3LIMITATION 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
4U.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.
5LICENSE GRANT. Lexmark grants you the following rights provided you comply with all terms and conditions of this License Agreement:
aUse. 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
bCopying. 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.
cReservation 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.
dFreeware. 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,
Notices
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