License Agreement IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, 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 including all fonts ("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. You agree that you will not use, run, manipulate, install or implement the Software, 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. STATEMENT OF LIMITED WARRANTY 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 WARRANTY DESCRIBED ABOVE (APPLICABLE TO MEDIA ONLY), THE SOFTWARE IS NOT WARRANTED AND IS PROVIDED "AS IS." THE WARRANTY DESCRIBED ABOVE REPLACES 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, including that of its vendors, subsidiaries and resellers, 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 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 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 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). ADDITIONAL LICENSE TERMS FOR SUN MICROSYSTEMS, INC. SOFTWARE In addition, with respect to any Sun Microsystems, Inc. software ("Sun Software") licensed hereunder, the following terms apply: 1. LICENSE RESTRICTIONS. The Sun Software is licensed to Licensee only under the terms of this Agreement, and Sun reserves all rights not expressly granted to Licensee. Licensee may not use, copy, modify, or transfer the Sun Software, or any copy thereof, except as expressly provided for in this Agreement. Except as otherwise provided by law for purposes of decompilation of the Sun Software solely for inter-operability, Licensee may not reverse engineer, disassemble, decompile, or translate the Sun Software, or otherwise attempt to derive the source code of the Sun Software. Licensee may not rent, lease, loan, or sell the Sun Software, or any part of the Software. No right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun's licensors is granted hereunder. 2. AIRCRAFT PRODUCT AND NUCLEAR APPLICATIONS RESTRICTION. Sun Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. Licensee warrants that it will not use or redistribute the Sun Software for such purposes. 3. NO WARRANTY. The Sun Software is provided to licensee "AS IS". All express or implied conditions, representations, and warranties, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. 4. LIMITATION OF DAMAGES. To the extent not prohibited by applicable law, Sun's aggregate liability to Licensee or to any third party for claims relating to this agreement, whether for breach or in tort, will be limited to the fees paid by Licensee for Sun Software which is the subject matter of the claims. In no event will Sun be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if Sun has been previously advised of the possibility of such damage. Liability for damages will be limited and excluded, even if any exclusive remedy provided for in this Agreement fails of its essential purpose. 5. GOVERNMENT USER. Rights in Data: If procured by, or provided to, the U.S. Government, use, duplication, or disclosure of technical data is subject to restrictions as set forth in DFARS 252.227-7013(c) (1) (ii), FAR 52.227-14(g)(2), Rights in Data-General (June 1987); and for computer software and computer software documentation, FAR 52-227-19, Commercial Computer Software-Restricted Rights (June 1987). However, if under DOD, use, duplication, or disclosure of technical data is subject to DFARS 252.227-7015(b), Technical Data-Commercial Items (June 1995); and for computer software and computer software documentation, as specified in the license under which the computer software was procured pursuant to DFARS 227.7202-3(a). Licensee shall not provide Sun Software nor technical data to any third party, including the U.S. Government, unless such third party accepts the same restrictions. Licensee is responsible for ensuring that proper notice is given to all such third parties and that the Sun Software and technical data are properly marked. 6. EXPORT LAW. Licensee acknowledges and agrees that the Sun Software and/or technology is subject to the U.S. Export Administration Laws and Regulations. Diversion of such Sun Software and/or technology contrary to U.S. law is prohibited. Licensee agrees that none of the Sun Software and/or technology, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Sun, and Licensee must comply with the list as it exists in fact. Licensee certifies that it is not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. Licensee agrees to comply strictly with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or reexport as may be required. Licensee is responsible for complying with any applicable local laws and regulations, including but not limited to, the export and import laws and regulations of other countries. 7. TRADEMARKS AND LOGOS. This Agreement does not authorize Licensee to use any Sun name, trademark or logo. Licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to: (i) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Licensee in any Java Mark. 8. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Sun Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Sun Software. 9. GOVERNING LAW. Any action related to the Sun Software will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 10. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, This Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 11. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.