Lexmark 5300 User Manual

Page 175

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.

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.

LICENSE GRANT. Lexmark grants you the following rights provided you comply with all terms and conditions of
this License Agreement:

Use. You may Use one (1) 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.

Copying. You may make one (1) copy of the Software Program solely for purposes of backup, archiving, or
installation, provided the copy contains all of the original Software Program’s proprietary notices. You may
not copy the Software Program to any public or distributed network.

Reservation of Rights. The Software Program, including all fonts, is copyrighted and owned by Lexmark
International, Inc. and/or its suppliers. Lexmark reserves all rights not expressly granted to you in this License
Agreement.

Freeware. Notwithstanding the terms and conditions of this License Agreement, all or any portion of the
Software Program that constitutes software provided under public license by third parties (“Freeware”) is
licensed to you subject to the terms and conditions of the software license agreement accompanying such
Freeware, whether in the form of a discrete agreement, shrink-wrap license, or electronic license terms at the
time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such
license.

TRANSFER. You may transfer the Software Program to another end-user. Any transfer must include all software
components, media, printed materials, and this License Agreement and you may not retain copies of the Software
Program or components thereof. The transfer may not be an indirect transfer, such as a consignment. Prior to the
transfer, the end-user receiving the transferred Software Program must agree to all these License Agreement
terms. Upon transfer of the Software Program, your license is automatically terminated. You may not rent,
sublicense, or assign the Software Program except to the extent provided in this License Agreement, and any
attempt to do so shall be void.

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.

Notices

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