3
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.
4
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.
5
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.
6
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.
7
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.
8
LIMITATION OF REMEDIES
. To the maximum extent permitted by applicable law, the entire liability of Lexmark, its suppliers,
affiliates, and resellers, and your exclusive remedy shall be as follows: Lexmark will provide the express limited warranty described
above. If Lexmark does not remedy defective media as warranted, you may terminate your license and your money will be refunded
upon the return of all of your copies of the Software Program.
9
LIMITATION OF LIABILITY
. To the maximum extent permitted by applicable law, for any claim arising out of Lexmark's limited
warranty, or for any other claim whatsoever related to the subject matter of this Agreement, Lexmark's and its suppliers’ liability for
all types of damages, regardless of the form of action or basis (including contract, breach, estoppel, negligence, misrepresentation,
or tort), shall be limited to the greater of $5,000 or the money paid to Lexmark or its Authorized remarketers for the license hereunder
for the Software Program that caused the damages or that is the subject matter of, or is directly related to, the cause of action.
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 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.
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.
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