Lexmark X203n Embedded Web Server Administrator's Guide - Page 37

For Loss Of Privacy Arising Out Or In Any Way Related To The Use Of Or Inability To Use The Software

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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, 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. 8 LIMITATION OF REMEDIES. To the maximum extent permitted by applicable law, the entire liability of Lexmark, its suppliers, affiliates, and resellers, and your exclusive remedy shall be as follows: Lexmark will provide the express limited warranty described above. If Lexmark does not remedy defective media as warranted, you may terminate your license and your money will be refunded upon the return of all of your copies of the Software Program. 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 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 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. Notices 37

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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, 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.
8
LIMITATION OF REMEDIES. To the maximum extent permitted by applicable law, the entire liability of Lexmark,
its suppliers, affiliates, and resellers, and your exclusive remedy shall be as follows: Lexmark will provide the
express limited warranty described above. If Lexmark does not remedy defective media as warranted, you may
terminate your license and your money will be refunded upon the return of all of your copies of the Software
Program.
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 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 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.
Notices
37