Unconditional Performance Guarantee
FOR ACI’S ATR (AUTOMATED TICKET REDEMPTION) KIOSK

ACI unconditionally guaranties that during the thirty (30) day period commencing with the day after the ATR installation, that the ATR described in the invoice (including its associated components and parts, hardware and software), (the “Products”) shall properly perform in accordance with ACI’s written marketing materials previously supplied to Purchaser. (If multiple ATR’s were purchased, the UPG runs from the date of the first ATR installation).

IF FOR ANY REASON IN THE THIRTY (30) DAY PERIOD AFTER THE INSTALLATION (THE “CANCELLATION PERIOD”), THE PRODUCTS DO NOT PERFORM AS REPRESENTED IN ACI’S WRITTEN MATERIALS GIVEN TO PURCHASER AND IN THE EVENT AFTER REASONABLE OPPORTUNITY TO DO SO ACI HAS NOT BEEN ABLE TO REMEDY, REPAIR OR RESOLVE THE PERFORMANCE PROBLEM TO PURCHASER’S COMMERCIALLY REASONABLE SATISFACTION, THEN PURCHASER SHALL HAVE THE OPTION OF REQUIRING ACI TO REMOVE THE PRODUCTS AND GAINING A FULL REFUND OF THE PURCHASE PRICE.

During the Cancellation Period, Purchaser is obligated to promptly report to ACI, both orally and by either e-mail (through use of ACI’s Support Order System) or by facsimile transmission, any performance-related problems and to cooperate in good faith with ACI's efforts at providing service and rectifying the reported problem. It shall not be grounds for cancellation if (i) the problem is traced to hardware or software not provided by ACI; or (ii) if the hardware and software with which the ATR units are required to interface are not as previously specified by Purchaser to ACI (Or were changed during the cancellation period); or (iii) if any of the Products have been vandalized or modified in a fashion not approved by ACI in writing; or (iv) the systems with which the ATR interfaces has been modified in any fashion; or (v) notice of the problem was not promptly reported to ACI, and/or (vi) purchaser failed to cooperate in aci’s efforts to rectify the reported problem.

If this Agreement is properly cancelled, then Purchaser shall remove the Products covered by the cancelled purchase from Purchaser's premises and shall deliver such Products to a location designated by ACI in writing or, if not designated, then to ACI in Exton, Pennsylvania, and upon delivery of the Products, ACI shall refund the sums paid to ACI on account of such returned units. Shipment shall be the obligation of Purchaser F.O.B. destination. So long as all of the Products are returned undamaged, Buyer will have no further obligation under this Agreement.

THE LIMITED WARRANTY CONTAINED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The term “installation” as used in the UPG means the ATR has been placed on the Casino floor, connected to the Casino IT network, ACI’s proprietary software installed, the first test ticket has been successfully redeemed and ACI has turned the ATR kiosk over the Casino for unrestricted use.