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Chip 1998 March
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CHIPCD_3_98.iso
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lexmark
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2070pl
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cj2070wp.exe
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LICENSE.TXT
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1996-02-28
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6KB
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130 lines
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.