Bluberi Gaming

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Terms and Conditions

Terms and Conditions

Last Updated: August 21, 2020

INTRODUCTION

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.

1. WARRANTY.

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.

2. LIMITATION.

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.

3. LIABILITY.

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.

5. TAXES.

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.

6. ACCEPTANCE.

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.

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Steve Kohon

Chief Operating Officer

Steve Kohon is our Chief Operating Officer. Steve began his tenure at Bluberi as the Vice President of Sales, West, and has since moved to guide the business's Operations, Service, and IT verticals.  Before joining Bluberi in 2021, Steve spent 10+ years in the gaming industry, providing leadership in various roles ranging from Product Manager to Sr. Director of Sales.  When not working, Steve enjoys spending time at his son's karate class and his daughter's dance classes, seeing every rock concert under the sun with his wife, knocking pins down at the bowling alley, and streaming video games.

Mike Brennan

Chief Product Officer

Our Chief Product officer, Mike Brennan, brings 20 years of industry experience leading global product teams and aiding the game development process, having visited gaming properties worldwide focusing on player, operator, and industry needs. Mike leads Bluberi's research and development efforts, which include game studios, engineering, product management, and marketing.  In addition to crafting alliterative phrases like "without data, there's doubt," "quantify the qualitative," and "save it for the sequel," Mike is a slot historian and is responsible for driving forward the company's product strategy and vision.  Mike strives to bring in process as a value, cultivate a culture of creativity, and craft the right framework to help allow the tremendous creative talent at Bluberi to shine.

Casey Whalen

Chief Commercial Officer

Casey Whalen brings 20 years of gaming experience to Bluberi and helps lead our organization as Bluberi's Chief Commercial Officer. As CCO, Casey oversees the day-to-day operations of the Sales, Licensing, Compliance, and Legal/Contracts teams. Before Bluberi, he held multiple leadership positions for two global slot gaming suppliers, which positioned him to support Andrew Burke, our CEO, to transform Bluberi into a best-in-class organization focused on delivering high-quality, top-performing products and services while offering a unique, fun, and employee-focused company culture. Casey is known as the "Bluberi Ambassador", as his love for Bluberi and what the company's core values stand for are apparent in his contagious energy.

Billy Register

Chief Financial Officer

Billy Register is our Chief Financial Officer, with over two decades of experience in finance and private equity. Billy brings a wealth of expertise in leading and growing finance organizations across multiple companies and industries.  He began his career in the emerging private equity market in Washington, D.C., before moving to Los Angeles to work in various finance roles across the venture capital and media sectors.  Immediately before joining Bluberi, Billy led the global finance team for a leading content distribution company, which included daily oversight of financial operations, budgeting and forecasting, and strategic mergers and acquisitions.

Andrew Burke

Chief Executive Officer

Leading the charge at Bluberi is Andrew Burke, our Chief Executive Officer. Andrew is an experienced gaming executive who joined the company in January 2020. Before his many leadership roles in gaming, Andrew began his career in private equity as an investor. As our CEO, Andrew is focused on building a high-quality and fun company that emphasizes creating innovative products that are designed with intent and create market disruption and entertainment for the players. Andrew instills the philosophy of pushing the company and himself to be 1% better every day while creating a positive company culture that encourages employees to deliver their best work and have a good time doing it.  Outside of being Bluberi's CEO, Andrew is a family man, first and foremost, with two incredible daughters and a great wife.