Lexmark 436 User Manual

Page 227

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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 Software License
Agreement.

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 or assist or otherwise facilitate others to do so, 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 Software 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 Software 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 Software 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 Software License Agreement or your Use of the Software
Program.

12

LIMITATION ON ACTIONS. No action, regardless of form, arising out of this Software License 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 Software License 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 are as set forth in this Software
License 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.

16

EXPORT RESTRICTIONS. You may not (a) acquire, ship, transfer, or reexport, directly or indirectly, the Software
Program or any direct product therefrom, in violation of any applicable export laws or (b) permit the Software
Program to be used for any purpose prohibited by such export laws, including, without limitation, nuclear, chemical,
or biological weapons proliferation.

17

AGREEMENT TO CONTRACT ELECTRONICALLY. You and Lexmark agree to form this Software License Agreement
electronically. This means that when you click the “Agree” or “I accept” button on this page or use this product,
you acknowledge your agreement to these Software License Agreement terms and conditions and that you are
doing so with the intent to “sign” a contract with Lexmark.

Notices

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