4TRANSFER. You may transfer the Software Program to another
5UPGRADES. 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.
6LIMITATION 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
7ADDITIONAL 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.
8LIMITATION 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.
9LIMITATION 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 LICENSE 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
10TERM. 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.
11TAXES. 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.
