Last Updated: August 21, 2020
These terms apply to your use of the products and services listed on your sales order, ordering document, or other purchase confirmation (the “Equipment”). Throughout these terms, we will refer to the person or entity buying, leasing and/or licensing the Equipment as “you”, “your” or “Customer.” We will also refer to Bluberi as “we” or “us”, and may refer to both you and Bluberi as the “parties” or individually as a “party”.
To the extent that the Customer has signed a Master Equipment Lease/Purchase Agreement with Bluberi, this sale, lease, and/or license shall be subject to the terms of such agreement and the terms of any relevant game and equipment orders. In the event of any conflict between these terms and those of any such Master Equipment Lease/Purchase Agreement, the terms of such master agreement shall control. To the extent that Customer has not signed any such master agreement with Bluberi, the above terms constitute the entire agreement between Customer and Bluberi with respect to their subject matter and supersede any and all prior or contemporaneous oral or written agreements or understandings. These terms may only be amended by written agreement signed by both Bluberi and Customer.
Bluberi warrants that any equipment or parts sold shall be free from defective materials and workmanship that materially and adversely affects their performance for a period of three (3) months from the original purchase date. This warranty is limited to the repair or replacement of any defective parts, in Bluberi’s sole discretion. This warranty is void if the failure of the parts or equipment results from abuse, misuse, mishandling, accidents, tampering, or unauthorized alteration.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE, CUSTOMER ACCEPTS THE EQUIPMENT “AS IS,” WITH NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS THOSE THAT MAY ARISE UNDER USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
BLUBERI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL BLUBERI BE LIABLE IN ANY RESPECT FOR THE ACCEPTANCE BY A GAMING MACHINE OR BILL ACCEPTOR OF CONTERFEIT AND/OR FRAUDULENT MATERIALS.
4. Intellectual Property.
Bluberi retains exclusive title to, and all ownership rights in, any and all intellectual and industrial property rights throughout the world embodied in any software, parts, or equipment sold, leased, or licensed by it to Customer, including, without limitation, any copyrights (including future copyrights and rights analogous to copyrights), inventions (including patents), trade secrets, trademarks, service marks, designs, and circuit layouts whether or not now existing or registered, including any right to apply for the registration of such rights and all renewals and extensions.
The Customer agrees to pay any taxes or fees that may be required by governmental or other regulatory entities in connection with this sale, lease, and/or license. The Customer shall indemnify and defend Bluberi from and against any penalty, liability, or expense arising from the Customer’s failure to remit any such taxes or fees or from any delinquency arising therefrom.
Bluberi expressly limits its acceptance to any contract with Customer for this sale, lease, and/or license to the above terms. Acceptance by Customer of these terms shall be deemed to occur upon Customer’s acceptance of any related equipment or goods.