Lexmark X864 PKI-Enabled Device Installation and Configuration Guide - Page 35

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 non-exclusively by the laws of the country in which you acquired the Software Program (or, if that country has a federal system of government, then this Agreement will be governed by the laws of the political subdivision in which you acquired the Software). If you acquired the Software in the United States, the laws of the Commonwealth of Kentucky shall govern. No choice of law rules in any jurisdiction will apply. 14 UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Software has been developed entirely at private expense and is provided with RESTRICTED RIGHTS. Use, duplication and 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 DFARS 252.227-7013 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 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. 18 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. Additional copyrights This product includes software developed by: Copyright (c) 2002 Juha Yrjola. All rights reserved. Copyright (c) 2001 Markus Friedl Notices 35