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Appendix D: WarrantyLimitation of Liability
Yoursole remedy under this Statement of Limited Warrantyis set forth in this section.
Forany claim concerning performance or nonperformance of Lexmark or a Remarketer
forthis product under this Statement of Limited Warranty,you may recover actual
damagesup to the limit set forth in the following paragraph.
Lexmark'sliability for actual damages from any cause whatsoever will be limited to the
greaterof 1) $5,000 or 2) the amount you paid for the product that caused the damages.
Thislimitation of liability will not apply to claims by you for bodily injury or damage to
realproperty or tangible personal property for which Lexmark is legally liable. In no
eventwill Lexmark be liable for any lost profits, lost savings, incidental damage, or
othereconomic consequential damages. This is true even if you advise Lexmark or a
Remarketerof the possibility of such damages. Lexmark is not liable for any claim by
youbased on a third party claim.
Thislimitation of remedies also applies to any developer of materials supplied to Lex-
mark.Lexmark’s and the developer’s limitations of remedies are not cumulative. Such
developeris an intended beneficiary of this limitation.
Additional Rights
Somestates do not allow limitations on how long an implied warranty lasts, or do not
allowthe exclusion or limitation of incidental or consequential damages. If such laws
apply,the limitations or exclusions contained in this statement may not apply to you.
Thiswarranty gives you specific legal rights. Youmay also have other rights which vary
fromstate to state.