Lexmark X6570 User's Guide - Page 211

9 LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, for any claim arising out of Lexmark's limited warranty, or for any other claim whatsoever related to the subject matter of this Agreement, Lexmark's and its suppliers' liability for all types of damages, regardless of the form of action or basis (including contract, breach, estoppel, negligence, misrepresentation, or tort), shall be limited to the greater of $5,000 or the money paid to Lexmark or its Authorized remarketers for the license hereunder for the Software Program that caused the damages or that is the subject matter of, or is directly related to, the cause of action. IN NO EVENT WILL LEXMARK, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY ARISING OUT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PROGRAM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS LICENCE AGREEMENT), REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LEXMARK, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. 10 TERM. This 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 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 Agreement or your Use of the Software Program. 12 LIMITATION ON ACTIONS. No action, regardless of form, arising out of this 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 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 is as set forth in this 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 License Agreement electronically. This means that when you click the "Agree" or "Yes" button on this page or use this product, you acknowledge your agreement to these 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 License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract. 19 ENTIRE AGREEMENT. This License Agreement (including any addendum or amendment to this 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 License Agreement (except to the extent such extraneous terms do not conflict with the terms of this 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 License Agreement, the terms of this License Agreement shall control. 211