12LIMITATION 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.
13APPLICABLE 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.
14UNITED 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
15CONSENT 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.
16EXPORT 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.
17AGREEMENT 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.
18CAPACITY 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.
19ENTIRE 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 Lexmark relating to your Use of the Software Program). To the extent any Lexmark policies or programs for support services conflict with the terms of this License Agreement, the terms of this License Agreement shall control.
*Products within the XX90 Series (including but not limited to models Z2390, Z2490, X2690, X3690, and X4690) are not subject to the Cartridge License Agreement. This Cartridge License Agreement does not apply to cartridges included within the printer boxes of XX75 Series products (including but not limited to models X4975 and X7675). It applies to replacement cartridges that are sold subject to these terms and conditions, however. Replacement cartridges sold without these terms are available through www.lexmark.com.
MICROSOFT CORPORATION NOTICES
1This product may incorporate intellectual property owned by Microsoft Corporation. The terms and conditions upon which Microsoft is licensing such intellectual property may be found at http://go.microsoft.com/fwlink/?LinkId=52369.
2This product is based on Microsoft Print Schema technology. You may find the terms and conditions upon which Microsoft is licensing such intellectual property at http://go.microsoft.com/fwlink/?LinkId=83288.
Notices
