LEXMARK SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS AND ADDITIONAL 
LICENSE TERMS FOR SUN MICROSYSTEMS, INC. SOFTWARE

PLEASE READ CAREFULLY BEFORE SELECTING THE "I agree to this license 
agreement" CHECK BOX ON THIS PAGE: BY SELECTING THE "I agree to this 
license agreement" CHECK BOX OR BY USING THIS PRODUCT, YOU AGREE TO BE 
BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY 
AND LICENSE AGREEMENT.  IF YOU DO NOT AGREE, SELECT THE "Cancel" 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 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 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.

I.  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 (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, 
except any software owned by Sun Microsystems, Inc., which is subject to 
the Additional License Terms for Sun Microsystems, Inc. Software as set 
forth below.

1. STATEMENT OF SOFTWARE 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 
SOFTWARE 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.  TO THE EXTENT LEXMARK 
CANNOT BY LAW DISCLAIM ANY COMPONENT OF THE IMPLIED WARRANTIES OF 
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LEXMARK LIMITS THE 
DURATION OF SUCH WARRANTIES TO THE 90-DAY TERM OF THE EXPRESS SOFTWARE 
LIMITED WARRANTY.

       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:  providing you a 
       replacement copy of the Software Program or reimbursement of the 
       price paid for the Software Program.  
       
       The Software Program may include internet links to other software 
       applications and/or internet web pages hosted and operated by third 
       parties unaffiliated with Lexmark.  You acknowledge and agree that 
       Lexmark is not responsible in any way for the hosting, performance, 
       operation, maintenance, or content of, such software applications 
       and/or internet web pages.

3. LIMITATION OF REMEDY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 
ANY AND ALL LIABILITY OF LEXMARK 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 LEXMARK IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT 
SHALL BE TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH 
LEXMARK SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND 
LIABILITY TO YOU.  

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 SOFTWARE 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.

3.	U.S.A. STATE LAWS.  This Software Limited Warranty gives you specific 
legal rights.  You may also have other rights that vary from state to state.  
Some states do not allow limitations on how long an implied warranty lasts or 
the exclusion of limitation of incidental or consequential damages, so the 
above limitations may not apply to you.

4.	LICENSE GRANT.  Lexmark 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.  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 Software 
License Agreement.

d.	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.

6.	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.

7.	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.

8.	LIMITATION ON REVERSE ENGINEERING.  You may not alter, 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 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.

9.	ADDITIONAL SOFTWARE.  This Software 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.

10.	TERM.  This Software 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 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.  

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 Software License Agreement or your Use of the 
Software Program.  

12.	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.  

13.	APPLICABLE LAW.  This Software Licensing 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 Software 
License 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 registration 
and support services and upgrades performed with respect to the Software 
Program.  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 Software License Agreement electronically.  This means that when you 
click the "Agree" or "I accept" button on this page, 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 Lexmark.

18.	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.

19.	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 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 Software License 
Agreement (except (a) with respect to software owned by Sun Microsystems, Inc. 
which is subject to the Additional License Terms for Sun Microsystems, Inc. 
software as set forth below and (b) 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 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 Software License Agreement, 
the terms of this Software License Agreement shall control.

* 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.


II.  ADDITIONAL LICENSE TERMS FOR SUN MICROSYSTEMS, INC. SOFTWARE

In addition to the foregoing, with respect to any Sun Microsystems, Inc. 
software ("Sun Software") licensed hereunder, the following terms apply:

1. LICENSE RESTRICTIONS.  The Sun Software is licensed to Licensee only 
under the terms of this Agreement, and Sun reserves all rights not expressly 
granted to Licensee. Licensee may not use, copy, modify, or transfer the Sun 
Software, or any copy thereof, except as expressly provided for in this 
Agreement or by applicable law. Except as otherwise provided by law for 
purposes of decompilation of the Sun Software solely for inter-operability, 
error correction or security testing, Licensee may not reverse engineer, 
disassemble, decompile, or translate the Sun Software, or otherwise attempt 
to derive the source code of the Sun Software. Licensee may not rent, lease, 
loan, or sell the Sun Software, or any part of the Software. No right, 
title, or interest in or to any trademarks, service marks, or trade names 
of Sun or Sun's licensors is granted hereunder.

2. AIRCRAFT PRODUCT AND NUCLEAR APPLICATIONS RESTRICTION.  Sun Software is 
not designed or intended for use in on-line control of aircraft, air traffic, 
aircraft navigation or aircraft communications; or in the design, construction, 
operation or maintenance of any nuclear facility.  Sun disclaims any express 
or implied warranty of fitness for such uses. Licensee warrants that it will 
not use or redistribute the Sun Software for such purposes.

3. NO WARRANTY.  To the full extent permitted by law, the Sun Software is 
provided to licensee "AS IS". All express or implied conditions, representations, 
and warranties, including any implied warranty of merchantability, satisfactory 
quality, fitness for a particular purpose, or non-infringement, are disclaimed, 
except to the extent that such disclaimers are held to be legally invalid.

4. LIMITATION OF DAMAGES.  To the extent not prohibited by applicable law, Sun's 
aggregate liability to Licensee or to any third party for claims relating to this 
agreement, whether for breach or in tort, will be limited to the fees paid by 
Licensee for Sun Software which is the subject matter of the claims. To the full 
extent permitted by applicable law, in no event will Sun be liable for any indirect, 
punitive, special, incidental or consequential damage in connection with or arising 
out of this Agreement (including loss of business, revenue, profits, use, data or 
other economic advantage), however it arises, whether for breach or in tort 
(including, without limitation, negligence), even if Sun has been previously 
advised of the possibility of such damage. Liability for damages will be limited 
and excluded, even if any exclusive remedy provided for in this Agreement fails of 
its essential purpose.

5. GOVERNMENT USER RIGHTS IN DATA: If procured by, or provided to, the U.S. Government, 
use, duplication, or disclosure of technical data is subject to restrictions as set 
forth in DFARS 252.227-7013(c) (1) (ii), FAR 52.227-14(g)(2), Rights in Data-General 
(June 1987); and for computer software and computer software documentation, FAR 52-227-19, 
Commercial Computer Software-Restricted Rights (June 1987). However, if under DOD, use, 
duplication, or disclosure of technical data is subject to DFARS 252.227-7015(b), Technical 
Data-Commercial Items (June 1995); and for computer software and computer software 
documentation, as specified in the license under which the computer software was procured 
pursuant to DFARS 227.7202-3(a).  Licensee shall not provide Sun Software nor technical 
data to any third party, including the U.S. Government, unless such third party accepts 
the same restrictions. Licensee is responsible for ensuring that proper notice is given 
to all such third parties and that the Sun Software and technical data are properly marked.

6. EXPORT LAW.  Licensee acknowledges and agrees that the Sun Software and/or technology 
is subject to the U.S. Export Administration Laws and Regulations. Diversion of such Sun 
Software and/or technology contrary to U.S. law is prohibited. Licensee agrees that none 
of the Sun Software and/or technology, nor any direct product therefrom, is being or will 
be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed 
or embargoed countries or their nationals, nor be used for nuclear activities, chemical 
biological weapons, or missile projects unless authorized by the U.S. Government. 
Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries 
subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. 
This list is subject to change without further notice from Sun, and Licensee must comply 
with the list as it exists in fact. Licensee certifies that it is not on the U.S. 
Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department 
of Treasury's Specially Designated Nationals List.  Licensee agrees to comply strictly 
with all U.S. export laws and assumes sole responsibility for obtaining licenses to export 
or re-export as may be required.  Licensee is responsible for complying with any applicable 
local laws and regulations, including but not limited to, the export and import laws and 
regulations of other countries.

7. TRADEMARKS AND LOGOS.  This Agreement does not authorize Licensee to use any Sun name, 
trademark or logo. Licensee acknowledges that Sun owns the Java trademark and all Java-related 
trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to:  

(i) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; 
(ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and 
(iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired 
by Licensee in any Java Mark.

8. TERMINATION.  This Agreement is effective until terminated.  You may terminate this 
Agreement at any time by destroying all copies of Sun Software.  This Agreement will 
terminate immediately without notice from Sun if you fail to comply with any provision of 
this Agreement.  Upon Termination, you must destroy all copies of Sun Software.

9. GOVERNING LAW.  Any action related to the Sun Software will be governed by California 
law and controlling U.S. federal law.  No choice of law rules of any jurisdiction will apply.

10. SEVERABILITY.  If any provision of this Agreement is held to be unenforceable, This 
Agreement will remain in effect with the provision omitted, unless omission would frustrate 
the intent of the parties, in which case this Agreement will immediately terminate.

11. INTEGRATION.  This Agreement is the entire agreement between you and Sun relating to 
its subject matter.  It supersedes all prior or contemporaneous oral or written communications, 
proposals, representations and warranties and prevails over any conflicting or additional 
terms of any quote, order, acknowledgment, or other communication between the parties relating 
to its subject matter during the term of this Agreement.  No modification of this Agreement 
will be binding, unless in writing and signed by an authorized representative of each party.


