PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY.
This ASSISTED SERVICES & SOFTWARE LICENSE AGREEMENT (“Agreement”) is a legal agreement between you and Lexmark International Technology S.A., 20, Route de Pré-Bois, ICC Building, CH-1215 Geneva, Switzerland (“Lexmark”). Unless a specific deviating agreement exists between you and Lexmark covering Assisted Services or the related Software, this Agreement solely governs the use of Assisted Services as well as the related Software.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON AT THE BOTTOM OF THIS PAGE.
BY CLICKING THE “ACCEPT” BUTTON YOU AGREE:
• THAT A LEXMARK TECHNICIAN OR ONE OF ITS TRUSTED AGENTS (“TECHNICIAN”) WILL USE THE INTERNET TO REMOTELY CONNECT TO YOUR COMPUTER SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND
• TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT AS DEFINED BELOW IN SECTION 5.
IF YOU DO NOT AGREE, SELECT THE "NO" OR "DISAGREE" BUTTON AT THE BOTTOM OF THIS PAGE AND DO NOT (i) INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE, NOR (ii) USE OR REQUIRE THE ASSISTED SERVICES.
1. WHAT IS LEXMARK ASSISTED SERVICE?
Assisted Service is a method of support during which selected technicians can, subject to your explicit prior consent, use the Internet to remotely connect to your computer. This allows the technician to perform troubleshooting, install updates, or help you complete a task with your Lexmark product.
Assisted Service can be obtained by first contacting via telephone or e-mail Support and working with an agent to identify your issue, and if needed, initiate an Assisted Services session. In order to initiate an Assisted Services session, the Lexmark representative will provide you with a twelve (12) digit PIN code. You will be asked to enter the LEXMARK ASSISTED SERVICES WEBSITE (http://support.lexmark.com/share/index_EN_GB.html) and then to enter this PIN code and accept this Agreement before you can start the Assisted Services session.
2. DATA PRIVACY
(a) By requesting an Assisted Services session, you agree to grant permissions to a technician who can perform one of the following actions and share any related data with Lexmark:
• Remote control or view desktop
• View system information
• Launch File Manager
• Transfer, delete, overwrite or copy files and folders
• Reboot and reconnect
• Deploy scripts
• Send URLs
• Allow Clipboard synchronization
All data gathered by Lexmark in the context of the REMOTE ASSISTANCE will be used to assist you in troubleshooting your product and navigating the Lexmark website. This data will be stored for the period of 30 days and deleted afterwards.
(b) You agree:
• That Lexmark may associate your data collected through Assisted Service with other personal data collected by Lexmark (i.e., through Lexmark product registration, through LexConnect, or through Lexmark’s commercial guarantee services, etc).
• That your data collected through Assisted Service may be transferred for processing by Lexmark or one of its trusted agents to countries outside the European Economic Area (even those which have only limited or no data protection laws, provided that Lexmark remains responsible for making sure your information is held securely), including, without limitation, the Philippines and Morocco.
If you don’t consent to any of the above mentioned conditions, please click the Decline button.
(c) You have the right to examine and modify your personal data collected during the Assisted Service as well as to object to further use of this personal data at any time. For any request, send an e-mail to: thulevel@lexmark.com.
(d) Lexmark is committed to respecting your online privacy. We recognize your need for appropriate protection and management of the personal data that you share with us. For more information about Lexmark’s commitment to protecting your privacy, see What Is Lexmark’s Data Privacy Policy (http://www.lexmark.com/en_GB/privacy-policy/index.shtml).
3. ELIGIBLE PRODUCTS, LEXMARK LIMITED COMMERCIAL GUARANTEE
Lexmark will define from time to time which Lexmark products are eligible for LEXMARK REMOTE ASSISTANCE during the term such products are eligible for LEXMARK’S LIMITED COMMERCIAL GUARANTEE.
Please contact a Lexmark agent via telephone or e-mail support to identify whether your Lexmark Printing device is eligible to Assisted Services.
4. LIMITATION OF GUARANTEE AND LIABILITY
(a) THE USE OF REMOTE ASSISTANCE AND THE RELATED SOFTWARE IS OPTIONAL AND FREE OF CHARGE. THEREFORE, LEXMARK DOES NOT ASSUME ANY GUARANTEE OR LIABILITY FOR ANY FUNCTIONS, IN PARTICULAR NO GUARANTEE THAT THE SOFTWARE IS CAPABLE FOR YOUR INDIVIDUAL PURPOSES. Lexmark is only liable for damages that resulted from deliberate acts or gross negligence of Lexmark or its vicarious agents. This restriction is not valid for Lexmark’s obligatory liability pursuant to the applicable Product Liability Act.
(b) Your sole remedy in the event that a Lexmark Printing Device is defective or ceases functioning is defined by the terms and conditions of LEXMARK´S LIMITED COMMERCIAL GUARANTEE (for details please see the Guarantee Statement as delivered with your Lexmark Printing Device). The terms and conditions of LEXMARK´S LIMITED COMMERCIAL GUARANTEE apply in addition to this Agreement.
Even in the event of a breach of LEXMARK’S LIMITED COMMERCIAL GUARANTEE, Lexmark's sole and exclusive liability for actual damages of any kind is limited to the price paid for the Lexmark Printing Device or its repair or replacement. This limitation of liability for actual damages does not apply to bodily injury or property damage for which Lexmark is held legally liable.
(c) LEXMARK IS NOT LIABLE FOR THE CONSEQUENCES OF AN INTERRUPTION IN THE OPERATION OF THE PRINTING DEVICE OR THAT OF A FAULTY OPERATION OF THE PRINTING DEVICE. IN NO EVENT SHALL LEXMARK BE LIABLE FOR LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SAID DAMAGES.
(d) THE AFOREMENTIONED STATEMENT OF A LIMITED GUARANTEE IS THE EXCLUSIVE SET OF GUARANTEED TERMS. ALL OTHER EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED (EXCEPT WHERE SAID IMPLIED GUARANTEES OR WARRANTIES ARE REQUIRED BY APPLICABLE LAW).
5. SOFTWARE LICENSE AGREEMENT
(a) WHAT IS ASSISTED SERVICES SOFTWARE?
With your permission after accepting the Agreement, you will see a dialog box asking you to download the Support-LogMeInRescue.exe applet. This is a small .exe file that is then automatically downloaded to your computer. It is the interface through which technicians communicate with you and conduct remote support. The applet automatically removes itself from your computer at the conclusion of the session.
The applet provides you with:
• Interactive Chat and detailed Session History.
• Prompts to permit or deny a technician access to all functions.
• File Transfer to the technician.
• Ability to stop Remote Control or disconnect at any time.
(b) IF YOU ARE INSTALLING THIS SOFTWARE FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE SOFTWARE INDICATES ACCEPTANCE OF THESE TERMS.
(c) LICENSE GRANT: Lexmark grants you the following rights provided you comply with all terms and conditions of this Agreement:
• Use: You may Use one (1) copy of the Software. The term “Use” means storing, loading, installing, executing, or displaying the Software. You may not separate the components of the Software for use on more than one computer. However, you may create a back-up copy.
• No publication: You may not copy the Software Program to any public or distributed network.
(d) NO SOFTWARE ALTERATION: You may not edit, alter, reverse engineer, reverse assemble, reverse compile or otherwise translate the Software, 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.
(e) EXPORT RESTRICTIONS: You may not (a) acquire, ship, transfer, or re export, directly or indirectly, the Software Program or any direct product wherefrom, 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.
6. APPLICABLE LAW
This Agreement shall be governed by the UK law. The UN Convention on Contracts for the International Sale of Goods shall not apply.