Lexmark Prevail Pro705 User's Guide - Page 174

2 DISCLAIMER AND LIMITATION OF WARRANTIES. EXCEPT AS PROVIDED IN THIS LICENSE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXMARK AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. This Agreement is to be read in conjunction with certain statutory provisions, as that may be in force from time to time, that imply warranties or conditions or impose obligations on Lexmark that cannot be excluded or modified. If any such provisions apply, then to the extent Lexmark is able, Lexmark hereby limits its liability for breach of those provisions to one of the following: replacement of the Software Program or reimbursement of the price paid for the Software Program. 3 LICENSE GRANT. Lexmark grants you the following rights provided you comply with all terms and conditions of this 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 License Agreement. d Freeware. Notwithstanding the terms and conditions of this 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. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license. 4 TRANSFER. You may transfer the Software Program to another end-user. Any transfer must include all software components, media, printed materials, and this License Agreement and you may not retain copies of the Software Program or components thereof. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end-user receiving the transferred Software Program must agree to all these License Agreement terms. Upon transfer of the Software Program, your license is automatically terminated. You may not rent, sublicense, or assign the Software Program except to the extent provided in this License Agreement, and any attempt to do so shall be void. 5 UPGRADES. To Use a Software Program identified as an upgrade, you must first be licensed to the original Software Program identified by Lexmark as eligible for the upgrade. After upgrading, you may no longer use the original Software Program that formed the basis for your upgrade eligibility. 6 LIMITATION ON REVERSE ENGINEERING. You may not alter, decrypt, reverse engineer, reverse assemble, reverse compile or otherwise translate the Software Program, except as and to the extent expressly permitted to do so by applicable law for the purposes of inter-operability, error correction, and security testing. If you have such statutory rights, you will notify Lexmark in writing of any intended reverse engineering, reverse assembly, or reverse compilation. You may not decrypt the Software Program unless necessary for the legitimate Use of the Software Program. 7 ADDITIONAL SOFTWARE. This License Agreement applies to updates or supplements to the original Software Program provided by Lexmark unless Lexmark provides other terms along with the update or supplement. Notices 174