PLEASE READ THIS DOCUMENT BEFORE ACCESSING THE CANON EUROPE WEBSITE. By accessing the Canon Website, you agree to be bound by the following terms and conditions.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

Canon Europa N.V. ("Canon") provides this website ("Canon Website") to you on the basis of the following terms and conditions ("Terms and Conditions"). By accessing any page on this Canon Website, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be updated by Canon from time to time by posting the updated Terms and Conditions without prior separate notification to you. You should check the Terms and Conditions each time you access the Canon Website to check for updates.

You will be able to obtain information about certain Canon products and services on this Canon Website and you may also submit queries to Canon to receive more information. Please note that this Canon Website is the European website and that products and services provided might vary from country to country. Please use the links to the national websites to find out details about products and services available.

Canon offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the "Mobile Application Services"). We do not charge for these Mobile Application Services unless otherwise provided in the applicable additional terms. However, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.

Under no circumstances will Canon be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user's wireless Device, telephone number, or email address) using any Mobile Application Services.

For our Mobile Applications providing guidance on use of Canon photo products please be aware that the pictures provided as an example represent the best achievable result. The final quality of your picture will depend on the right combination of the lens and camera body as well as your photographic skills.

Read about our cookie policy.

You undertake not to post to or send via this website 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. 

You also agree not to transmit to or send via the website 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. 

Canon reserves the right to remove any materials from the website where it reasonably suspects that such material is prohibited by this Section 3 or is otherwise inappropriate. Notwithstanding the foregoing, you acknowledge that Canon has no control over content on the website provided by other users, neither does it purport to monitor the content of the website to ensure its accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions. 

You must not link to the Canon Website other websites which are indecent or inappropriate, and you must forthwith remove any link if Canon in its discretion so requests. 

All materials (including, but not limited to, text, music, sound, photographs, graphics, images, video, data compilations, digital downloads and software) included on this Website ("Materials") are the property of Canon and its suppliers and protected by European, Japanese and international copyright laws. 

Canon authorises you to view and download the Materials only for your personal, non-commercial use; provided, that you do not modify or create any derivative work of the Materials in any way, or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited. 

If you wish to use the Materials beyond the scope as authorized above, you need to obtain prior approval by the relevant copyright owners or licensors of such Materials, i.e. Canon, its suppliers or others. If you wish to directly quote any portion of the Contents in any printed material such as magazines, please contact the Webmaster for permission at new.media@canon-europe.com. If you wish to publish any part of the Materials on CD or other media, please specify which portion of the Materials you wish to publish. 

You agree to indemnify Canon and Canon affiliates against any claim, demand, loss or damage suffered as a result of breach of this Section 3.

Canon hereby excludes all conditions, warranties, representations or other terms concerning the supply or purported supply of, failure to supply or delay in supplying any service in connection with the Canon Website or that the Canon Website is accurate, complete or up-to-date, which might but for this Section 4 have effect between Canon and you, or would otherwise be implied into or incorporated into these Terms and Conditions or any collateral contract, whether by statute, common law or otherwise. You understand and agree that you are using the Canon Website at your sole risk and that Canon does not warrant that the Canon Website will meet your requirements or that the Canon Website will be uninterrupted, error free or secure. Any content or services provided via the Canon Website or in connection with the Canon Website by Canon is done so on an "AS IS" and on an "AS AVAILABLE" basis and Canon makes no representations or endorsement of any kind, whether express or implied, with respect to the Canon Website for the content or services included in, or made available in connection with, this Canon Website. Canon reserves the right at its sole discretion, to amend or withdraw any content or services offered as part of the Canon Website.

Canon, any other party (whether or not involved in creating, producing, maintaining or delivering this Canon Website), and any of Canon's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party, (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with this Canon Website in any way or in connection with the use, inability to use or the results of use of this Canon Website, any websites linked to this Canon Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Canon Website or your downloading of any material from this Canon Website or any websites linked to this Canon Website. This shall not affect your statutory rights.

Nothing in these Terms and Conditions shall exclude or limit Canon's liability for (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.

If you choose to register on any part of this Canon Website, you agree to provide Canon with the accurate data as requested in the registration form. For details of our use and transfer of your personal data, please refer to this PRIVACY POLICY.
________________________________________

PRIVACY POLICY

1. The information provided in a from or otherwise via the Canon Website will be used by Canon, which for the purposes of this Section 6 will also include Canon Europe Ltd, for the purpose of providing the services that you have requested by way of the Canon Website.

2. From time to time Canon, Canon affiliates or agents might use this information for marketing purposes or to inform you about other products and services, which we think might be of interest for you. You can specify whether you wish to receive such information in the appropriate box in your registration form.

3. Your personal information might be passed on to other Canon affiliates and third parties (such as hosting service providers) for the purposes set out above and for the purposes of group administration. This might involve a transfer of data outside the European Economic Area. Some of these recipients may be located in countries that do not have the same privacy laws as the EU Member States, however, you may rest assured that the necessary measures are in place to protect the confidentiality and security of your information.

4. We are committed to protecting your privacy. Your personal data is held on secure computer and manual files and shall not be processed for any other purpose than those set out in this Privacy Policy. The server Canon uses to store this information is accessible to authorised staff only, is further connected to the Internet through a firewall and is therefore not accessible to the public.

5. Small pieces of information known as cookies will be installed on your computer to collect statistical information including navigation paths, number of visits, returning customers and hits per page. The only personal information that a cookie can contain is information that you provide yourself. They cannot read data off your hard disk. We use these cookies to help us determine the usefulness of the information that we provide and to see how user-friendly our website is. Canon does not share the information that it gathers from cookies with other non-Canon entities or sell it to third parties If you prefer not to receive cookies from our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse cookies by turning them off in your browser. You are not required to have cookies turned on to enable you to use any area of the Canon Websites.

6. You have the right to access, correct, update, or delete your data by accessing the appropriate link to your profile or by submitting a request to webmaster@canon-europe.com

7. We will only hold your personal information for the duration necessary to allow us to provide the services that you have requested or for any additional period as required by law.

8. This Privacy Policy may be amended by Canon from time to time. We will notify you of any material changes affecting our use of our personal data.

Privacy Policy for Canon Online Recruitment System

You must not display or use in any manner Canons or Canon Group trademarks or logos without Canons prior written permission.

Canon Europa N.V.
Bovenkerkerweg 59-61
1185 XB Amstelveen
Netherlands
Tel 0031 20 545 8545
Fax 0031 20 545 8222

Registered no: Company Registration Number: 33166721
VAT no: NL005916343B01

The Canon Photo Companion version 5.0 and subsequent versions available on iOS uses the following Open Source Software

MIT Licence terms:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Apache 2.0 Licence terms:

You understand that the Software may contain cryptographic functions that may be subject to export restrictions, and you represent and warrant that you are not located in a jurisdiction that is subject to United States economic sanctions (“Prohibited Jurisdiction”), including Cuba, Iran, North Korea, Sudan, Syria or the Crimea region, (ii) a person listed on any U.S. government blacklist (to include the List of Specially Designated Nationals and Blocked Persons or the Consolidated Sanctions List administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control, or the Denied Persons List or Entity List administered by the U.S. Department of Commerce) (“Sanctioned Person”), or (iii) controlled or 50% or more owned by a Sanctioned Person. You agree to comply with all export, re-export and import restrictions and regulations of the U.S. Department of Commerce or other agency or authority of the United States or other applicable countries. You also agree not to transfer, or authorize the transfer of, directly or indirectly, of the Software to any Prohibited Jurisdiction, or otherwise in violation of any such restrictions or regulations.

Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

The Canon Photo Companion version 5.0 and subsequent versions available on Android uses the following Open Source Software

BSD 3-Clause License

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Apache 2.0

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Eclipse Public License - v 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and

b) in the case of each subsequent Contributor:

i) changes to the Program, and

ii) additions to the Program;

where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

"Program" means the Contributions distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.

b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.

d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

a) it must be made available under this Agreement; and

b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

The Canon Photo Companion versions previous to version 5.0 contain the following OSS on the following terms and conditions:

Thank You for Your interest in our Tealium iOS Library (the "Software"), owned and licensed by Tealium Inc. (“Tealium,” "Our," “We,” or “Us”). Please read this license agreement (the "Agreement") carefully, as it contains the terms and conditions that govern Your use of and access to the Software

You may not access the Software if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Software for purposes of monitoring the availability, performance, or functionality, of any of our products and services or for any other benchmarking or competitive purposes.

BY DOWNLOADING THE SOFTWARE OR BY EXECUTING A TEALIUM PROVIDED ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE.

The term of Your license to use the Software (the "Term") will begin when You accept this Agreement as set forth above and will continue until terminated pursuant to the provisions of the "Cancellation and Termination" section below. During the Term, We grant You a non-exclusive, non-transferable, royalty-free, limited license (with no right to sublicense) to use the Software to do the following:

develop software applications and functionality designed to be used in conjunction with Tealium's products and services;
conduct quality assurance testing to ensure compatibility between your software application and Tealium's products and services; and
conduct support testing to troubleshoot compatibility between your software application and Tealium's products and services.

During the Term, Tealium further grants to You a non-exclusive, non-transferable, royalty-free, limited world-wide license (with no right to sublicense) to market, reproduce, and distribute applications incorporating the integration You develop under this Agreement, either directly or through multiple levels of distributors, Your end users, but only under an end-user license agreement with terms that are as protective of Tealium's rights as this Agreement.

We do not grant any other rights to the Software. You may only use the Software during the Term, we reserve all rights not expressly granted under this Agreement, and there are no implied rights or other rights We grant hereunder, whether by estoppel or otherwise. You may not: (i) copy or reproduce the Software (except for reasonable archival purposes); (ii) modify or create any derivative works of the Software; (iii) decompile, disassemble, or reverse engineer the Software (except to the extent expressly permitted under applicable law); or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. Further, You may not use the Software for any illegal or unauthorized purpose.

Tealium will retain all title, ownership, and Intellectual Property Rights in the Software and any derivative works thereof. “Intellectual Property Rights” will mean all patent, copyright, trade secret, trademark and other proprietary and intellectual property rights, including moral rights. The Software is protected by copyright and other intellectual property laws and by international treaties. You agree that We will own all suggestions, enhancements requests, feedback, recommendations, or other input provided by You or any other party relating to the Software. Other than the use licenses expressly granted in this Agreement, neither this Agreement nor its performance transfers from Us to You any Tealium intellectual property.

General Conditions and Restrictions
Your use of the Software is at Your sole risk.
You agree that Tealium is under no obligation to provide You with support for the Software, or to provide You with updates or error corrections ("Updates") to the Software. If Tealium, at its sole discretion, decides to provide You with Updates, Updates will be considered part of Software, and subject to the terms of this Agreement.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion or feature of the Software or access to the Software without express written permission from Tealium.

No Warranty
THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TEALIUM EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TEALIUM DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE COMPLETE, ACCURATE, OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEALIUM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEALIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; TERMINATION OF YOUR ACCOUNT; OR ANY OTHER MATTER RELATING TO THE SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TEALIUM’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE SOFTWARE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OR EITHER (1) THE AMOUNT YOU PAID TO TEALIUM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM OR (2) ONE HUNDRED FIFTY DOLLARS (USD 150.00).

Cancellation and Termination
Tealium, in its sole discretion, may terminate your license, for any reason at any time.
You, in your sole discretion, may terminate this Agreement immediately upon written notice to Tealium.
Upon termination or expiration of this Agreement, You will immediately cease use of and destroy the original and all copies of the Software in Your possession or control. Upon Tealium's written request, You will confirm to Tealium in writing that You have complied with all provisions of this Agreement.
Either party may terminate this Agreement upon written notice to the other party, for any material breach by the other party, if such breach is not cured within thirty (30) days after the non-breaching party provides the allegedly breaching party with written notice of such breach.

Miscellaneous
This Agreement will be governed by the laws of the State of California without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to this Agreement, You agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Diego County, California, and in the federal courts located in the Southern District of California. The failure of Tealium to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between You and Tealium and governs Your use of the Service Your use of the Service, superseding any prior agreements between You and Tealium (including, but not limited to, any prior versions of the Agreement).

These Terms and Conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.