Lexmark 4900 Series User Manual

Page 142

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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.

3

LICENSE GRANT. Lexmark grants you the following rights provided you comply with all terms and conditions of

this License Agreement:

a

Use. You may Use one (1) copy of the Software Program. The term “Use” means storing, loading, installing,

executing, or displaying the Software Program. If Lexmark has licensed the Software Program to you for

concurrent use, you must limit the number of authorized users to the number specified in your agreement

with Lexmark. You may not separate the components of the Software Program for use on more than one

computer. You agree that you will not Use the Software Program, in whole or in part, in any manner that has

the effect of overriding, modifying, eliminating, obscuring, altering or de-emphasizing the visual appearance

of any trademark, trade name, trade dress or intellectual property notice that appears on any computer display

screens normally generated by, or as a result of, the Software Program.

b

Copying. You may make one (1) copy of the Software Program solely for purposes of backup, archiving, or

installation, provided the copy contains all of the original Software Program’s proprietary notices. You may

not copy the Software Program to any public or distributed network.

Notices

142

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