Lexmark 436 User Manual

Page 225

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LEXMARK SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS

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 AGREEMENTS. IF YOU DO NOT
AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS, 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.

DEVICE LICENSE AGREEMENT

The patented printer is licensed for, and designed to work with only genuine Lexmark toner cartridges and developer
components for the life of the patented printer. Under this patent license, you agree to: (1) use only genuine Lexmark
toner cartridges and developer components with this printer except as otherwise provided below, and (2) pass this
license/agreement to any subsequent user of this printer. The patented Lexmark toner cartridges and developer
components inside are licensed subject to a restriction that they may be used only once. Following their initial use, you
agree to return them only to Lexmark for recycling. Lexmark toner cartridges are designed to stop working after a
delivering a fixed amount of toner. A variable amount of toner may remain in them when replacement is required.
Replacement toner cartridge(s) sold without these terms are available through www.lexmark.com, may be refilled by
you, or a third party, as the only cartridge alternative to be used with the licensed printer.

LEXMARK SOFTWARE LICENSE AGREEMENT

This Software 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 WARRATIES 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.

Notices

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