LEXMARK SOFTWARE LICENSE AGREEMENT
This 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
WARRANTIES 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.
The Software Program may include internet links to other software applications and/or internet web pages
hosted and operated by third parties unaffiliated with Lexmark. You acknowledge and agree that Lexmark is not
responsible in any way for the hosting, performance, operation, maintenance, or content of, such software
applications and/or internet web pages.
3
LIMITATION OF REMEDY
. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY
OF LEXMARK UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE
PRICE PAID FOR THE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY).
YOUR SOLE REMEDY AGAINST LEXMARK IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL BE
TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LEXMARK SHALL BE RELEASED AND
DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.
IN NO EVENT WILL LEXMARK, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED
TO LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR
DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE
PROPERTY, FOR LOSS OF PRIVACY ARISING OUT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE PROGRAM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS SOFTWARE LICENSE
AGREEMENT), REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF
WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LEXMARK, OR ITS
SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS
DETERMINED LEGALLY INVALID. THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES
FAIL OF THEIR ESSENTIAL PURPOSE.
Notices
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