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Triton Systems ©
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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 CONDI-
TIONS OF THIS AGREEMENT, DO NOT INSTALL OR OTHERWISE USE THIS ATM AND PROMPT-
LY CONTACT YOUR VENDOR. INSTALLING OR OTHERWISE USING THE ATM INDICATES THAT
YOU ACCEPT THESE TERMS.
is ATM is manufactured by, and utilizes proprietary soware owned by Triton Systems of Delaware, LLC
and/or its suppliers. All right, title and interest in and to all component soware installed or embedded in the
ATM (“ATM Soware”) 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 Soware 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 Soware in any manner not expressly authorized by this License. You ac-
knowledge and agree that ownership of the ATM Soware and all subsequent copies thereof regardless of the
form or media are held by Triton or its suppliers.
e soware is licensed for use on this specic Triton ATM product and may not be used on any other prod-
uct. 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 Soware 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 ac-
cepts 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.
Modication, reverse engineering, reverse compiling, or disassembly of the ATM and/or the ATM Soware is
expressly prohibited.
DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, THIS ATM SOFTWARE, INCLUDING ALL INCORPORAT-
ED 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 SPECIFICAL-
LY 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 SUP-
PLIERS 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 SOFT-
WARE 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 soware, shall be gov-
erned and controlled by any warranty given to you by Triton in a separate document accompanying this ATM.
e foregoing limitation of liability and exclusion of certain damages will apply regardless of the success or
eectiveness of other remedies.
GOVERNING LAW: is License Agreement shall be governed by the laws of the State of Mississippi and by
the laws of the United States, excluding their conicts of laws principles.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or un-
enforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be
aected or impaired.