LEXMARK LICENSE AGREEMENTS

PLEASE READ CAREFULLY BEFORE SELECTING THE "YES " OR "AGREE" BUTTON ON THIS PAGE:  BY SELECTING THE "YES" OR "AGREE" BUTTON OR BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THESE LICENSE AGREEMENTS.  IF YOU DO NOT AGREE, SELECT THE "NO" OR "DISAGREE" BUTTON ON THIS PAGE AND DO NOT INSTALL OR COPY THE SOFTWARE PROGRAM OR OTHERWISE USE THE PRODUCT.  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.  

1. STATEMENT OF LIMITED WARRANTY.  Lexmark warrants that the media (e.g., diskette or compact disk) on which the Software Program (if any) is furnished 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 Lexmark or an Authorized Lexmark Reseller or Distributor.  Lexmark 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.  EXCEPT AS PROVIDED IN THIS LICENSE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXMARK 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.  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 Lexmark that cannot be excluded or modified.  If any such provisions apply, then to the extent Lexmark is able, Lexmark hereby limits its liability for breach of those provisions to one of the following:  replacement of the Software Program or reimbursement of the price paid for the Software Program.  

3. LICENSE GRANT.  Lexmark grants you the following rights provided you comply with all terms and conditions of this 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.  If Lexmark has licensed the Software Program to you for concurrent use, you must limit the number of authorized users to the number specified in your agreement with Lexmark.  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.
c.	Reservation of Rights. The Software Program, including all fonts, is copyrighted and owned by Lexmark International, Inc. and/or its suppliers.  Lexmark reserves all rights not expressly granted to you in this License Agreement.
d.	Freeware.  Notwithstanding the terms and conditions of this 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.  Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.

4. TRANSFER.  You may transfer the Software Program to another end-user.  Any transfer must include all software components, media, printed materials, and this 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 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 License Agreement, and any attempt to do so shall be void.

5. UPGRADES.  To Use a Software Program identified as an upgrade, you must first be licensed to the original Software Program identified by Lexmark as eligible for the upgrade.  After upgrading, you may no longer use the original Software Program that formed the basis for your upgrade eligibility.

6. LIMITATION ON REVERSE ENGINEERING.  You may not alter, decrypt, reverse engineer, reverse assemble, reverse compile or otherwise translate the Software Program, 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 Lexmark 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.

7. ADDITIONAL SOFTWARE.  This License Agreement applies to updates or supplements to the original Software Program provided by Lexmark unless Lexmark provides other terms along with the update or supplement.

8. LIMITATION OF REMEDIES.  To the maximum extent permitted by applicable law, the entire liability of Lexmark, its suppliers, affiliates, and resellers, and your exclusive remedy shall be as follows:  Lexmark will provide the express limited warranty described above.  If Lexmark does not remedy defective media as warranted, you may terminate your license and your money will be refunded upon the return of all of your copies of the Software Program.

9. LIMITATION OF LIABILITY.  To the maximum extent permitted by applicable law, for any claim arising out of Lexmark's limited warranty, or for any other claim whatsoever related to the subject matter of this Agreement, Lexmark's and its suppliers’ liability for all types of damages, regardless of the form of action or basis (including contract, breach, estoppel, negligence, misrepresentation, or tort), shall be limited to the greater of $5,000 or the money paid to Lexmark or its Authorized remarketers for the license hereunder for the Software Program that caused the damages or that is the subject matter of, or is directly related to, the cause of action.  

IN NO EVENT WILL LEXMARK, 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 ARISING OUT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PROGRAM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS LICENCE AGREEMENT), 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 LEXMARK, 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.

10. TERM.  This License Agreement is effective 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.  Lexmark may terminate your license upon notice if you fail to comply with any of the terms of this 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.  

11. 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 Agreement or your Use of the Software Program.  

12. LIMITATION ON ACTIONS.  No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen, except as provided under applicable law.  

13. APPLICABLE LAW.  This Agreement is governed by the laws of the Commonwealth of Kentucky, United States of America.  No choice of law rules in any jurisdiction shall apply.  The UN Convention on Contracts for the International Sale of Goods shall not apply.

14. UNITED STATES GOVERNMENT RESTRICTED RIGHTS.  The Software Program has been developed entirely at private expense.  Rights of the United States Government to use the Software Program is as set forth in this Agreement and as restricted in DFARS 252.227-7014 and in similar FAR provisions (or any equivalent agency regulation or contract clause).

15. CONSENT TO USE OF DATA.  You agree that Lexmark, its affiliates, and agents may collect and use information you provide in relation to support services performed with respect to the Software Program and requested by you.  Lexmark agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services.

16. 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.

17. AGREEMENT TO CONTRACT ELECTRONICALLY.  You and Lexmark agree to form this License Agreement electronically.  This means that when you click the “Agree” or “Yes” button on this page or use this product, you acknowledge your agreement to these License Agreement terms and conditions and that you are doing so with the intent to “sign” a contract with Lexmark.

18. CAPACITY AND AUTHORITY TO CONTRACT.  You represent that you are of the legal age of majority in the place you sign this License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract.

19. ENTIRE AGREEMENT.  This License Agreement (including any addendum or amendment to this License Agreement that is included with the Software Program) is the entire agreement between you and Lexmark relating to the Software Program.  Except as otherwise provided for herein, these terms and conditions supersede 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 License Agreement (except to the extent such extraneous terms do not conflict with the terms of this License Agreement, any other written agreement signed by you and Lexmark relating to your Use of the Software Program).  To the extent any Lexmark policies or programs for support services conflict with the terms of this License Agreement, the terms of this License Agreement shall control.

MICROSOFT CORPORATION NOTICES

1.             This product may incorporate intellectual property owned by Microsoft Corporation.  The terms and conditions upon which Microsoft is licensing such intellectual property may be found at http://go.microsoft.om/fwlink/?LinkId=52369

2.              This product is based on Microsoft Print Schema technology.  You may find the terms and conditions upon which Microsoft is licensing such intellectual property at http://go.microsoft.com/fwlink/?LinkId=83288.
	
* Products within the XX90 Series (including but not limited to models Z2390, Z2490, X2690, X3690, and X4690) are not subject to the Cartridge License Agreement.  This Cartridge License Agreement does not apply to cartridges included within the printer boxes of XX75 Series products (including but not limited to models X4975 and X7675).  It applies to replacement cartridges that are sold subject to these terms and conditions, however.  Replacement cartridges sold without these terms are available through www.lexmark.com.

