Lexmark 280 - Manual (Page 209)

6 TRANSFER. You may transfer the Software Program to another end-user. Any transfer must include all software
components, media, printed materials, and this Software 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 Software
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.
Notices
209