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.
4
U.S.A. STATE LAWS
. This Software Limited Warranty gives you specific legal rights. You may also have other
rights that vary from state to state. Some states do not allow limitations on how long an implied warranty lasts
or the exclusion of limitation of incidental or consequential damages, so the above limitations may not apply to
you.
5
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
Notices
138
