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c Reservation 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.
d Freeware. 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, shrink-wrap license, or electronic license
terms at the time of download. Use of the Freeware by you shall be governed entirely by the terms and
conditions of such license.
6 TRANSFER. You may transfer the Software Program to another end-user. Any transfer must include all
software components, media, printed materials, and this License Agreement and you may not retain copies
of the Software Program or components thereof. The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end-user receiving the transferred Software Program must agree to
all these License Agreement terms. Upon transfer of the Software Program, your license is automatically
terminated. You may not rent, sublicense, or assign the Software Program except to the extent provided in
this License Agreement, and any attempt to do so shall be void.
7 UPGRADES. 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.
8 LIMITATION 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 inter-operability, error correction, and security
testing. If you have such statutory rights, you will notify Lexmark in writing of any intended reverse
engineering, reverse assembly, or reverse compilation. You may not decrypt the Software Program unless
necessary for the legitimate Use of the Software Program.
9 ADDITIONAL 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.
10 TERM. This License Agreement is eective 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.
11 TAXES. 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.
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 provided 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 similar FAR provisions (or any
equivalent agency regulation or contract clause).
15 CONSENT TO USE OF DATA. You agree that Lexmark, its aliates, and agents may collect and use
information you provide in relation to support services performed with respect to the Software Program and
Notices 212
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