This Agreement is to be read in conjunc tion with certain statutory provisions, as that may be in force from time to
time, that imply warranties or conditions or impose obligations on Lexmark that cannot be excluded or modified.
If any such provisions apply, then to the extent Lexmark i s able, Lexmark hereby limits its liabilit y for breach of those
provisions to one of the following: providing you a replacement c opy of the Software Program or reimbursement
of the price paid for the Software Program.
The Software Program may include internet links to other software applications and/or int ernet web pages hosted
and operated by third parties unaffiliated with Lexmark. You acknowledge and agree that Lexmark is not responsible
in any way for the hosting, performance, operation, mai ntenance, or content of, such software applications and/or
internet web pages.
3LIMITATION OF REMEDY. TO THE MAXIMUM EXTENT PERMIT TED BY APPLICABLE LA W, ANY AND ALL LIABI LITY 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 WH ICH LEXMARK SHALL BE RELEASED AND DISCHARGED
OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.
IN NO EVENT WILL LEXMARK, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLER S 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 PROGRA M, OR
OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT), REGARDLE SS 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 SU CH 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 LIMITAT IONS APPLY EVEN IF THE ABOVE-STATED REMED IES FAIL OF THEIR ESSEN TIAL PURPOSE.
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 impl ied warranty lasts or the
exclusion of limitation of incidental or consequential damages, so the ab ove 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 autho rized 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-em phasizing 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.
bCopying. You may make one (1) copy of the Software P rogram solely for purposes of backup, archiving , or
installation, provided the copy contains all of the original Software Pr ogram’s proprietary notices. You may not
copy the Software Program to any public or distributed network.
cReservation of R ights. The Software Program, including all f onts, is copyrighted and owned by Lexmark
International, Inc. and/or its suppliers. Lexmark reserves all right s not expressly granted to you in this License
Agreement.
dFreeware. Notwithstanding the terms and conditions of this License Agreement, all o r any portion of the
Software Program that constitutes software provided und er public license by third parties (“Freeware”) is
licensed to you subject to the terms and conditions of the sof tware license agreement accompanying such
Freeware, whether in the form of a discrete agreement, shrink-wrap license, or electronic license terms at the
Notices
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