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a license to use such card readers and Firmware for the occurrence of any contingency beyond the control of
<br />duration of the Agreement.Participant's use of card the non-performing party including,but not limited to,
<br />readers and Firmware shall be limited to the purposes work stoppages,fires,civil disobedience,riots,
<br />of this Agreement.Acceptance and use of card rebellions,terrorism,loss of power or
<br />readers does not convey to Participant any title,patent,telecommunications,flood,storm,Acts of God,and
<br />copyright,or other proprietary right in or to the similar occurrences.This Agreement shall be
<br />Firmware.At all times,AllPaid or its suppliers retain governed by the internal laws of the state in which
<br />all rights to the Firmware,including but not limited to Participant is located.Litigation regarding this
<br />updates,enhancements,and additions.Participant Agreement shall be filed in state or federal courts of
<br />shall not attempt to access or disclose the Firmware to appropriate jurisdiction in or near the county in which
<br />any party,or transfer,copy,license,sub-license,Participant is located.Any waiver must in in writing
<br />modify,translate,reverse engineer,decompile,and signed by the party to be charged and a waiver of
<br />disassemble,tamper with,or create any derivative any portion of this Agreement shall not be deemed a
<br />work based on Firmware,waiver or renunciation of other portions.Rights and
<br />obligations under this Agreement which by their
<br />Participant will use reasonable care to protect card nature should survive will remain in effect after
<br />readers from loss,theft,damage or any legal termination or expiration hereof.In the event that any
<br />encumbrance.AllPaid shall provide card readers and provision of this Agreement is adjudicated by any
<br />installation instructions at service implementation and court of competent jurisdiction to be invalid,illegal,
<br />when providing any replacement or additional card void,or unenforceable,all other provisions of this
<br />readers by shipment to a location Participant Agreement shall remain in full force and effect.
<br />designates or,at AllPaid's option,Participant will
<br />allow AllPaid and its designated representatives 12.Completeness.This Agreement including its
<br />reasonable access to Participant's premises for authorized attachment(s)is the entire agreement
<br />training purposes and device installation,repair,between the parties and expresses the complete
<br />removal,modification,upgrades,and relocation.understanding of the parties,superseding all prior or
<br />contemporaneous agreements with regard to the
<br />Card readers for use with Gov$wipe are designed to subject matter herein.This Agreement may not be
<br />communicate Payer data to A11Paid through altered,amended or modified except in a writing
<br />Participant's computing equipment to which they are incorporated hereto and signed by the parties,
<br />cable-attached via USB port.Internet access to provided,however,that AllPaid may revise the terms
<br />AllPaid is required for transaction processing via of this Agreement if required to comply with law,
<br />Gov$wipe and is enabled solely by Participant's regulation,or card industry rules and AlIPaid provides
<br />computers and networks.Participant is responsible to prompt notice to Participant of such change(s)and
<br />use standard safeguards and practices to keep its may modify fees per Section 3.
<br />computers and networks secure and free from
<br />malicious software or hardware.AllPaid shall not be
<br />held liable to Participant for exposure of Participant's
<br />computers or networks to malicious software or [REMAINDER OF PAGE INTENTIONALLY
<br />hardware of any kind.A11Paid is solely responsible for BLANK]
<br />the maintenance of any card readers and shall supply
<br />Participant with replacement card readers on
<br />Participant's request and as AllPaid deems
<br />appropriate.Upon termination of the Agreement,
<br />AllPaid may require Participant to return card readers
<br />at AllPaid's expense and by such method as AllPaid
<br />specifies.
<br />11.Miscellaneous.There are no third-party
<br />beneficiaries to this Agreement.This Agreement may
<br />not be assigned,in whole or in part,by either party
<br />hereto without prior written consent of the other party,
<br />which consent shall not be unreasonably withheld.
<br />Either party is excused from performance and shall not
<br />be liable for any delay in performance or non-
<br />performance,in whole or in part,caused by the
<br />AllPaid Agree.No.XXXX ST-Name of Entity,20YYMONDD Page 3 of 5
<br />(AllPaid_PAForm_rev2020MARJ5 -GENERAL)
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