Triton FT7000XP User Manual - Manual (Page 199)

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PPENDIX
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OFTWARE
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ICENSE
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GREEMENT
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OMPLIANCE
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MISSION
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TATEMENTS
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 REPRE-
SENTATIONS 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 LIMITA-
TION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, AND MERCHANTABIL-
ITY 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 SUPPLI-
ERS 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 writing signed by both parties.