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 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 LICENSE 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
Notices
142
