Lexmark X543 User's Guide - Page 247

DEVICE PATENT LICENSE, Limitation of liability, Additional rights

Page 247 highlights

-Maintenance by anyone other than Lexmark or a Lexmark authorized servicer -Operation of a product beyond the limit of its duty cycle -Use of printing media outside of Lexmark specifications -Refurbishment, repair, refilling or remanufacture by a third party of products, supplies or parts -Products, supplies, parts, materials (such as toners and inks), 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. DEVICE PATENT LICENSE Lexmark reserves the right to discontinue selling these toner cartridges any time after it discontinues service support for this printer. IMPORTANT: PLEASE READ BEFORE OPENING: Opening this package, installing the printing device software, or using the products inside confirms your acceptance of the following licenses/agreements: License: The patented printer inside is licensed for, and designed to work with only genuine Lexmark toner cartridges and developer components for the life of the patented printer. 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, Notices 247

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—Maintenance by anyone other than Lexmark or a Lexmark authorized servicer
—Operation of a product beyond the limit of its duty cycle
—Use of printing media outside of Lexmark specifications
—Refurbishment, repair, refilling or remanufacture by a third party of products, supplies or parts
—Products, supplies, parts, materials (such as toners and inks), 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.
DEVICE PATENT LICENSE
Lexmark reserves the right to discontinue selling these toner cartridges any time after it discontinues service support
for this printer.
IMPORTANT: PLEASE READ BEFORE OPENING:
Opening this package, installing the printing device software, or
using the products inside confirms your acceptance of the following licenses/agreements:
License:
The patented printer inside is licensed for, and designed to work with only genuine Lexmark toner cartridges
and developer components for the life of the patented printer. 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,
Notices
247