Standard License Agreement

BEFORE INSTALLING THIS PRODUCT, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.  INSTALLATION OF THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THEM, PROMPTLY RETURN THE PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID.  IF YOU ARE INSTALLING THIS SOFTWARE FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE SOFTWARE INDICATES ACCEPTANCE OF THESE TERMS.

LICENSE

The software programs ("Software") contained in this package are copyrighted and owned by Lexmark International, Inc. ("Lexmark") and/or its vendors, and are licensed (not sold) to you by Lexmark for use on an unlimited number of computers.  Software consists of machine-readable instructions, audio/visual content (such as images and recordings) and accompanying materials.  You may make a single copy of the Software solely for backup purposes or installation.  You may not alter, decrypt, reverse assemble, reverse compile or otherwise translate the Software.  You may not copy the Software into any public network.  You may not sublicense or rent this Software to any third party, but you may transfer all of your rights under this Agreement if you retain no copies and transfer all of the Software and this Agreement, provided that the recipient agrees to the terms of this Agreement.

STATEMENT OF LIMITED WARRANTY

Warranty details and limitations for any printer hardware which may contain the 
Software are described in the Statement of Limited Warranty which was supplied 
with the hardware or is available upon request from Lexmark or its Authorized 
remarketers.  Lexmark provides a three-month limited warranty, as measured from 
the date of delivery to the original customer, on the media (e.g., diskette or compact disk) on which the Software is furnished.  WITH THE EXCEPTION OF THE EXPRESS WARRANTIES DESCRIBED ABOVE (APPLICABLE TO PRINTER HARDWARE AND MEDIA ONLY), THE SOFTWARE IS NOT WARRANTED AND IS PROVIDED "AS IS."  THE WARRANTIES DESCRIBED ABOVE REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF REMEDIES

Lexmark's entire liability and your exclusive remedy shall be as follows:

Lexmark will provide the express 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.

For any claim arising out of Lexmark's limited warranty, or for any other claim 
whatsoever related to the subject matter of these terms, Lexmark's liability for actual damages, regardless of the form of action or basis (including breach, negligence, misrepresentation or other tort), shall be limited to the greater of $5,000 or the money paid to Lexmark or its Authorized remarketers for the license for the Software that caused the damages or that is the subject matter of, or is directly related to, the cause of action.  This limitation will not apply to claims for personal injury or damages to real or tangible personal property caused by Lexmark's negligence.

IN NO EVENT WILL LEXMARK BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL DAMAGES OR OTHER CONSEQUENTIAL DAMAGES, EVEN IF LEXMARK OR ITS REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM.  

Some jurisdictions do not allow the limitation or exclusion of incidental or 
consequential damages so the above limitation or exclusion may not apply to you.

IN NO EVENT WILL LEXMARK OR ANY OF ITS SUBSIDIARIES OR RESELLER BE LIABLE FOR ANY INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS.

GENERAL

You may terminate your license at any time by destroying all your copies of the 
Software or as otherwise described in these terms.  Lexmark may terminate your 
license if you fail to comply with these terms.  Upon such termination, you agree to destroy all your copies of the Software.  Any attempt to sublicense, rent, lease or assign, or (except as expressly provided herein) to transfer any copy of the Software is void.

You agree that you are responsible for payment of any taxes, including personal 
property taxes, resulting from this Agreement.  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.  This Agreement is governed by the laws of the country in which you acquired the Software.  If you acquired the Software in the United States, the law of the Commonwealth of Kentucky shall govern.

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).