Lexmark 5470 User's Guide - Page 190

LEXMARK LICENSE AGREEMENTS, Limitation of liability, Additional rights, CARTRIDGE LICENSE AGREEMENT

Page 190 highlights

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. Notices 190

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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.
Notices
190