Lexmark 5000 Series - Manual (Page 162)

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.
c Reservation of Rights. The Software Program, including all fonts, is copyrighted and owned by Lexmark International, Inc. and/
or its suppliers. Lexmark reserves all rights not expressly granted to you in this License Agreement.
d Freeware. Notwithstanding the terms and conditions of this License Agreement, all or any portion of the Software Program that
constitutes software provided under public license by third parties (“Freeware”) is licensed to you subject to the terms and
conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement, shrink-
wrap license, or electronic license terms at the time of download. Use of the Freeware by you shall be governed entirely by the
terms and conditions of such license.
4 TRANSFER. You may transfer the Software Program to another end-user. Any transfer must include all software components, media,
printed materials, and this License Agreement and you may not retain copies of the Software Program or components thereof. The
transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end-user receiving the transferred Software
Program must agree to all these License Agreement terms. Upon transfer of the Software Program, your license is automatically
terminated. You may not rent, sublicense, or assign the Software Program except to the extent provided in this License Agreement,
and any attempt to do so shall be void.
5 UPGRADES. To Use a Software Program identified as an upgrade, you must first be licensed to the original Software Program
identified by Lexmark as eligible for the upgrade. After upgrading, you may no longer use the original Software Program that formed
the basis for your upgrade eligibility.
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