MarkVision for UNIX Networks MarkVision for UNIX Intranet Servers License Agreement The MarkVision for UNIX Networks server program contained in this package is licensed for use only on a single UNIX computer at a time. This program and the accompanying materials are copyrighted. You may make a single copy solely for backup purposes or installation. The MarkVision for UNIX networks client program contained in this package is licensed for use on an unlimited number of UNIX computers and may be copied freely as required. The MarkVision for UNIX Intranet Servers program contained in this package is licensed for installation on an unlimited number of UNIX computers and may be used on an unlimited number of client computers. The program may be copied freely as required. LIMITED WARRANTY Warranty details and limitations for the hardware which contains 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. With regard to Software contained in a disk or diskette, LEXMARK provides a three-month limited warranty, as measured from the date of delivery to the original customer, on the media for all Software. With the exception of the foregoing express warranties applicable to hardware and media only, the Software is not warranted and is provided "AS IS." SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states 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: 1 LEXMARK will provide the warranty described in LEXMARK's Statement of Limited Warranty. 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. Lexmark and MarkVision are trademarks of Lexmark International, Inc. registered in the United States and/or other countries. All other trademarks are the property of their respective owners. 2 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, 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. 3 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 Authorized remarketers have been advised of the possibility of such damages, or for any claim by you based on a third party claim. Some states do not allow the limitation or exclusion of incidental or consequential damages so the above limitation or exclusion may not apply to you. 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 except for breach of the provisions in the Section entitled "License" in which event four years shall apply. This Agreement will be construed under the Uniform Commercial Code of the State of New York. UNITED STATES GOVERNMENT RESTRICTED RIGHTS This software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or 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 applicable FAR provisions: Lexmark International, Inc. ************************************************************************* Lexmark and MarkVision are trademarks of Lexmark International, Inc. registered in the United States and/or other countries. All other trademarks are the property of their respective owners. This publication is printed on recycled paper. P/N 13A2123 Printed in U.S.A. 5/97 EC 543072 (c) Copyright Lexmark International, Inc. 1997. All Rights Reserved. *************************************************************************