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LEXMARK SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL
THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT. IF YOU DO NOT
AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT, PROMPTLY RETURN THE
PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID. IF YOU ARE INSTALLING THIS PRODUCT FOR
USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE PRODUCT INDICATES ACCEPTANCE OF
THESE TERMS.
LEXMARK SOFTWARE LICENSE AGREEMENT
This License Agreement (“Software License Agreement”) is a legal agreement between you (either an individual or a
single entity) and Lexmark International, Inc. (“Lexmark”) that, to the extent your Lexmark product or Software Program
is not otherwise subject to a written software license agreement between you and Lexmark or its suppliers, governs
your use of any Software Program installed on or provided by Lexmark for use in connection with your Lexmark product.
The term “Software Program” includes machine-readable instructions, audio/visual content (such as images and
recordings), and associated media, printed materials and electronic documentation, whether incorporated into,
distributed with or for use with your Lexmark product.
1 STATEMENT OF SOFTWARE 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.
2 DISCLAIMER AND LIMITATION OF WARRANTIES. EXCEPT AS PROVIDED IN THIS SOFTWARE 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. TO THE
EXTENT LEXMARK CANNOT BY LAW DISCLAIM ANY COMPONENT OF THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LEXMARK LIMITS THE DURATION OF SUCH
WARRANTIES TO THE 90-DAY TERM OF THE EXPRESS SOFTWARE LIMITED WARRANTY.
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: providing you a replacement copy of the Software Program or reimbursement
of the price paid for the Software Program.
The Software Program may include internet links to other software applications and/or internet web pages hosted
and operated by third parties unaffiliated with Lexmark. You acknowledge and agree that Lexmark is not responsible
in any way for the hosting, performance, operation, maintenance, or content of, such software applications and/or
internet web pages.
3 LIMITATION OF REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF
LEXMARK UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID
FOR THE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). YOUR SOLE
REMEDY AGAINST LEXMARK IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL BE TO SEEK TO
RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LEXMARK SHALL BE RELEASED AND DISCHARGED
OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.
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
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