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AUTOMATED TELLER MACHINE (“ATM”) SOFTWARE
END-USER AGREEMENT IMPORTANT: PLEASE READ CAREFULLY
BY INSTALLING OR OTHERWISE USING THE ATM, YOU (AS THE OWNER OR LESSEE OF THE ATM), AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISION WHICH APPLY TO YOUR USE OF THE ATM SOFTWARE CONTAINED IN THIS ATM AND IS HEREBY LICENSED BY TRITON SYSTEMS OF DELAWARE, LLC. (“Triton”) TO YOU PURSUANT TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO OR ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR OTHERWISE USE THIS ATM AND PROMPTLY CONTACT YOUR VENDOR. INSTALLING OR OTHERWISE USING THE ATM INDICATES THAT YOU ACCEPT THESE TERMS.
This ATM is manufactured by, and utilizes proprietary software owned by Triton Systems of Delaware, LLC and/or its suppliers. All right, title and interest in and to all component software installed or embedded in the ATM (“ATM Software”) including all associated intellectual property rights, are and will remain the property of Triton and/or its suppliers.
LICENSE: Triton grants you a limited, non-exclusive license to use the ATM Software but only in connection with the operation of this ATM subject to the terms and restrictions set forth in this License Agreement. You are not permitted to use the ATM Software in any manner not expressly authorized by this License. You acknowledge and agree that ownership of the ATM Software and all subsequent copies thereof regardless of the form or media are held by Triton or its suppliers.
The software is licensed for use on this specific Triton ATM product and may not be used on any other product. Otherwise, the supporting documentation, if any, may be copied only as essential for backup or archive purposes in support of your use of the ATM. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on any copies that you make.
ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the ATM Software to another party but only in connection with a transfer of all your right, title and interest in and to this ATM and if such party accepts the terms and conditions of this License Agreement. If you transfer the ATM, you must at the same time transfer the supporting documentation, if any, to the same party or destroy any such materials not transferred. Modification, reverse engineering, reverse compiling, or disassembly of the ATM and/or the ATM Software is expressly prohibited.
DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, THIS ATM SOFTWARE, INCLUDING ALL INCORPORATED THIRD PARTY SOFTWARE AND DERIVATIVES IS PROVIDED, “AS IS.” TRITON MAKES NO REPRESENTATIONS WITH RESPECT TO, AND DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU OR YOUR CUSTOMERS MAY OBTAIN BY USING THE ATM. TRITON SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF QUALITY PERFORMANCE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
TRITON MAKES NO REPRESENTATIONS OR WARRANTIES AND ASSUMES NO OBLIGATIONS TO YOU OR YOUR CUSTOMERS WITH RESPECT TO ANY TRANSACTION OR SERVICES ACCESSED AND/OR UTILIZED IN CONSUMER-INITIATED TRANSACTIONS MADE FROM THIS ATM. IN NO EVENT WILL TRITON, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING ANY LOSS PROFITS OR LOST SAVINGS, EVEN IF A TRITON AGENT OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
YOUR SOLE REMEDY AGAINST TRITON FOR DEFECTIVE PERFORMANCE OF THE ATM SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE ATM AND/OR THE ATM SOFTWARE, AT TRITON’S SOLE DISCRETION.
Any warranty pertaining to the ATM, its mechanical components exclusive of the ATM software, shall be governed and controlled by any warranty given to you by Triton in a separate document accompanying this ATM. The foregoing limitation of liability and exclusion of certain damages will apply regardless of the success or effectiveness of other remedies.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of Mississippi and by the laws of the United States, excluding their conflicts of laws principles.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
ENTIRE AGREEMENT: This License Agreement and the accompanying Limited Warranty set forth the entire agreement between you and Triton, supersedes all prior agreements, whether written or oral, with respect to the ATM Software, and may be amended only in a writing signed by both parties.
Triton Systems of Delaware, LLC | 866-787-4866 | 21405 B Street, Long Beach, MS 39560 USA
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