Lexmark X463 User's Guide - Page 310

LEXMARK SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS, Limitation of liability, Additional rights

Page 310 highlights

Notices 310 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 SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND 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. DEVICE LICENSE AGREEMENT The patented printer is licensed for, and designed to work with only genuine Lexmark toner cartridges and developer components for the life of the patented printer. Under this patent license, you agree to: (1) use only genuine Lexmark toner cartridges and developer components with this printer except as otherwise provided below, and (2) pass this license/agreement to any subsequent user of this printer. The patented Lexmark toner cartridges and developer components inside are licensed subject to a restriction that they may be used only once. Following their initial use, you agree to return them only to Lexmark for recycling. Lexmark toner cartridges are designed to stop working after a delivering a fixed amount of toner. A variable amount of toner may remain in them when replacement is required. Replacement toner cartridge(s) sold without these terms are available through www.lexmark.com, may be refilled by you, or a third party, as the only cartridge alternative to be used with the licensed printer. LEXMARK SOFTWARE LICENSE AGREEMENT This Software License Agreement ("Software 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

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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 SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS
PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL
THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS. IF YOU DO NOT
AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND 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.
DEVICE LICENSE AGREEMENT
The patented printer is licensed for, and designed to work with only genuine Lexmark toner cartridges and developer
components for the life of the patented printer. Under this patent license, you agree to: (1) use only genuine Lexmark
toner cartridges and developer components with this printer except as otherwise provided below, and (2) pass this
license/agreement to any subsequent user of this printer. The patented Lexmark toner cartridges and developer
components inside are licensed subject to a restriction that they may be used only once. Following their initial use, you
agree to return them only to Lexmark for recycling. Lexmark toner cartridges are designed to stop working after a
delivering a fixed amount of toner. A variable amount of toner may remain in them when replacement is required.
Replacement toner cartridge(s) sold without these terms are available through www.lexmark.com, may be refilled by
you, or a third party, as the only cartridge alternative to be used with the licensed printer.
LEXMARK SOFTWARE LICENSE AGREEMENT
This Software License Agreement (“Software 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
Notices
310