LEXMARK LICENSE AGREEMENT FOR THE LEXMARK 2070 COLOR JETPRINTER WINDOWS DRIVER BEFORE USE OF THE ENCLOSED PRODUCT, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. USE OF THE PRODUCT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT INSTALL THIS PRODUCT. THIS IS A LICENSE AGREEMENT AND NOT AN AGREEMENT FOR SALE. LEXMARK OWNS OR HAS LICENSED FROM OTHER OWNERS, COPYRIGHTS IN THE SOFTWARE CONTAINED IN THE PRINTER ACCESSORY. YOU OBTAIN NO RIGHTS TO THE INTELLECTUAL PROPERTY IN THE SOFTWARE, OTHER THAN THE LICENSE GRANTED YOU TO THE SOFTWARE UNDER THIS AGREEMENT. TITLE TO THE ENCLOSED COPY OF THE SOFTWARE, AND ANY COPY MADE FROM IT, IS RETAINED BY LEXMARK OR SUCH OTHER OWNERS. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM, THE SOFTWARE. You may: 1. install, use, and display the Software on only one workstation or host processing system at any one time to reproduce and display weights, styles and versions of letters, numerals, characters and symbols; 2. make a copy of the Software for backup or installation purposes only in support of the normal intended use of the Software, provided that any copies of the Software shall contain the same copyright and trademark notices which appear on or in such Software; 3. transfer possession of copies of the Software to another party by transferring this copy of this Agreement and all other documentation along with at least one complete, unaltered copy of the Software, provided that (1) you must, at the same time, either transfer to such other party or destroy all your other copies of the Software, (2) such transfer of possession terminates your license from Lexmark, and (3) such other party shall accept and be bound by these license terms by its initial use of the Software; and 4. use any trademark associated with the Software only in accordance with accepted trademark practice, including identification of the trademark owner's name. You shall not, without the written consent of Lexmark: 1. use, copy, modify, merge, or transfer copies of the Software except as provided herein; 2. reverse assemble, or reverse compile the Software; or 3. create derivative works based on the whole or any part of the Software or its associated documentation; or 4. sublicense, rent, lease or assign the Software or any copy thereof. LIMITED WARRANTY With regard to Software contained in a disk or diskette, Lexmark provides a three-month limited warranty, as measured from the date of delivery to the original customer, on the media for all Software. With the exception of the foregoing express warranty applicable to media only, the Software is not warranted and is provided AS IS. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. LIMITATION OF REMEDIES Lexmark's entire liability and your exclusive remedy shall be as follows: 1. Lexmark will provide the warranty described in Lexmark's Statement of Limited Warranty. If Lexmark does not remedy defective media as warranted, you may terminate your license and your money will be refunded upon the return of all your copies of the Software. 2. For any claim arising out of Lexmark's limited warranty, or for any other claim whatsoever related to the subject matter of these terms, Lexmark's liability for actual damages, regardless of the form of action, shall be limited to the greater of five thousand dollars ($5,000) or the money paid to Lexmark or its Authorized remarketers for the license for the Software that caused the damages or that is the subject matter of, or is directly related to, the cause of action. This limitation will not apply to claims for personal injury or damages to real or tangible personal property caused by Lexmark's negligence. 3. In no event will Lexmark be liable for any lost profits, lost savings, or any incidental damages or other consequential damages, even if Lexmark or its Authorized remarketers have been advised of the possibility of such damages, or for any claim by you based on a third party claim. Some states do not allow the limitation or exclusion of indicental or consequential damages so the above limitation or exclusion may not apply to you. GENERAL You may terminate your license at any time by destroying all your copies of the Software or as otherwise described in these terms. Lexmark may terminate your license if you fail to comply with these terms. Upon such termination you agree to destroy all your copies of the Software. Any attempt to sublicense, rent, lease or assign, or except as expressly provided herein, to transfer any copy of the Software is void. You agree that you are responsible for payment of any taxes, including personal property taxes, resulting from this agreement. No action, regardless of form, arising out of the Agreement may be brought by either party more than two years after the cause of action has arisen except for breach of the provisions in the Section entitled Lexmark Software License in which event four years shall apply. This agreement will be contrued under the Uniform Commercial Code of the State of New York. UNITED STATES GOVERNMENT RESTRICTED RIGHTS The software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFATS 252.227-7013 and in applicable FAR provisions: LEXMARK INTERNATIONAL, INC.; Greenwich, Connecticut 06836.