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NAYAX
<br />AWr ftding to Rho Unattended
<br />6. NAYAX Unit Warranty. NAYAX warrants that for a period of twelve (12) months from delivery (the "Warranty Period"),
<br />the NAYAX Unit shall be free from defects in material and workmanship. NAYAX does not warrant that the use of the
<br />NAYAX Unit will be uninterrupted or error -free. NAYAX's sole obligation towards the Customer and Customer's exclusive
<br />remedy for any failure of the NAYAX Unit to perform as warranted, is the correction or replacement, at NAYAX's option,
<br />of the nonconforming NAYAX Unit; provided, that the Customer informs Nayax in writing, within the Warranty Period of
<br />the defect, malfunction or nonconformity. The foregoing warranty shall not apply to disposal materials and to repair,
<br />damages, malfunction or failures, resulting from/ to NAYAX Unit: (i) use of the NAYAX Unit in a manner for which it was
<br />not intended; (ii) the defects or malfunctions caused by alteration or modification to the NAYAX Unit without NAYAX's
<br />prior written approval; (iii) defects or malfunctions caused by improper service or repair of the NAYAX Unit, by anyone
<br />other than NAYAX; (iv) defects or malfunctions which do not adversely affect the ability of the NAYAX Unit to perform
<br />its usual designated function; (v) abuse or negligence by the Customer; or (vi) any other cause beyond NAYAX's control.
<br />The warranties contained in this section 6, are exclusive, and are in lieu of all other warranties, express or implied,
<br />including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, or arising by
<br />a course of dealing or usage of trade. This section does not limit, and is without prejudice to, the provisions of Section 7
<br />below.
<br />7. Data Protection. NAYAX complies and will comply with the PCI (Payment Card Industry) Data Security standard. NAYAX
<br />may use the data from the Customer's NAYAX service, which does not identify the Customer or the specific location of
<br />the machine, solely for internal statistical purposes.
<br />8. Intellectual Property. The Customer acknowledges that NAYAX, its affiliated parties, and/or licensors, and third
<br />party suppliers own the intellectual property rights in the services being provided hereunder and in and to the NAYAX
<br />Units, the NAYAX cashless payment platform and all hardware and software in or associated with any of the
<br />aforesaid, including but not limited to any and all trade and service marks, inventions, patents, copyrights, design
<br />rights (whether registered or unregistered), data base rights, and all other intellectual property rights subsisting
<br />anywhere in the world. The Customer shall take no action nor allow any action to be taken in contravention of any
<br />such rights.
<br />9. Limitation on Liability. In no event shall NAYAX, its affiliates and agents be liable for any punitive, incidental, or
<br />consequential damages or any damages for loss of profits, business interruption, loss of information, or pecuniary loss,
<br />even if NAYAX, its affiliates or agents has been advised of the possibility of such damages. The total liability of NAYAX to
<br />the Customer in any calendar year shall not exceed (a) the payments made to NAYAX by the Customer under this
<br />Agreement in the calendar year in which such liability arose, or (b) the applicable insurance policy limit, if such claim or
<br />loss is covered by insurance, whichever is greater.
<br />10. Remuneration. To the extent allowed by law, the Customer agrees that NAYAX shall not be liable for claims,
<br />demands, causes of action, obligations, liabilities, expenses (including reasonable attorney's fees), damages, or suits
<br />shown to be caused by an act or omission of the Customer, its employees and/or agents, including, but not limited
<br />to, the operation and management of the NAYAX Unit and the NAYAX service.
<br />11. Term and Termination. The term of this Agreement and the NAYAX Services shall be for a period of twelve (12) months
<br />from the later of the date of signature of this Agreement by NAYAX or the Customer (the "Initial Term"), and may be
<br />renewed by mutual written agreement of Customer and NAYAX for up to two (2) additional twelve (12) month terms
<br />(each a "Renewal Term"). Notwithstanding the above, and without derogating from any other of its rights hereunder or
<br />pursuant to law, either party may terminate this Agreement and the NAYAX Services at any time, without liability
<br />therefor by providing no less than 30 days written notice, and either party may terminate this Agreement and the NAYAX
<br />Services by notice in writing not less than fifteen (15) days after notice of a material breach which has not been remedied
<br />during such fifteen (15) day period. Without derogating from the above, in the event of any breach by the Customer of
<br />any of its obligations hereunder, or in the event of any requirement of relevant law, or in the event of any force majeure
<br />or other event due to which NAYAX, in its sole discretion determines the necessity of doing so, NAYAX may suspend
<br />providing the NAYAX Services hereunder for such period as may be necessary in NAYAX's sole opinion. In the event that
<br />NAYAX has suspended the provision of the NAYAX Services for more than thirty (30) days, other than due to breach of
<br />this Agreement by the Customer or due to any other fault of the Customer, Customer may terminate this Agreement on
<br />written notice.
<br />Nayax ( Executive Plaza 1, 11350 McCormick Rd, Ste 1004, Hunt Valley MD, 21031 1 410-666-3800 1 us(a)navax.com I
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