Lexmark 25A0591, C736 manual 205

Notices 205

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.

1STATEMENT 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.

2DISCLAIMER 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.

3LIMITATION 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.

4U.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.