Canon Developer Web-Site (“Web-Site”) Terms and Conditions (“terms”)
1. General
1.1 PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEB-SITE. These terms apply to all persons from Your company using the Web-Site (“You”, and “Your”) and by accessing and using the Web-Site You agree that You have read, understood and accepted these terms and will ensure all employees of Your company are aware and observe these terms. BY ACCESSING THE WEB-SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT USE THE WEB-SITE.
1.2 The Web-Site is provided to You by Canon Europa NV whose registered office is at Bovenkerkerweg 59, 1185 XB Amstelveen, the Netherlands and on behalf of its affiliates (in the following “Canon”, “We”, “Our” and “Us”). You will be able to access and obtain information relevant to You, including but not limited to SDKs and other files and their respective licensing agreements (“Canon Materials”) for various developer programmes (the “Programme”).
2 Acceptable Use.
2.1 These terms govern the access and use of the Web-Site and Your access to the Canon Materials and the Programme. The use of the Canon Materials and participation to the Programme may be subject to further terms which you must accept in order to be able to use the Canon Materials and participate to the Programme. You may only use the Web-Site in accordance with these terms and in any event, for lawful and proper purposes and You will comply with all applicable laws, regulations and codes of practice within the jurisdiction/country from which You are accessing the Web-Site. In particular, You agree that You shall not:
2.1.1 use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Web-Site including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
2.1.2 take any action that imposes an unreasonable or disproportionately large load on the Web-Site or associated infrastructure;
2.1.3 copy all or any part of the Web-Site and (save as you may be expressly permitted by relevant licensing agreements) the Canon Materials;
2.1.4 rent, lease, sub-license, loan, translate, merge adapt, vary or modify the Web-Site and (subject to the right to upload materials or otherwise except as expressly permitted by Us in writing) not make alterations to, or modifications of, the whole or any part of the Web-Site nor permit the Web-Site or any part of it to be combined with, or become incorporated in, any other programs; and
2.1.5 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Web-Site nor attempt to do any such things.
3 Registration and Account
3.1 On registration, You shall provide Us with certain business related up to date information, including Your full name, function/role, company/organization and employee e-mail address, all of which must be accurate, truthful and up- to-date. We shall verify Your registration information and upon acceptance of your registration You shall be issued with a User-ID and password. We reserve the right to deny creation of Your account or terminate Your account at any time and for any reason and with no liability and the provisions of clause 11 shall apply.
3.2 You shall be solely responsible for maintaining the confidentiality of Your password. Notwithstanding anything else herein, We reserve the right to pursue any and all claims against You and any user of Your account. Your account is valid only while You are employed by the organization listed on Your initial registration application. You are prohibited from accessing Your account immediately upon termination with that organization.
3.3 You shall notify Us as soon as possible (i) if You are granted access to information which You do not, acting reasonably, believe that You should, due to Your function/role/company/organization, have access to and/or (ii) if You become aware that someone within Your company/organization has been granted access to information which You do not, acting reasonably, believe that they should, due to their function/role, have access to.
4 Confidentiality
4.1 All information and materials including the Canon Materials made available on the Web-Site or provided by Canon to You pursuant to the Programme are, unless otherwise specified, confidential (“Confidential Information”) and as such You shall, subject to clause 4.2:
4.1.1 not disclose any Confidential Information except to such third parties as authorised in writing by Canon; and
4.1.2 take all steps necessary or appropriate to protect any Confidential Information against unauthorised disclosure or use and shall promptly notify Canon of any unauthorised disclosure or use of any Confidential Information and shall take all actions that Canon reasonably requests to prevent any further unauthorised use or disclosure of the same.
4.2 The obligation set out in clause 4.1 shall not apply to the extent, but only to the extent, that any Confidential Information:
4.2.1 becomes generally available to the public through no fault of Yours;
4.2.2 is or has been disclosed to You, directly or indirectly, by any person that is under no obligation of non-disclosure to Canon; or
4.2.3 is required to be disclosed under any applicable law, rule, regulation or governmental order. Before disclosure You shall inform Canon of such disclosure and of which Confidential Information and to what extent it is disclosed and shall co-operate with Canon to seek a maximum protective order or measurement.
5 Changes to the Web-Site
5.1 We may make improvements or changes to the information, services, products and other materials on the Web-Site any such changes shall be subject to these terms. We may terminate the Web-Site, at any time without notice and no liability.
5.2 We may also modify these terms from time to time, and such modification shall be effective immediately upon posting of the modified terms on the Web-Site without prior separate notification to You. Accordingly, Your continued access or use of the Web-Site or any part of it is deemed to be Your acceptance of the modified terms.
6 Limitation of Liability
6.1 In no event shall We be liable for any losses or damages of whatsoever kind (including direct, indirect, incidental, consequential and punitive) arising out of access to, or the use of the Web-Site or any information contained in it whether or not in the contemplation of the parties including any losses or damages arising as a result of:
6.1.1 the Programme, any Canon Materials or any of the services detailed in the Web-Site not being available or being suspended or terminated;
6.1.2 any problems with accessing the Web-Site and the system on which it is hosted.
6.2 Nothing in these terms shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
7 Disclaimer of warranty
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on the Web-Site including without limitation the Programme and the Canon Materials accessed or used through the Web-Site. All such information, services and materials are provided "as is" and "as available" without warranty of any kind.
8 Indemnification
You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to Your breach of these terms.
9 Intellectual Property and Proprietary Rights
All trademarks, copyright, database rights and other intellectual property rights in any materials including without limitation the Canon Materials displayed, made available or accessible on the Web-Site, or through the Programme as well as the organization and layout of the Web-Site and the software code of the Web-Site are owned either by Us, Our licensors or Our service provider. Except as expressly permitted by Us in writing, no license or right, express or implied is hereby conveyed or granted by Us, Our licensors or Our service provider in relation to trademarks, copyright, database rights and other intellectual property rights in any materials displayed or accessible on the Web-Site or through the Programme, in the organization and layout of the Web-Site and/or in the software code of the Web-Site.
10 Data Protection
If You choose to register for the Web-Site, You agree to provide Canon with the accurate, up to date, business/work related data as requested in relation to the Web-Site and the registration form. Your provided data will be used by Canon solely for the purpose of administering the Web-Site, Your Account and the Programme. For details of Our use and transfer of Your business/work related personal data, please refer to Our Privacy Policy and Cookie Policy.
11 Termination
11.1 We reserve the right to:
11.1.1 Deny or suspend Your access to the Web-Site;
11.1.2 deny creation of, suspend or terminate Your Account at any time;
11.1.3 terminate these terms in Our sole discretion, at any time without notice.
11.2 We shall not be liable to You or any third party for the termination or suspension of the Web-Site, or any claims related to the termination or suspension of the Web-Site. Upon termination of access to the Web-Site by You or Us, You must discontinue Your use of the Web-Site, destroy promptly all materials obtained the Web-Site and any copies thereof.
12 User Policy
12.1 You undertake not to post to or send via or use in relation to the Web-Site or any forums any materials that are or could reasonably be construed as: (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which You have not obtained all necessary licences and/or approvals; or (iv) violating any other law.
12.2 You also agree not to transmit to or send via the Web-Site or any forums any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.
12.3 Canon reserves the right to remove any materials from the Web-Site where it reasonably suspects that such material is prohibited by this clause 12 or is otherwise inappropriate. Notwithstanding the foregoing, You acknowledge that Canon has no control over content on the Web-Site provided by other users, and that, in addition, it does not purport to monitor the accuracy, appropriateness or conformity with the principles outlined in these terms, of such content.
12.4 You must not link to the Web-Site other websites which are indecent or inappropriate, and You must forthwith remove any link if Canon in its discretion so requests.
13 Governing Law
These terms shall be governed by and construed in accordance with the English laws. You hereby agree that the English courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with Canon or these terms.
14 Miscellaneous
We have the right to change the content or technical specifications of any aspect of the Web-Site at any time at Our sole discretion. You further accept that such changes may result in Your being unable to access the Web-Site. Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Clauses 2, 3.2, 4, 6, 7, 8, 9, 10 and any clause which, by its nature, should survive termination or expiration of these terms shall survive termination or expiration.
15 Entire Agreement
These terms together with any licensing agreements and any other terms that may be made available to You regarding the Programme, constitute the entire agreement between You and Us in respect of Your use of the Web-Site, the Canon Materials and the Programme.
Updated October 2018