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FOR A PARTICULAR PURPOSE, LEXMARK LIMITS THE DURATION OF SUCH WARRANTIES TO THE 90-
DAY TERM OF THE EXPRESS SOFTWARE LIMITED WARRANTY.
This Agreement is to be read in conjunction 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 is able, Lexmark hereby limits its liability
for breach of those provisions to one of the following: providing you a replacement copy 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 internet web pages
hosted and operated by third parties
unaliated
with Lexmark. You acknowledge and agree that Lexmark
is not responsible in any way for the hosting, performance, operation, maintenance, or content of, such
software applications and/or internet web pages.
3 LIMITATION 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 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 THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS
DETERMINED LEGALLY INVALID. THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED
REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
4 U.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.
5 LICENSE GRANT. Lexmark grants you the following rights provided you comply with all terms and conditions
of this License Agreement:
a Use. 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
eect
of overriding, modifying, eliminating, obscuring, altering or de-emphasizing 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.
b Copying. 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.
Notices 211
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