3
LIMITATION OF REMEDY
. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF
LEXMARK UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID
FOR THE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). YOUR SOLE
REMEDY AGAINST LEXMARK IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL BE TO SEEK TO
RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LEXMARK SHALL BE RELEASED AND DISCHARGED
OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.
IN NO EVENT WILL LEXMARK, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS
OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA
OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY
ARISING OUT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PROGRAM, OR
OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS SOFTWARE LICENCE AGREEMENT), REGARDLESS OF
THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LEXMARK, OR ITS SUPPLIERS, AFFILIATES, OR
REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED
ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID.
THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
4
U.S.A. STATE LAWS
. This Software Limited Warranty gives you specific legal rights. You may also have other rights
that vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or the
exclusion of limitation of incidental or consequential damages, so the above limitations may not apply to you.
5
LICENSE GRANT
. Lexmark grants you the following rights provided you comply with all terms and conditions of this
License Agreement:
a
Use
. You may Use one (1) copy of the Software Program. The term “Use” means storing, loading, installing,
executing, or displaying the Software Program. If Lexmark has licensed the Software Program to you for
concurrent use, you must limit the number of authorized users to the number specified in your agreement with
Lexmark. You may not separate the components of the Software Program for use on more than one computer.
You agree that you will not Use the Software Program, in whole or in part, in any manner that has the effect of
overriding, modifying, eliminating, obscuring, altering or de-emphasizing the visual appearance of any
trademark, trade name, trade dress or intellectual property notice that appears on any computer display screens
normally generated by, or as a result of, the Software Program.
b
Copying
. You may make one (1) copy of the Software Program solely for purposes of backup, archiving, or
installation, provided the copy contains all of the original Software Program’s proprietary notices. You may not
copy the Software Program to any public or distributed network.
c
Reservation of Rights
. The Software Program, including all fonts, is copyrighted and owned by Lexmark
International, Inc. and/or its suppliers. Lexmark reserves all rights not expressly granted to you in this License
Agreement.
d
Freeware
. Notwithstanding the terms and conditions of this License Agreement, all or any portion of the
Software Program that constitutes software provided under public license by third parties (“Freeware”) is
licensed to you subject to the terms and conditions of the software license agreement accompanying such
Freeware, whether in the form of a discrete agreement, shrink-wrap license, or electronic license terms at the
time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such
license.
6
TRANSFER
. You may transfer the Software Program to another end-user. Any transfer must include all software
components, media, printed materials, and this License Agreement and you may not retain copies of the Software
Program or components thereof. The transfer may not be an indirect transfer, such as a consignment. Prior to the
transfer, the end-user receiving the transferred Software Program must agree to all these License Agreement terms.
Upon transfer of the Software Program, your license is automatically terminated. You may not rent, sublicense, or
assign the Software Program except to the extent provided in this License Agreement, and any attempt to do so
shall be void.
Notices
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