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Appendix D: Warranty
Limitation of Liability
Your sole remedy under this Statement of Limited Warranty is set forth in this section.
For any claim concerningperformance or nonperformance ofLexmark or a Remarketer
for this product under this Statement of Limited Warranty, you may recover actual
damages up to the limit set forth in the following paragraph.
Lexmark's liability foractual damages from any cause whatsoeverwill be limitedto the
greater of 1) $5,000 or 2) the amount you paidfor the product that caused the damages.
This limitationof liabilitywill notapply toclaims byyou forbodily injuryor damageto
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 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 any developer of materials supplied to Lex-
mark. Lexmark’s and the developer’s limitations of remedies are not cumulative. Such
developer is an intended beneficiary 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. If such laws
apply, the limitations or exclusions contained in this statement may not apply to you.
Thiswarranty givesyouspecificlegal rights.Youmayalsohave otherrightswhichvary
from state to state.