By submitting the Application to Canon Singapore Pte. Ltd. (“Canon”), Applicant:
(b) declares that the information provided in the Application is valid and true; and
(c) confirms that the person submitting the Application duly authorized to submit the Application on behalf of the Applicant;
- For the purpose of these Terms & Conditions, the following words shall have meanings as attributed to them herein below, unless specifically mentioned otherwise:
a) Applicant – The Applicant named in the Application for Software Development Kit.
b) Canon - Canon Singapore Pte. Ltd.
c) SDK – Canon Digital Camera Software Development Kit.
d) Form – The Application for Software Development Kit.
e) Developer Software – The software which the Applicant wishes to develop and/or enhance using the Canon Digital Camera Software Development Kit described in the Form.
- Canon grants the Applicant a non-exclusive, non-transferable, non-assignable and revocable license to use the SDK in object code format:
a) Solely for the purpose as stated in the Form;
b) To be used and distributed only in object code format;
c) For use only within the country/region of application named in the Form.
- The SDK may be distributed by the Applicant only as part of the Developer Software to end-users for use of the Developer Software with Canon Digital Camera Products, subject to and on the terms and conditions listed herein.
- The Applicant shall not develop any development tools using or making access to any portion of the SDK. The Applicant shall not use, reproduce, sublicense, distribute to any third party or dispose of the SDK, in whole or in part, other than as permitted under the terms and conditions listed herein.
- The above-mentioned license is granted for a period of one (1) year from the date of Canon’s notification of approval of the Application. The said term shall automatically be renewed for subsequent periods of one (1) year each, unless:
a) The Applicant commits a breach of any of the agreed terms and conditions; or
b) The Applicant becomes the subject to any legal proceedings; or
c) The grant is specifically terminated in writing by Canon; or
d) The head license for the SDK terminates.
- Upon termination, the Applicant shall immediately (a) return to Canon the SDK and all copies thereof or (b) destroy the SDK and all copies thereof and provide certification of such destruction to Canon, provided that the Applicant may retain a copy of the SDK solely for the purpose of supporting the Developer Software.
- The Applicant alone shall be responsible for use of the SDK as part of the Developer Software, including its on-going maintenance and support. Canon shall have no responsibility of any kind towards providing any support, maintenance, correcting errors, etc. towards the Developer Software.
- All Intellectual Property Rights (including but not limited to copyrights, designs, trademarks, trade secrets, patents) including all rights to know-how and other technical information in connection with the SDK shall belong and remain exclusively and absolutely in Canon. The Applicant’s right to use the SDK is limited to as described under these terms.
- The Applicant may not use any of the Canon trademarks, service marks, trade names or logos in any advertising, brochures or promotional materials in connection with the Developer Software.
- The Applicant shall not disassemble, reverse assemble, reverse compile or otherwise reduce or modify any portion or any part of the SDK nor permit any third party to do so.
- The Applicant agrees that the use of the SDK is at its sole risks and that the SDK is provided to the Applicant "as is". Canon (including all its subsidiaries and affiliates) disclaims all warranties and conditions of any kind in relation to the SDK and shall not be liable in any manner for any loss, injury, damage, direct or indirect, arising out of the use or the inability to use the SDK by the Applicant.
- The Applicant shall indemnify, defend and hold harmless Canon (including all its subsidiaries and affiliates) against any and all claims arising out of the Applicant’s use of the SDK in any form.
- The Applicant covenants and agrees that Confidential Information provided, disclosed or otherwise made available to it by Canon or which otherwise comes into the Applicant's possession or knowledge (including but not limited to the possession or knowledge of the Applicant’s employees and agents) will be treated as confidential and shall not be disclosed to any other party save to and only to the extent necessary, the Applicant’s employees for the purpose of the development of the Developer Software, and provided that the Applicant shall ensure such employees shall be bound by the same confidentiality obligations herein.
- Any dispute arising out of the grant of this SDK shall be governed by the laws of Singapore, subject to exclusive jurisdiction of the courts of Singapore with the exception that Canon shall have the right to waive (at its sole discretion) this clause and to bring any action, including but not limited to actions for interim relief, before the competent court and/or under the local law of the place of business of the Applicant.