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Lexmark's liability for actual damages from any cause whatsoever will be limited to the amount you paid for the product
that caused the damages. This limitation of liability will not apply to claims by you for bodily injury or damage to real
property or tangible personal property for which Lexmark is legally liable. IN NO EVENT WILL LEXMARK BE LIABLE FOR
ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL DAMAGE, OR OTHER ECONOMIC OR CONSEQUENTIAL DAMAGES.
This is true even if you advise Lexmark or a Remarketer of the possibility of such damages. Lexmark is not liable for any
claim by you based on a third party claim.
This limitation of remedies also applies to claims against any Suppliers and Remarketers of Lexmark. Lexmark's and its
Suppliers' and Remarketers' limitations of remedies are not cumulative. Such Suppliers and Remarketers are intended
beneficiaries of this limitation.
Additional rights
Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation
of incidental or consequential damages, so the limitations or exclusions contained above may not apply to you.
This limited warranty gives you specific legal rights. You may also have other rights that vary from state to state.
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.
Notices
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