|
In the event that your authority to accept benefits is suspended or termi- 30.2)associated therewith)collectively"Wirele r `_ ," T' `_ `' �t
<br /> nated by a state or its EBT service provider,and you successfully appeal you will pay for the Wireless Services are set fc 6.1.D. - Page 37
<br /> such suspension or termination to the state or its EBT service provider,we Schedule.
<br /> shall be under no obligation to reinstate the services previously provided. . Licenses. You agree to obtain any and all licenses,permits or other
<br /> The provision of services under this Section 29.6 shall terminate automati- authorizations required by the Federal Communications Commission
<br /> cally in the event that our Agreement or our service provider's agreement ("FCC")or any other regulatory authority,if any,for the lawful
<br /> with any applicable state's EBT service provider terminates for any reason. operation of terminal Wireless Equipment used by you in connection
<br /> 29.7. Confidentiality of EBT System Information. All information with your receipt of Wireless Services.You will promptly provide us
<br /> related to EBT recipients and/or the issuance of benefits shall be considered With all such information as we may reasonably request with respect to
<br /> confidential information. matters relating to the rules and regulations of the FCC.
<br /> Individually identifiable information relating to a benefit recipient or • Improvements/General Administration. We and the Wireless Vendor(s)
<br /> applicant for benefits will be held confidential and will not be disclosed reserve the right to make changes,from time to time,in the configur-
<br /> by you or your directors,officers,employees or agents,without prior ation of the Wireless Services,Wireless Network(s),Wireless Equipment,
<br /> written approval of the applicable state. Wireless Software,rules of operation,accessibility periods,
<br /> identification procedures,type and location of equipment,allocation
<br /> The use of information obtained by you in the performance of your duties and quantity of resources utilized,programming languages,
<br /> under this Section 29.7 will be limited to purposes directly connected administrative and operational algorithms and designation of the
<br /> with such duties. control center serving you at the particular address.In addition,we
<br /> 29.8. EBT Service Marks. You will adequately display any applicable reserve the right to schedule,from time to time,interruptions of
<br /> state's service marks or other licensed marks,including the Quest mark, service for maintenance activities.
<br /> and other materials supplied by us,(collectively the"Protected Marks")in 30.2. Software Licenses.We hereby grant to you a non-exclusive,
<br /> accordance with the standards set by the applicable state.You will use the nontransferable limited sublicense to use any Wireless Software solely in
<br /> Protected Marks only to indicate that benefits are issued at your location(s) connection with your purchase and use of the Wireless Services.As used
<br /> and will not indicate that we,any state or its EBT service provider or we in this Section 30,Wireless"Software"means all software used in,for or in
<br /> endorses your goods or services.Your right to use such Protected Marks connection with the Wireless Equipment,the Wireless Services or the
<br /> pursuant to this Agreement will continue only so long as this Agreement access thereto in whatever form,including without limitation source code,
<br /> remains in effect or until you are notified by us,any state or its EBT service object code and microcode,including any computer programs and any
<br /> provider to cease their use or display. documentation relating to or describing the software.You acknowledge
<br /> 29.9. Miscellaneous. that the only right you obtain to the Wireless Software is the right to use
<br /> 29.9.1.Amendments. If any of these terms and conditions are found the Wireless Software in accordance with the terms in this Section.
<br /> to conflict with federal or state law,regulation or policy of the rules,these 30.3. Limitation on Liability. We shall have no liability for any
<br /> terms and conditions are subject to reasonable amendment by a state or warranties by any party with respect to uninterrupted Wireless Services,as
<br /> its EBT service provider to address such conflict upon twenty(20)days set forth in Section 30.10,or for any third party's unauthorized access to
<br /> written notice to you provided that you may,upon written notice, Client's data transmitted through either the Wireless Equipment or Wireless
<br /> terminate your obligation under this Section 29 upon receipt of notice of Services,or Wireless Networks,regardless of the form of action(whether
<br /> such amendment. in contract,tort(including negligence),strict liability or otherwise).The
<br /> 29.9.2.State Action. Nothing contained herein shall preclude a state foregoing notwithstanding,for any other liability arising out of or in any
<br /> from commencing appropriate administrative or legal action against you Way connected with these Wireless ServicesTerms,including liability
<br /> or for making any referral for such action to any appropriate federal,state, resulting solely from loss or damage caused by partial or total failure,
<br /> or local agency. delay or nonperformance of the Wireless Services or relating to or arising
<br /> from your use of or inability to use the Wireless Services,Processor's,
<br /> , Bank's,and Vendor(s)'liability shall be limited to your direct damages,if
<br /> , , any,and,in any event,shall not exceed the amount paid by you for the
<br /> If you elect to purchase any Wireless Equipment from us as indicated on particular Wireless Services during any period of failure,delay,or non-
<br /> the Application,then the following terms and conditions of this Section performance of the Wireless Services.In no event shall Servicers,Wireless
<br /> 30,referred to as the Wireless ServicesTerms,shall apply.THE WIRELESS Vendor(s)or our respective affiliates be liable for any indirect incidental,
<br /> SERVICES ARE NOT BEING SOLD TO YOU FOR HOME OR PERSONAL USE. special or consequential damages.The remedies available to you under
<br /> Sale of Wireless Services is made by Processor and not the Bank. these Wireless Services terms will be your sole and exclusive remedies.
<br /> Through our affiliates,we have acquired the right to resell and sublicense 30.4. Indemnification.In addition to any other indemnifications as set
<br /> certain wireless POS Terminals and accessories(the"Wireless Equipment") forth in this Agreement,you will indemnify and hold Servicers,Vendor(s)
<br /> and wireless data communication services using radio base stations and and us and our respective officers,directors,employees,and affiliates
<br /> switching offered by the various cellular telephone and data networks harmless from against any and all losses,claims,liabilities,damages,costs
<br /> throughout the country(the"Wireless Networks")in order to allow you to or expenses arising from or related to:
<br /> capture and transmit to us certain wireless Credit and Debit Card Author-
<br /> ization transactions or to transmit other communications to our system. a. the purchase,delivery,acceptance,rejection,ownership,possession,
<br /> use condition,liens against,or return of the Wireless Services;
<br /> You acknowledge that one or more independent third party vendors
<br /> ("Wireless Vendor(s)")has developed and provides the Wireless b. your negligent acts or omissions;or
<br /> Equipment and Wireless Services to us through our affiliates under c. any breach by you of any of your obligations under this Section 30;or
<br /> separate agreement(s). d. any third party's unauthorized access to Client's data and/or unauthor-
<br /> In the event you elect to purchase voice and/or data services directly from ized financial activity occurring on your Merchant Account Number
<br /> a third party provider for use with the Wireless Equipment as permitted by hereunder,except to the extent any losses,liabilities,damages or
<br /> Processor,you acknowledge and agree that the Agreement does not expenses result from our gross negligence or willful misconduct.
<br /> address or govern those voice and/or data services or your relationship 30.5. Confidentiality.All information or materials which could
<br /> with that third party provider,and Servicers are in no way responsible for reasonably be considered confidential or competitively sensitive that you
<br /> providing,maintaining,servicing or supporting such third party voice access from or relate to either vendors or us related to the subject matter
<br /> and/or data services. of this Wireless Services Agreement will be considered confidential
<br /> 30.1. Purchase of Wireless Services.In connection with your purchase information.You will safeguard our confidential information with at least
<br /> of Wireless Equipment,you will purchase the Wireless Networks'Service the same degree of care and security that you use for your confidential
<br /> and obtain sublicenses to use any Wireless Software(as defined in Section information,but not less than reasonable care.
<br /> WFB1301 23
<br />
|