Lexmark 280 - Manual (Page 208)

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 LICENCE 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 Software 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 effect 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.
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 Software
License Agreement.
d Freeware. Notwithstanding the terms and conditions of this Software 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 or installation. Use of the Freeware by you shall be governed entirely by the terms and
conditions of such license.
Notices
208