Lexmark-EU2-0111
LEXMARK SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE USING AND INSTALLING THIS SOFTWARE PROGRAM OR USING THIS PRODUCT: BY
USING THIS SOFTWARE PROGRAM OR 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, DO NOT INSTALL,
COPY, DOWNLOAD THE SOFTWARE PROGRAM OR OTHERWISE USE THE PRODUCT. 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 SOFTWARE PROGRAM OR
PRODUCT FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE SOFTWARE PROGRAM OR
PRODUCT INDICATES ACCEPTANCE OF THESE TERMS.
FIRMWARE UPDATES
FIRMWARE UPDATES MAY MODIFY PRINTER SETTINGS AND CAUSE COUNTERFEIT AND/OR UNAUTHORIZED PRODUCTS,
SUPPLIES, PARTS, MATERIALS (SUCH AS TONERS AND INKS), SOFTWARE, OR INTERFACES TO STOP WORKING.
RETURN PROGRAM AGREEMENT TERMS
Your Lexmark device is subject to the Lexmark Return Program agreement terms, which can be found at
www.lexmark.com/printerlicense.
SOFTWARE LICENSE AGREEMENT
This Software Limited Warranty and License Agreement ("Software License Agreement") is a legal
agreement between you (either an individual or a single entity) and Lexmark International, Inc. and
Lexmark International Technology Sarl ("Licensor") that to the extent your Licensor product or
Software Program is not otherwise subject to a written software license agreement between you and
Licensor or its suppliers, governs your use of any Software Program installed on or provided by
Licensor for use in connection with your Licensor 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 Licensor product.
1. STATEMENT OF SOFTWARE LIMITED WARRANTY. Licensor warrants that media (e.g., diskette or
compact disk) on which the Software Program is furnished, if any, 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 Licensor or an
Authorized Licensor Reseller or Distributor. Licensor will replace the Software Program should it
be determined that the media does not conform to this limited warranty.
2. DISCLAIMER AND LIMITATION OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
LICENSOR 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. LICENSOR: (x) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY
OF THE SOFTWARE PROGRAM AND (y) ASSUMES NO RESPONSIBILITY THAT THE SOFTWARE PROGRAM WILL BE FIT FOR
ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE ACQUIRING IT, EXCEPT AS OTHERWISE PROVIDED IN THIS
DISCLAIMER.
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 Licensor that
cannot be excluded or modified. If any such provisions apply, then to the extent Licensor is able,
Licensor 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 greater of the
price paid for the Software Program or five U.S. dollars (or the equivalent in local currency).
The Software Program may include internet links to other software applications and/or Internet
sites hosted and operated by third parties unaffiliated with Licensor. You acknowledge and agree
that Licensor is not responsible in any way for the hosting, performance, operation, maintenance,
or content of, such software applications and/or Internet sites.
3. LIMITATION OF REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL
LIABILITY OF LICENSOR 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 LICENSOR IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT
SHALL BE TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LICENSOR SHALL BE RELEASED
AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.
IN NO EVENT WILL LICENSOR, 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), IN CONNECTION WITH THE SOFTWARE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY
SUCH DAMAGES RESULTING FROM (a) THE USE OR INABILITY TO USE THE SOFTWARE PROGRAM, (b) THE COST OF
PROCURING SUBSTITUTE SOFTWARE, OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT,
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 LICENSOR, 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.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS.
4. LICENSE GRANT. Licensor grants you the following rights provided you comply with all terms
and conditions of this Software License Agreement:
a. Use. You may Use one (1) copy of the Software Program. The term "Use" means storing, loading,
installing, executing, or displaying the Software Program. You may not separate the components of
the Software Program for use on more than one computer. You agree that you will not Use the
Software Program, in whole or in part, in any manner that has the effect of overriding, modifying,
eliminating, obscuring, altering or de-emphasizing the visual appearance of any trademark, trade
name, trade dress or intellectual property notice that appears on any computer display screens
normally generated by, or as a result of, the Software Program.
b. Copying. You may make one (1) copy of the Software Program solely for purposes of backup,
archiving, or installation, provided the copy contains all of the original Software Program's
proprietary notices. You may not copy the Software Program to any public or distributed network.
5. RESERVATION OF RIGHTS. The Software Program, including all fonts, is copyrighted and owned
by Licensor and/or its suppliers. Licensor reserves all rights not expressly granted to you in
this Software License Agreement.
6. FREEWARE. Notwithstanding the terms and conditions of this Software License Agreement, all
or any portion of the Software Program that constitutes software provided under public license by
third parties ("Freeware") is licensed to you subject to the terms and conditions of the software
license agreement accompanying such Freeware, whether in the form of a discrete agreement,
shrink-wrap license, or electronic license terms at the time of download or installation. Use of
the Freeware by you shall be governed entirely by the terms and conditions of such license.
7. LIMITATION ON REVERSE ENGINEERING. You may not alter, decrypt, reverse engineer, reverse
assemble, reverse compile or otherwise translate the Software Program or assist or otherwise
facilitate others to do so, except as and to the extent expressly permitted to do so by applicable
law for the purposes of inter-operability, error correction, and security testing. If you have
such statutory rights, you will notify Licensor in writing of any intended reverse engineering,
reverse assembly, or reverse compilation. You may not decrypt the Software Program unless
necessary for the legitimate Use of the Software Program.
8. TRANSFER. You may transfer the Software Program to another end-user. Any transfer must
include all software components, media, printed materials, and this Software License Agreement and
you may not retain copies of the Software Program or components thereof. The transfer may not be
an indirect transfer, such as a consignment. Prior to the transfer, the end-user receiving the
transferred Software Program must agree to all these Software License Agreement terms. Upon
transfer of the Software Program, your license is automatically terminated. You may not rent,
sublicense, or assign the Software Program except to the extent provided in this Software License
Agreement.
9. UPGRADES. To Use a Software Program identified as an upgrade, you must first be licensed to
the original Software Program identified by Licensor as eligible for the upgrade. After upgrading,
you may no longer use the original Software Program that formed the basis for your upgrade
eligibility.
10. ADDITIONAL SOFTWARE. This Software License Agreement applies to updates or supplements to
the original Software Program provided by Licensor unless Licensor provides other terms along with
the update or supplement.
11. TERM. This Software License Agreement becomes effective upon your acceptance and continues
in effect unless terminated or rejected. You may reject or terminate this license at any time by
destroying all copies of the Software Program, together with all modifications, documentation, and
merged portions in any form, or as otherwise described herein. Licensor may terminate your license
upon notice if you fail to comply with any of the terms of this Software License Agreement. Upon
such termination, you agree to destroy all copies of the Software Program together with all
modifications, documentation, and merged portions in any form.
12. TAXES. You agree that you are responsible for payment of any taxes including, without
limitation, any goods and services and personal property taxes, resulting from this Software
License Agreement or your Use of the Software Program.
13. LIMITATION ON ACTIONS. No action, regardless of form, arising out of this Software License
Agreement may be brought by either party more than two years after the cause of action has arisen,
except as provided under applicable law.
14. APPLICABLE LAW. If you acquired this product in a country which is a member of the
European Union, the laws of that country shall govern the interpretation of this Software License
Agreement and any claims arising hereunder, regardless of choice of laws principles of any other
jurisdiction. If you acquired this product in any other country, the laws of the Commonwealth of
Kentucky, United States of America, shall govern the interpretation of this Software License
Agreement and any claims arising hereunder, regardless of choice of laws principles of any other
state. The UN Convention on Contracts for the International Sale of Goods shall not apply.
15. GOVERNMENT END USERS. The Software Program and any related documentation are "Commercial
Items," as that term is defined in 48 C.F.R. 2.101, "Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as
applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7207-4, as
applicable, the Commercial Computer Software and Commercial Software Documentation are licensed to
the U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are
granted to all other end users pursuant to the terms and conditions herein.
16. CONSENT TO PROCESS AND TRANSFER DATA. You agree to comply with all applicable laws and
regulations including, but not limited to, laws pertaining to the collection and use of personal
data. You agree that Licensor, its affiliates, and agents may collect and process information
(including any personal data) you provide or that is gathered or generated by the Software Program
in relation to (i) any support services performed in connection with the Software Program and
requested by you, (ii) enabling any functionality of the Software Program or services provided by
Licensor, or (iii) enabling Licensor to perform any other services related to the Software Program
as you and Licensor may agree. Licensor agrees to process the information only to the extent
necessary to provide such services or enable the functionality of the Software Program. You
represent that in relation to any personal data Licensor is permitted to access under this
Agreement you have obtained or will obtain (a) any consents from the data subjects and/or (b) any
other permissions or authorizations related to processing of the personal data that are required by
applicable law. You agree that Licensor may transfer your information to the United States or other
countries for processing in accordance with this Section.
17. EXPORT RESTRICTIONS. You may not (a) acquire, ship, transfer, or reexport, directly or
indirectly, the Software Program or any direct product therefrom, in violation of any applicable
export laws or (b) permit the Software Program to be used for any purpose prohibited by such export
laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
18. AGREEMENT TO CONTRACT ELECTRONICALLY. You and Licensor agree to form this Software License
Agreement electronically. This means that by downloading, installing and/or using the Software
Program, you acknowledge your agreement to these Software License Agreement terms and conditions
and that you are doing so with the intent to "sign" a contract with Licensor.
19. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of
majority in the place you sign this Software License Agreement and, if applicable, you are duly
authorized by your employer or principal to enter into this contract.
20. ENTIRE AGREEMENT. This Software License Agreement (including any addendum or amendment to
this Software License Agreement that is included with the Software Program) is the entire agreement
between you and Licensor relating to the Software Program. Except as otherwise provided for
herein, this Software License Agreement supersedes all prior or contemporaneous oral or written
communications, proposals, and representations with respect to the Software Program or any other
subject matter covered by this Software License Agreement (except to the extent such extraneous
terms do not conflict with the terms of this Software License Agreement, any other written
agreement signed by you and Licensor relating to your use of the Software Program). To the extent
any Licensor policies or programs for support services conflict with the terms of this Software
License Agreement, the terms of this Software License Agreement shall control.
EU2-0111-EN
