of any

such claim. You agree that Canon U.S.A. shall be entitled to select its own counsel, at your expense, to defend it in

connection with any claim subject to indemnification by you. You agree that Canon U.S.A., and not you, will have

control over the defense of any such claim. You further agree that you will not in any event settle any matter involving

Canon U.S.A., whether or not the settlement binds or is on behalf of Canon U.S.A., without the written consent of

Canon U.S.A.

15. TERMINATION

Canon U.S.A. may terminate these Terms of Use and/or suspend or terminate your access to the Services for any

reason at any time without notice to you. If you wish to discontinue your access to the Services and cancel any account

that you have been issued, please refer to the supplemental terms of that particular subsite or service. Otherwise,

applicable sections of these Terms of Use shall survive any termination of your account or these Terms of Use. In

particular, because the licenses you grant to us are perpetual, these licenses survive any termination of this

agreement.

16. APPLICABLE LAWS

The UGW2 is administered by BICG from its offices in Melville, New York, United States of America. These Terms of Use

and the Other Agreements are governed and interpreted under the laws of the State of New York. You agree that any

claim or dispute against Canon U.S.A. arising out of or relating to the use of the Services must be resolved by a court

located in the Eastern District of New York, unless otherwise agreed upon by all parties. Any claim or cause of action

arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action

arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within

such one (1) year period, such claim or cause of action shall be forever barred.

17. GENERAL PROVISIONS

These Terms of Use and the Universal Gateway 2 Website Privacy Statement set forth the entire understanding and

agreement between you and BICG with respect to the Services. You acknowledge that any other agreements between

you and BICG with respect to the Services are superseded and of no force or effect. If any provision of these Terms of

Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of

Appendix

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