Triton FT5000XP Prism NDC Emulation w/XFS Compliance User Manual User Manual

Page 109

oftwAre

icenSe

greement

/ c

ompLiAnce

miSSion

tAtementS

A-3

oftwAre

icenSe

greement

/ c

ompLiAnce

miSSion

tAtementS

DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES

TO THE EXTENT PERMITTED BY LAW, THIS ATM SOFTWARE, INCLUD-

ING 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 LIMITA-

TION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGE-

MENT, AND MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR

PURPOSE.

TRITON MAKES NO REPRESENTATIONS OR WARRANTIES AND AS-

SUMES 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, CONSE-

QUENTIAL, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES, INCLUD-

ING 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 PERFOR-

MANCE 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 condi-

tions 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 compil-

ing, or disassembly of the ATM and/or the ATM Software is expressly prohibited.

This manual is related to the following products:

RL5000XP Prism NDC Emulation w/XFS Compliance User Manual