7
UPGRADES
. To Use a Software Program identified as an upgrade, you must first be licensed to the original Software
Program identified by Lexmark as eligible for the upgrade. After upgrading, you may no longer use the original
Software Program that formed the basis for your upgrade eligibility.
8
LIMITATION ON REVERSE ENGINEERING
. You may not alter, decrypt, reverse engineer, reverse assemble, reverse
compile or otherwise translate the Software Program, except as and to the extent expressly permitted to do so by
applicable law for the purposes of inter-operability, error correction, and security testing. If you have such statutory
rights, you will notify Lexmark in writing of any intended reverse engineering, reverse assembly, or reverse
compilation. You may not decrypt the Software Program unless necessary for the legitimate Use of the Software
Program.
9
ADDITIONAL SOFTWARE
. This License Agreement applies to updates or supplements to the original Software
Program provided by Lexmark unless Lexmark provides other terms along with the update or supplement.
10
TERM
. This License Agreement is effective unless terminated or rejected. You may reject or terminate this license
at any time by destroying all copies of the Software Program, together with all modifications, documentation, and
merged portions in any form, or as otherwise described herein. Lexmark may terminate your license upon notice
if you fail to comply with any of the terms of this License Agreement. Upon such termination, you agree to destroy
all copies of the Software Program together with all modifications, documentation, and merged portions in any
form.
11
TAXES
. You agree that you are responsible for payment of any taxes including, without limitation, any goods and
services and personal property taxes, resulting from this Agreement or your Use of the Software Program.
12
LIMITATION ON ACTIONS
. No action, regardless of form, arising out of this Agreement may be brought by either
party more than two years after the cause of action has arisen, except as provided under applicable law.
13
APPLICABLE LAW
. This Agreement is governed by the laws of the Commonwealth of Kentucky, United States of
America. No choice of law rules in any jurisdiction shall apply. The UN Convention on Contracts for the International
Sale of Goods shall not apply.
14
UNITED STATES GOVERNMENT RESTRICTED RIGHTS
. The Software Program has been developed entirely at private
expense. Rights of the United States Government to use the Software Program is as set forth in this Agreement and
as restricted in DFARS 252.227-7014 and in similar FAR provisions (or any equivalent agency regulation or contract
clause).
15
CONSENT TO USE OF DATA
. You agree that Lexmark, its affiliates, and agents may collect and use information you
provide in relation to support services performed with respect to the Software Program and requested by you.
Lexmark agrees not to use this information in a form that personally identifies you except to the extent necessary
to provide such services.
16
EXPORT RESTRICTIONS
. You may not (a) acquire, ship, transfer, or reexport, directly or indirectly, the Software
Program or any direct product therefrom, in violation of any applicable export laws or (b) permit the Software
Program to be used for any purpose prohibited by such export laws, including, without limitation, nuclear, chemical,
or biological weapons proliferation.
17
AGREEMENT TO CONTRACT ELECTRONICALLY
. You and Lexmark agree to form this License Agreement
electronically. This means that when you click the “Agree” or “Yes” button on this page or use this product, you
acknowledge your agreement to these License Agreement terms and conditions and that you are doing so with the
intent to “sign” a contract with Lexmark.
18
CAPACITY AND AUTHORITY TO CONTRACT
. You represent that you are of the legal age of majority in the place you
sign this License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into
this contract.
19
ENTIRE AGREEMENT
. This License Agreement (including any addendum or amendment to this License Agreement
that is included with the Software Program) is the entire agreement between you and Lexmark relating to the
Software Program. Except as otherwise provided for herein, these terms and conditions supersede all prior or
contemporaneous oral or written communications, proposals, and representations with respect to the Software
Program or any other subject matter covered by this License Agreement (except to the extent such extraneous
terms do not conflict with the terms of this License Agreement, any other written agreement signed by you and
Notices
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