Lexmark X864 PKI-Enabled Device Installation and Configuration Guide - Page 33

Notices GNU Lesser General Public License View the GNU Lesser General Public License online at http://www.gnu.org/licenses/lgpl.html. LEXMARK SOFTWARE LICENSE AGREEMENT PLEASE READ CAREFULLY BEFORE INSTALLING AND/OR USING THIS SOFTWARE: This Software License Agreement ("License Agreement") is a legal agreement between you (either an individual or a single entity) and Lexmark International, Inc. ("Lexmark") that, to the extent your Lexmark product or Software Program is not otherwise subject to a written software license agreement between you and Lexmark or its suppliers, governs your use of any Software Program installed on or provided by Lexmark for use in connection with your Lexmark product. The term "Software Program" includes machine-readable instructions, audio/visual content (such as images and recordings), and associated media, printed materials and electronic documentation. BY USING AND/OR INSTALLING THIS SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT SO AGREE, DO NOT INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID. IF YOU ARE INSTALLING THIS SOFTWARE PROGRAM FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE SOFTWARE PROGRAM INDICATES ACCEPTANCE OF THESE TERMS. 1 STATEMENT OF LIMITED WARRANTY. Lexmark warrants that the media (e.g., diskette or compact disk) on which the Software Program (if any) is furnished is free from defects in materials and workmanship under normal use during the warranty period. The warranty period is ninety (90) days and commences on the date the Software Program is delivered to the original end-user. This limited warranty applies only to Software Program media purchased new from Lexmark or an Authorized Lexmark Reseller or Distributor. Lexmark will replace the Software Program should it be determined that the media does not conform to this limited warranty. 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 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. Notices 33