Lexmark 1500 Series - Manual (Page 114)

Limitation of liability
Your sole remedy under this limited warranty is set forth in this document. For any claim concerning performance or nonperformance of
Lexmark or a Remarketer for this product under this limited warranty, you may recover actual damages up to the limit set forth in the
following paragraph.
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 LICENSE AGREEMENTS
PLEASE READ CAREFULLY: BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS
OF THESE LICENSE AGREEMENTS. IF YOU DO NOT AGREE WITH THE TERMS OF THESE 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.
CARTRIDGE LICENSE AGREEMENT
I agree that the patented print cartridge(s) shipped with this printing device are sold subject to the following license/agreement: The
patented print cartridge(s) contained inside is/are licensed for a single use only and is/are designed to stop working after delivering a
fixed amount of ink. A variable amount of ink will remain in the cartridge when replacement is required. After this single use, the license
to use the print cartridge terminates, and the used cartridge must be returned only to Lexmark for remanufacturing, refilling or recycling.
If I buy another cartridge in the future that is sold subject to the above terms, I accept such terms as to that cartridge. If you do not accept
the terms of this single use license/agreement; return this product in its original packaging to your point of purchase. A replacement
cartridge sold without these terms is available at www.lexmark.com.
LEXMARK SOFTWARE LICENSE AGREEMENT
This Software License Agreement (“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 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 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. 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: replacement of the Software Program or reimbursement
of the price paid for the Software Program.
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