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Qashier Terminal Device Software License Agreement (EULA)

Last modified: 1 August 2025

PLEASE READ THIS TERMINAL DEVICE SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR QASHIER TERMINAL PRODUCT OR INSTALLING ANY UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR QASHIER TERMINAL PRODUCT OR INSTALLING AN UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE QASHIER TERMINAL PRODUCT OR INSTALL THE UPDATE. IF YOU HAVE RECENTLY PURCHASED A QASHIER TERMINAL PRODUCT AND YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE QASHIER TERMINAL PRODUCT, UNUSED, WITHIN THE APPLICABLE RETURN PERIOD TO THE QASHIER ENTITY OR AUTHORIZED DISTRIBUTOR FROM WHICH YOU OBTAINED IT FOR A REFUND, SUBJECT TO THE RETURN POLICY THAT IS MADE AVAILABLE TO YOU.

1. Definitions

“Qashier” means the Qashier entity or entities as indicated below:

1. If your Country of Residence is Singapore, your Qashier entity is Qashier Pte. Ltd.
2. If your Country of Residence is Malaysia, your Qashier entities are Qashier Sdn. Bhd. and QashierPay Sdn. Bhd.
3. If your Country of Residence is the Philippines, your Qashier entities are CashlessPOS, Inc. and QashierPay, Inc.
4. If your Country of Residence is Thailand, your Qashier entities are Cashless Co., Ltd. and QashierPay Co., Ltd.

“Qashier Terminal Product” means a physical Point of Sale (POS) device that is intended by Qashier to be used with the Services (as defined in Section 3 below).

“Terminal Device Software” means (a) the software and firmware provided by Qashier or its designee on, or for installment on, a Qashier Terminal Product, including Verifone and other third-party application developer kits and associated documentation, and sample code that Qashier uses to develop Qashier Terminal Products; (b) other software that Qashier or its designee provides or makes available to you for installation on a Qashier Terminal Product; and (c) documentation provided by Qashier or its designee with your Qashier Terminal Product (together, the “Original Terminal Device Software”), as may be updated or replaced by Qashier or its designee (“Updates”), in any form.

2. Delivery and Updates

2.1 Delivery: The Original Terminal Device Software will be delivered as installed on the Qashier Terminal Product or provided as a download.

2.2 Updates:

1. From time to time, Qashier (or other licensors of the Terminal Device Software) may, at its discretion, require or make available future Updates. All Updates are mandatory unless otherwise designated by Qashier. The terms of this License will govern all Updates, unless an Update is accompanied by a separate license, in which case the terms of that license will govern.
2. The Terminal Device Software may periodically check with Qashier for Updates. An Update may automatically download and install onto your Qashier Terminal Product. You agree that Qashier may push an Update directly to Qashier Terminal Products (including through its SDK or API). If an Update is not automatically downloaded or installed, then Qashier will notify you of the Update and direct you to where you can download the applicable Update. When you receive a notice to make a required Update, you must implement the Update by the date provided in the notice, or within 30 days from the date of the notice if Qashier does not provide a different date. If you do not implement an Update by the required date, the affected Qashier Terminal Products may not function properly. Qashier will not be obligated to provide services or support for any Qashier Terminal Products that include outdated versions of the Terminal Device Software.

2.3 Availability: Features of the Terminal Device Software and the Services may not be available in all languages or regions and some features may vary by region. Terminal Device Software provided with a particular Qashier Terminal Product may not run on other models or versions of Qashier Terminal Products. Updates may not include all prior software features or new features that Qashier releases for newer or other models or versions of Qashier Terminal Products.

3. Services

The Terminal Device Software may enable access to Qashier’s payment processing and other related services (“Services”). Use of these Services requires Internet access, a Qashier account and agreement to additional terms and conditions, which include the payment of fees to Qashier. No additional fees are payable under this License. Qashier’s standard terms for these Services can be reviewed at www.qashier.com/[country code]/legal, where “[country code]” is the two-letter code for the country where the Qashier Terminal Product is originally shipped by or on behalf of Qashier or its affiliate (“Qashier Services Agreement”). The Qashier Services Agreement will apply to those Services unless Qashier has agreed in writing to other terms for the Services.

4. Permitted License Uses

4.1 License: Unless otherwise allowed by a separate agreement between you and Qashier, subject to the terms and conditions of this License, Qashier grants you a limited, non-exclusive, non-transferable (other than as allowed in this License), non-sublicensable license to (a) use the Terminal Device Software on a single Qashier Terminal Product that you own or control; and (b) reproduce the Terminal Device Software with all notices intact for backup purposes only.

4.2 Exclusions: This License does not allow you (and you agree not) to (a) use or run the Terminal Device Software on more than one Qashier Terminal Product at a time; (b) use or run the Terminal Device Software on any product other than the Qashier Terminal Product model for which the Terminal Device Software is designated by Qashier, unless separately agreed with Qashier in writing; (c) use or run the Terminal Device Software in any way other than in accordance with the applicable documentation; (d) distribute or make the Terminal Device Software available over a network where it could be used by multiple devices at the same time; or (e) enable any others to do (a)–(d). Notwithstanding the foregoing, you may distribute elements of the Terminal Device Software identified by Qashier as “distributable”, if any, as long as you do so solely in binary or object code form and subject to the terms of an end user license agreement at least as protective of Qashier and its licensors as the terms of this License.

4.3 Reservation of Rights: As between Qashier and you, Qashier and its licensors retain ownership of the Terminal Device Software, including all related intellectual property rights, and Qashier and its licensors reserve all rights not expressly granted to you under this License. The Terminal Device Software is licensed, not sold, to you by Qashier for use only under the terms of this License. No ownership rights are transferred to you under this License.

5. Restrictions

5.1 Compliance with Law: You agree to use the Terminal Device Software and the related Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you access or use the Terminal Device Software and Services.

5.2 Modifications and Reverse Engineering: Except to the extent that the following restriction is not permitted under applicable law, you must not (and you must not enable others to) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of all or any part of the Terminal Device Software or any services provided by the Terminal Device Software. You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Terminal Device Software.

5.3 Transfer: You must not (and you must not enable others to) rent, lease, lend, sell, share, redistribute or sublicense the Terminal Device Software (unless expressly permitted under this License or otherwise by Qashier in writing), except that you may distribute elements of the Terminal Device Software identified by Qashier as “distributable” in accordance with Section 4.2. You may also make a one-time, permanent transfer of all of the Terminal Device Software and your license rights to the Terminal Device Software to another party in connection with the transfer of ownership of your Qashier Terminal Product, as long as (a) the transfer includes your Qashier Terminal Product and all of the Terminal Device Software, and this License; (b) you do not retain any copies of the Terminal Device Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Terminal Device Software agrees to and is bound by this License.

6. Suspension; Termination

This License is effective until terminated. Qashier may at any time, without notice to you, suspend your ability to use the Terminal Device Software if Qashier reasonably believes you have failed to comply with Section 4.2 or 5 of this License. Your rights under this License will terminate automatically or otherwise not be effective without notice from Qashier if (a) your agreement with Qashier for Services terminates (in whole or in relevant part); or (b) you fail to comply with any term of this License, which non-compliance is not remedied within 30 days after notice from Qashier. Upon the termination of this License, you must stop all use of the Terminal Device Software. Sections 4.4, 5, 6, 7, 8, and 10 of this License survive termination.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TERMINAL DEVICE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND QASHIER AND QASHIER’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE TERMINAL DEVICE SOFTWARE AND SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. QASHIER AND QASHIER’S LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE TERMINAL DEVICE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE TERMINAL DEVICE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE TERMINAL DEVICE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE TERMINAL DEVICE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. Some jurisdictions do not allow the exclusion of implied warranties or limitations on certain statutory rights, so some or all of the above exclusion and limitations may not apply to you.

8. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL QASHIER OR ITS AFFILIATES, AGENTS, OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, LOST PROFITS, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE TERMINAL DEVICE SOFTWARE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF QASHIER HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT WILL QASHIER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO QASHIER FOR THE SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO YOUR CLAIM FOR DAMAGES. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so part or all of this limitation may not apply to you.

9. Export Control

You must not use or otherwise export, re-export or transfer the Terminal Device Software except as authorized by the laws of the above Country of Residences and the laws of the jurisdiction(s) in which the Terminal Device Software was distributed and obtained, including by providing access to Terminal Device Software (a) to any individual or entity ordinarily resident in a High-Risk Jurisdiction; or (b) to any High-Risk Person. By using the Terminal Device Software, you represent as of the Effective Date and warrant during the Term that you are not (x) located in or organized under the laws of any High-Risk Jurisdiction; (y) a High-Risk Person; or (z) owned 50% or more, or controlled, by individuals and entities (i) located in or, as applicable, organized under the laws of any High-Risk Jurisdiction; or (ii) any of whom or which is a High-Risk Person. You must not use the Terminal Device Software for any purposes prohibited by Law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

10. General

10.1 Governing Law; Jurisdiction; Venue: For Terminal Device Software installed on Qashier Terminal Products, this License will be governed by and construed in accordance with the laws of the Country of Residence (e.g. Singapore, Malaysia, Philippines, Thailand) of your applicable Qashier entity or entities, without giving effect to any conflict of law principles. The parties irrevocably consent to the exclusive jurisdiction and venue of the courts located in the laws of the Country of Residence, with respect to any claims, suits or proceedings arising out of or in connection with this License, and you and Qashier each agree not to commence or prosecute any claim, suit or proceeding other than in these courts. You and Qashier each waive all defenses of lack of personal jurisdiction and forum non-conveniens.

10.2 Assignment: Subject to Section 5.3, you may not assign this License, or any rights or licenses granted in this License, without Qashier’s prior written consent. If you wish to make an assignment, please contact Qashier. Qashier may assign this License without your consent or any other restriction. If Qashier assigns this License, Qashier will provide reasonable notice to you.

10.3 No Agency: Nothing in this License serves to establish a partnership, joint venture, or other agency relationship between you and Qashier. Qashier and you are independent contractors. You will have no authority to enter into any agreement on Qashier’s behalf or in Qashier’s name or otherwise bind Qashier to any agreement or obligation.

10.4 Notices: You agree that Qashier can provide notices regarding the Terminal Device Software or this License to you through the Qashier website or through the QashierHQ (accessible within Services), or by mailing notices to the email or physical addresses identified in your Qashier account. You agree that electronic delivery of a notice has the same legal effect as if Qashier provided you with a physical copy. Notice will be deemed received by you within 24 hours after the notice is posted to the Qashier website or the QashierHQ, emailed to you or delivered to your physical address, as applicable.

10.5 Miscellaneous: If any provision of this License is determined by any court or governmental authority to be unenforceable, the parties intend that this License be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable. The rights and remedies of the parties under this License are cumulative, and either party may enforce any of its rights or remedies under this License, along with all other rights and remedies available to it under law or in equity. No provision of this License will be construed against any party on the basis of that party being the drafter. The failure of either party to enforce any provision of this License will not constitute a waiver of that party’s rights to subsequently enforce the provision. This License constitutes the entire agreement and understanding of the parties with respect to the Terminal Device Software and supersedes any prior or contemporaneous understandings.