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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 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.
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 affiliates, and agents may collect and use information you
provide in relation to support services performed with respect to the Software Program and requested by you.
Lexmark agrees not to use this information in a form that personally identifies you except to the extent necessary
to provide such services.
Notices 323