Triton FT5000XP Prism NDC Emulation w/XFS Compliance User Manual - Manual (Page 118)

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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 PRO-
VIDED, “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 DIS-
CLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFOR-
MANCE, NONINFRINGEMENT, 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 DAM-
AGES, 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.
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.