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 pr ovided 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 simil ar FAR provisions (or any equivalent agency r egulation or contract
clause).
15 CONSENT TO USE OF DATA. You agree that Lexmark, its affiliates, and agents may collect and use inf ormation you
provide in relation to support services performed w ith respect to the Software Program and requested by you.
Lexmark agrees not to use this information in a form that personally identifies yo u 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 S oftware
Program or any direct product therefrom, in violation of any applicable export laws o r (b) permit the Software
Program to be used for any purpose prohibited by such export laws, including, wit hout 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 A greement 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 her ein, these terms and conditions supersede all prior or
contemporaneous oral or written communications, propo sals, 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 Pro gram). To the extent any Lexmark policies or p rograms for support
services conflict with the terms of this License Agreement, the terms of this License Agreement shall control.
ADOBE SYSTEMS INCORPORATED NOTICE
Contains Flash®, Flash® Lite™ and/or Reader® technol ogy by Adobe Systems Incorporated
This Product contains Adobe® Flash® player software under license f rom Adobe Systems Incorporated, Copyright ©
1995-2007 Adobe Macromedia Software LLC. All rights reserved. Adobe, Reader and Flash are trademarks of Adobe
Systems Incorporated.
Notices 207