Lexmark 6500 Series manual Limitation of liability, 209

—Operation of a product beyond the limit of its duty cycle —Use of printing media outside of Lexmark specifications —Supplies (such as ink) not furnished by Lexmark

—Products, components, parts, materials, software, or interfaces not furnished by Lexmark

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LEXMARK NOR ITS THIRD PARTY SUPPLIERS OR REMARKETERS MAKE ANY OTHER WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. ANY WARRANTIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES, EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD. ALL INFORMATION, SPECIFICATIONS, PRICES, AND SERVICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

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.

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