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 PROMPTLY RETURN THE PACKAGE UNUSED
AND YOUR MONEY WILL BE REFUNDED.
This is a License Agreement and not an agreement for sale. LEXMARK owns or has licensed from other owners, copyrights in the microcode, computer programs, and coded fonts including bitmap font data and outline fonts (collectively, the Software)
contained in this printer or 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. 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;
2. 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
3. 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. sublicense, rent, lease or assign the Software or any copy thereof.
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 construed 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.; Lexington, Kentucky 40550.
