EOS Webcam Utility Pro Software Subscription Service Terms and Conditions

LAST UPDATED: August 12, 2022 

IMPORTANT NOTE: By subscribing to the Service, I consent to Canon Inc. sharing my information with Canon USA for Canon USA’s own use related to the Service.

Welcome to the EOS Webcam Utility Pro Software Subscription Service offered by Canon U.S.A., Inc. (“Canon USA,” “we,” “us,” or “our”). This software subscription service allows customers (“Customer,” “you,” or “yours”) to enroll in a select subscription plan, and the service facilitates Customer’s payment for the software subscription plan they enroll in (collectively, the “Service”). 

The following are the terms and conditions for the Service. These EOS Webcam Utility Pro Software Subscription Service Terms and Conditionsand Conditions are between you and Canon USA and govern your and our respective rights and obligations relating to the Service. These EOS Webcam Utility Pro Software Subscription Service Terms and Conditions supplement and incorporate by reference the Canon USA Terms of Use the Canon USA Privacy Statement (collectively, the “Terms and Conditions”). All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Canon USA Terms of Use. 

1. Acceptance of Terms
By enrolling, accessing or otherwise using the Service, you acknowledge that you have read, understand and agree to these Terms and Conditions, which may be updated by Canon USA at any time. By continuing to use the Service after changes are made, you are expressing and acknowledging your acceptance of the changes. In the event of a conflict between the terms set out in these EOS Webcam Utility Pro Software Subscription Service Terms and Conditions and the Canon USA Terms of Use, these EOS Webcam Utility Pro Software Subscription Service Terms and Conditions will supersede the Canon USA Terms of Use. 

In addition, you agree that Canon USA may communicate with you (a) by e-mail, (b) by message on your EOS Webcam Utility Pro Software Subscription Service account page on your MyCanon Account Dashboard (“Dashboard”), or (c) by posting notices on usa.canon.com (the “Site”). You agree that all such notices, disclosures and other communications that Canon USA provides to you electronically satisfy any legal requirement that such communications be in writing. Costs associated with your maintaining an email account or Internet connection are your responsibility and are not included in the Service. 

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE. 

2. Eligibility/Enrollment
In order to use the Service, you need to (a) be 18 years of age or older and located and residing in the 50 United States of the District of Columbia, and (b) have the power to enter a binding contract and not be barred from doing so under any applicable laws. In order to enroll, access and use the Service, you will be required to enroll in the EOS Webcam Utility Pro Software Subscription Service and create a MyCanon Account. If you choose to enroll in the Service, you agree to provide and maintain true, accurate and current and complete information about yourself as prompted by the Service’s enrollment form. 

3. Changes to these Terms and Conditions and the EOS Webcam Utility Pro Software Subscription Service
Canon USA may modify these Terms and Conditions at any time in its sole discretion with thirty (30) days prior notice to you by posting a notice of such modification on the Site. Canon USA may also send notifications of such modifications to you at the email address (email message) listed on your MyCanon Account. Your continued use of the Service after modification becomes effective (i.e., thirty (30) days from the posting or sending notice to you) will indicate your acceptance of the modified Terms and Conditions. If you do not accept the Terms and Conditions as modified, you must cancel your enrollment in the Service by following the directions in Section 8a (“Cancellation by You”) below. In addition, Canon USA, in its sole discretion, may suspend performance, refuse to provide the Service to you or cancel your use of the Service, and may modify, suspend or discontinue the Service (or any version, part or feature thereof) in accordance to the terms in Section 6b (“Cancellation by Canon USA”).

4. Requirements for the EOS Webcam Utility Pro Software Subscription Service 
a. Email address and MyCanon Account. In order to enroll in and use the EOS Webcam Utility Pro Software Subscription Service, you must maintain, at your own expense, a valid and current email account to receive notices and other information regarding your enrollment and the Service. You must create and maintain a MyCanon Account. You will manage the EOS Webcam Utility Pro Software subscription plan you select, including maintenance of your payment method, through the Dashboard on your MyCanon Account page. 

b. Internet Connection. In order to enroll in and use the Service, you must maintain connectivity to the Internet. Internet connectivity service is not provided by Canon USA and must be separately obtained and paid for by you. Check with your Internet service provider for information on Internet data usage charges and any other applicable charges you will be responsible for. You are responsible for obtaining and maintaining, at your sole expense, all equipment and services needed to access and use the Service. If you subscribe to a monthly plan under the Service, you will continue to be charged monthly until you cancel your subscription in your Dashboard on the MyCanon Account page. 

5. Choosing an EOS Webcam Utility Pro Software Subscription Plan
a. Selection of an EOS Webcam Utility Pro Software Subscription Plan. When you create your Service Subscription, you will select one of the EOS Webcam Utility Pro Software subscription plans available through the Service (each a “Subscription Plan”). Each Susbcription Plan entitles you to unlock features within the EOS Webcam Utility Pro Software that are not available with the free version of this software. Upon enrollment, you may be given a free trial to the unlocked features available with a Subscription Plan (as set forth below in Section 5b) that will expire thirty (30) days after enrollment in a Subscription Plan. 

i) If you enroll in the monthly Subscription Plan, your first Plan Month Period will begin on the day of the month the free trial expires (Monthly Plan Start Date). If there is no free trial offered then your Monthly Plan Start Date is your Enrollment Date. 

ii) The second Plan Month Period begins on the same calendar day as your Monthly Plan Start Date on the following month. If your Monthly Plan Start Date is on a day not contained in a following month, then your Plan Month Period in any of following months will use the last day of such month. For example, if your Monthly Plan Start Date is January 31st, your first Plan Month Period would start on February 28th, and your second Month Period would begin on March 31st. Your EOS Webcam Utility Pro Software Subscription will continue on a month-to-month basis until your EOS Webcam Utility Pro Software Subscription is cancelled or changed to a monthly subscription. 

iii) If you enroll in the annual Subscription Plan, your first Annual Plan Period will begin on the day your free trial expires (Annual Plan Start Date). If there is no free trial offered, then your Annual Plan Start Date is your Enrollment Date. Your EOS Webcam Utility Pro Software Subscription will continue on an annual basis until your EOS Webcam Utility Pro Software Subscription is cancelled or changed to a monthly plan. The monthly plan will not begin until after the end date of your then current Annual Plan Period. 

b. Free Trial (if any). During enrollment in a Subscription Plan, Canon USA may offer a free trial (“Free Trial”) for your Subscription Plan. The Free Trial, if any, is available one-time only. Once you enroll in a Subscription Plan, you will not be eligible for additional Free Trial(s) offered for enrollment, regardless of whether a Service Subscription is suspended or cancelled and subsequently renewed. 

c. No Transfer of EOS Webcam Utility Pro Software Subscription Plan. You cannot transfer your Subscription Plan to another person. 

6. Paying for Your EOS Webcam Utility Pro Software Subscription Plan
a. Commencement of Charges for the EOS Webcam Utility Pro Software Subscription Plan and Billing Cycles. 

i. When you enroll in a Subscription Plan and create your Service Subscription, you will provide Canon USA with a valid credit card. 

ii. Your monthly billing cycle (“Monthly Billing Cycle”) for the monthly Subscription Plan you are enrolled in will begin on the Monthly Plan Start Date, as set forth above in Section 5 (Choosing an EOS Webcam Utility Pro Software Subscription Plan) above. 

iii. If you are enrolled in the monthly Subscription Plan, the credit card on file in your Dashboard for your Service Subscription will be charged on your Monthly Plan Start Date for the monthly Subscription Plan charges and applicable taxes, fees and surcharges set by federal, state, and local governments. Your credit card will be charged on a monthly basis in accordance with your Monthly Billing Cycle until your enrollment in the Service is canceled by you or Canon USA. 

iv. Your annual billing cycle (“Annual Billing Cycle”) for the annual Subscription Plan you are enrolled in will begin on the Annual Plan Start Date, as set forth in Section 5 (Choosing an EOS Webcam Utility Pro Software Subscription Plan) above. 

v. If you are enrolled in the annual EOS Subscription Plan, the credit card on file in your Dashboard for your Service Subscription will be charged on your Annual Plan Start Date for the annual Subscription Plan charges and applicable taxes, fees and surcharges set by federal, state, and local governments. Your credit card will be charged on an annual basis in accordance with your Annual Billing Cycle until your enrollment in the Service is canceled by you or Canon USA. 

vi. In the event that Canon USA is unable to collect payment using the credit card on file in your Dashboard for your Service Subscription at the time payment becomes due, Canon USA may temporarily cancel your access to the Service, and the EOS Webcam Utility Pro Software will stop functioning, until payment is received. If Canon USA continues to be unable to collect payment from you for three (3) consecutive days, Canon USA will cancel your enrollment in the Service. 

vii. You may access your billing information on the Dashboard. 

b. Price Increases. Canon USA may increase or otherwise change the cost of the EOS Webcam Utility Pro Software Subscription Plans, and add additional fees, for any EOS Webcam Utility Pro Software Subscription Plan, or otherwise change or add Subscription Plans at any time in Canon USA’s sole discretion with prior notice to you in accordance with Section 3 (Changes to these Terms and Conditions and the EOS Webcam Utility Pro Software Subscription Plan). Any such changes to the cost of an EOS Webcam Utility Pro Software Subscription Plan and the addition of other fees will become effective no earlier than the beginning of your next Plan Month Period commencing thirty (30) days after Canon USA’s announcement of such changes or additions. 

c. Payment Processor. Canon USA uses a third-party payment processor to process payments for the Service. The processing of payments is subject to any additional terms, conditions, and policies of the payment processor. Canon USA reserves the right to change or add third-party payment processors at its discretion.

7. Managing your EOS Webcam Utility Pro Software Subscription Plan
a. MyCanon Account Dashboard. The details for the Subscription Plan you are enrolled in will be displayed on the Dashboard on your MyCanon Account page. The Dashboard will provide you with, among other items, the current status of your EOS Webcam Utility Pro Software Subscription, payment status and transactions or communication regarding the EOS Webcam Utility Pro Software Subscription Plans. 

b. Customer Support Center. If you need assistance with your EOS Webcam Utility Pro Software or your Service Subscription, or have questions regarding your monthly or annual charges or the billing process, please check your Dashboard on your MyCanon Account. 

c. Changing your EOS Webcam Utility Pro Software Subscription Plan. You may change the Subscription Plan you are enrolled in by following the directions on the Dashboard. If you are moving from the monthly Subscription plan to the annual Subscription Plan, the change to your Subscription Plan will become effective the next Plan Month Period. If you are moving from the annual Subscription Plan to the monthly Subscription Plan, the change to your Subscription Plan will become effective on the date your current annual Subscription Plan ends. Please note that the charge for the EOS Webcam Utility Pro Software Subscription Plan monthly cost will appear on your bill for the Plan Month Period following the month in which the new monthly Subscription Plan is effective. To view your current EOS Webcam Utility Pro Software Subscription Plan and other details go to the Dashboard.

8. Cancellation of your EOS Webcam Utility Pro Software Subscription Plan
a. Cancellation by You. You may cancel enrollment in the Service and/or your EOS Webcam Utility Pro Software Subscription Plan at any time online on your Dashboard. For the monthly Subscription Plan, your EOS Webcam Utility Pro Software Subscription will be cancelled effective at 11:59 PM ET as of the last day of your current Monthly Plan Month Period. For the Annual Subscription Plan, your EOS Webcam Utility Pro Software Subscription will be cancelled effective at 11:59 PM ET as of the last day of your current Annual Plan Period. 

Simply not connecting to the Internet and/or not utilizing the Service will not cancel your enrollment in the EOS Webcam Utility Pro Software Subscription or modify your Billing Cycle. 

Please note that there will be no refund of any advance payments paid for a Subscription Plan if You cancel your enrollment in the Service and/or your Subscription Plan. 

b. Cancellation by Canon USA. Canon USA may cancel your enrollment in the Service and/or your Subscription Plan at any time, in its sole discretion, for any or no reason, upon thirty (30) days notification to you at the email address listed on your MyCanon Account. Reasons for cancelling your enrollment in the Service and/or your Subscription Plan may include, but not be limited to, Canon USA ceasing to provide the Service or a particular version, part or feature of the Service. Cancellation by Canon USA may entitle you to a refund of advance payments made if you do not use the Service during the cancellation period. In addition, Canon USA may cancel your Subscription Plan and these Terms and Conditions at any time, in its sole discretion, immediately upon notification to you at the email address listed on your MyCanon account if (i) you breach any of these terms and Conditions (including but not limited to failing to pay for the Subscription Plan or no longer having a valid credit card on file in your Dashboard for your Service Subscription; or (ii) Canon USA, in its sole discretion, believes that you otherwise abused the Subscription Plan or engaged in any action that merits termination of your use of the Service. Any cancellation by Canon USA pursuant to subsections (i) and (ii) immediately above may be without any refund to you of advance payments made. 

c. Consequences of Cancellation. You agree that Canon USA will not be liable to you for any cancellation of your Subscription Plan or refusal of access to the Service. Upon cancellation of your Subscription Plan for any reason, any rights granted to you under these Terms and Conditions will terminate and you must immediately cease all use of the Service.

9. Representations and Obligations
By enrolling in the Service and selecting an EOS Webcam Utility Pro Software Subscription Plan, you hereby represent that: 

a. Enrollment in the Service is for you for your individual use, and not for resale, redistribution or to otherwise share with other parties, and you represent that you will not use the Service on behalf of others where you collect a fee (e.g., in connection with any type of printing or copying business); 
b. Activities deemed suspicious, such as multiple MyCanon accounts and subscriptions utilizing the same email address, will result in immediate termination of your access to the Service; 
c. You shall not abuse the Service or otherwise engage in inappropriate activities with respect to the EOS Webcam Utility Pro Software Subscription Plan, and you represent that you, and not Canon USA, are responsible for anything streamed utilizing the software while using the Service; 
d. You are responsible for the actions of others who use your Service Subscription or can access modify and update your account information, the Dashboard, or otherwise use your EOS Webcam Utility Pro Software Subscription Plan; 
e. You will indemnify Canon USA and hold Canon USA harmless with respect to all claims, liabilities, losses and other costs arising from your breach of these Terms and Conditions or otherwise related to your use of the Service, the EOS Webcam Utility Pro Software, or the Site. 

10. Warranties and Disclaimers
YOUR ACCESS TO AND USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. 
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. 
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, CANON USA DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. 
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CANON USA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 

11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CANON INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ANY ONE OF THE CANON INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; or (B) ANY MATTER RELATING TO THE SERVICE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF CANON USA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICE. IN NO EVENT WILL THE CANON INDEMNIFIED PARTIES BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL THE CANON INDEMNIFIED PARTIES BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICE.THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE TOTAL LIABILITY OF THE CANON INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO CANON USA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT STRIPE, INC., A THIRD–PARTY SERVICE PROCESSOR, PROCESSES YOUR PAYMENT TO CANON USA THROUGH THE USE OF A CREDIT CARD. YOU UNDERSTAND AND AGREE THAT NEITHER STRIPE, INC. NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF CANON USA TO PROVIDE THE SERVICE TO YOU UNDER THESE TERMS AND CONDITIONS OR ANY BREACH OF THESE TERMS AND CONDITIONS BY CANON USA. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF A FAILURE OF THE SERVICE TO YOU UNDER THESE TERMS AND CONDITIONS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. 

12. Applicable Law
These Terms and Conditions will be governed by and construed according to the laws of the State of New York applicable to contracts which are entered into and performed in New York. You (i) agree that any litigation, action or proceeding relating to these Terms and Conditions must be instituted in any state or federal court in Suffolk County, New York, and (ii) waive any objection which you might have with respect to jurisdiction, venue or forum. Nothing in this Section will affect Canon USA’s right to serve process in any other manner permitted by law or to proceed in any other court in which you are subject to suit.

13. Entire Agreement
These Terms and Conditions, the Canon USA Terms and Conditions and Canon USA Privacy Statement, and any other site policies constitute the entire agreement between you and Canon USA and govern your use of the Service, superseding any prior agreements between you and Canon USA with respect to the Service. The failure of Canon USA to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign these Terms and Conditions without the prior written consent of Canon USA, but Canon USA may assign or transfer these Terms and Conditions, in whole or in part, without restriction. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

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