Lexmark 26C0000 User Manual - Page 174

Consent To Use Of Data, Capacity And Authority To Contract

Page 174 highlights

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. 17 AGREEMENT TO CONTRACT ELECTRONICALLY. You and Lexmark agree to form this Software License Agreement electronically. This means that when you click the "Agree" or "I accept" button on this page or use this product, you acknowledge your agreement to these Software License Agreement terms and conditions and that you are doing so with the intent to "sign" a contract with Lexmark. 18 CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in the place you sign this Software License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract. 19 ENTIRE AGREEMENT. This Software License Agreement (including any addendum or amendment to this Software License Agreement that is included with the Software Program) is the entire agreement between you and Lexmark relating to the Software Program. Except as otherwise provided for herein, these terms and conditions supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Program or any other subject matter covered by this Software License Agreement (except to the extent such extraneous terms do not conflict with the terms of this Software License Agreement, any other written agreement signed by you and Lexmark relating to your Use of the Software Program). To the extent any Lexmark policies or programs for support services conflict with the terms of this Software License Agreement, the terms of this Software License Agreement shall control. Notices 174

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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.
17
AGREEMENT TO CONTRACT ELECTRONICALLY
. You and Lexmark agree to form this Software License
Agreement electronically. This means that when you click the “Agree” or “I accept” button on this page or use
this product, you acknowledge your agreement to these Software License Agreement terms and conditions and
that you are doing so with the intent to “sign” a contract with Lexmark.
18
CAPACITY AND AUTHORITY TO CONTRACT
. You represent that you are of the legal age of majority in the place
you sign this Software License Agreement and, if applicable, you are duly authorized by your employer or principal
to enter into this contract.
19
ENTIRE AGREEMENT
. This Software License Agreement (including any addendum or amendment to this
Software License Agreement that is included with the Software Program) is the entire agreement between you
and Lexmark relating to the Software Program. Except as otherwise provided for herein, these terms and
conditions supersede all prior or contemporaneous oral or written communications, proposals, and
representations with respect to the Software Program or any other subject matter covered by this Software
License Agreement (except to the extent such extraneous terms do not conflict with the terms of this Software
License Agreement, any other written agreement signed by you and Lexmark relating to your Use of the Software
Program). To the extent any Lexmark policies or programs for support services conflict with the terms of this
Software License Agreement, the terms of this Software License Agreement shall control.
Notices
174