Common use of Equipment and Software Clause in Contracts

Equipment and Software. You are responsible for providing your own mobile device that supports 128-bit encryption. Mobile Banking users must download, install and use certain software systems and programs developed by us, our licensors or other third-parties. We are not responsible for any damage to your mobile device resulting from such activities. You are responsible for obtaining your own mobile communications service provider. You are responsible for all fees and charges that you may incur to any mobile communications service provider or any other third parties whiles using Mobile Banking Service. We are not a party to, and we have no duty, liability or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any mobile device, hardware, software or any product or service you may purchase from others relating to your use of Mobile Banking. Your mobile device may become subject to unauthorized tracking, “hacking,” or other manipulation by spyware, viruses or other malicious code (“malware”). We are not responsible for advising you of the existence or potential effect of any malware. We are also not responsible if any non-public personal information is accessed via Mobile Banking due to any malware residing or being contracted by your mobile device at any time or from any source. You will take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You are agree not to leave your mobile device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your mobile device, login information, or other means to access Mobile Banking, you will be held responsible for any transactions they authorize and will be will not be liable for any damages resulting to you. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR THE AGREEMENTS GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKING, MOBILE BANKING AND SUCH SOFTWARE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS. YOUR USE OF THE MOBILE BANKING SOFTWARE AND MOBILE BANKING SERVICES AND ANY MATERIAL OR SERVIES OBTAINED VIA MOBILE BANKING IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.

Equipment and Software. You are responsible for providing your own mobile device and maintaining any equipment that supports 128-bit encryptionis necessary for the Services, such as telephones, terminals, modems and computers. Mobile Banking users must downloadYou agree to use equipment that is compatible with our programs, install and use certain software systems and programs developed by usequipment, our licensors or other third-partieswhich we may change from time to time. We are not responsible assume no responsibility for the defects or incompatibility of any damage to your mobile device resulting from such activities. You are responsible for obtaining your own mobile communications service provider. You are responsible for all fees and charges equipment or software that you may incur to any mobile communications service provider or any other third parties whiles using Mobile Banking Service. We are not a party to, and we have no duty, liability or responsibility with respect to or use in connection with (i) your mobile communications service provider agreementthe Services, or (ii) any mobile device, hardware, software or any product or service you may purchase from others relating to your use of Mobile Banking. Your mobile device may become subject to unauthorized tracking, “hacking,” or other manipulation by spyware, viruses or other malicious code (“malware”). We are not responsible for advising you of the existence or potential effect of any malware. We are also not responsible even if any non-public personal information is accessed via Mobile Banking due to any malware residing or being contracted by your mobile device at any time or from any sourcewe have previously approved their use. You bear sole responsibility for establishing, maintaining and updating procedures, equipment and software and other Internal Security Controls that will take every precaution to ensure effectively safeguard the safety, security and integrity of your account and transactions when using Mobile Banking. You are agree not to leave your mobile device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your usernamecomputer systems from unauthorized use, password intrusion, takeover or other access information to any unauthorized person. If you permit other persons to use your mobile devicetheft, login information, or other means to access Mobile Banking, you will be held responsible for any transactions they authorize and will be will not be liable for any damages resulting to youprevent your Access Credentials from unauthorized use, disclosure or discovery. EXCEPT AS SPECIFICALLY OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR THE AGREEMENTS GOVERNING THE TERMS OF VENDORS MAKE ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKING, MOBILE BANKING AND SUCH SOFTWARE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KINDWARRANTY, EXPRESS OR IMPLIED, INCLUDINGIN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO, WARRANTIES TO ANY IMPLIED WARRANTY OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PURPOSE OR OF MERCHANTABILITY OR OF NON-INFRINGEMENT INFRINGMENT, WITH RESPECT TO THE SERVICES, EQUIPMENT OR ANY OTHER WARRANTY AS SOFTWARE MADE AVAILABLE TO PERFORMANCEYOU. Services, ACCURACY OR COMPLETENESSequipment, and software are provided “as is”. YOUR USE OF THE MOBILE BANKING SOFTWARE AND MOBILE BANKING SERVICES AND ANY MATERIAL OR SERVIES OBTAINED VIA MOBILE BANKING IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USEYou agree to notify us promptly if any equipment or software we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to replace or repair the defective equipment or software. We do not warrant that the equipment or software provided to you will be error free or that the Services will be uninterrupted. You agree to comply with the terms of any software license provided to you in connection with the Services. You may not transfer, distribute, copy, reverse compile, modify or alter any software provided. Unless otherwise agreed by us in writing, the equipment, Service guides, security procedures, and systems provided to you in connection with a Service represent our proprietary property and must be returned to us upon request. We and/or our suppliers retain all right, title and interest in and to the intellectual property rights associated with the Services, the equipment, and software. Your license to use equipment and/or software will end with the termination of this Agreement or upon our earlier notice to you. You may only use the equipment and software in connection with your use of the Services. You may not use or move the equipment or software outside the United States without our written consent.

Equipment and Software. You Mobile phones and other Devices with internet capabilities are responsible at risk for providing your own mobile device that supports 128-bit encryption. Mobile Banking users must download, install and use certain software systems and programs developed by us, our licensors or other third-parties. We are not responsible for any damage to your mobile device resulting from such activitiesviruses. You are responsible for obtaining ensuring that your own mobile communications service provider. You are responsible for all fees and charges that you may incur Device is protected from such viruses which could result in damage to any mobile communications service provider your programs, files, or any other third parties whiles using Mobile Banking ServiceDevice. We are will not a party tobe responsible or liable for any indirect, and we have no dutyincidental, liability special or responsibility with respect to or in connection with (i) your mobile communications service provider agreement, or (ii) any mobile device, hardware, software or any product or service you consequential damages which may purchase result from others relating to your use of Mobile Banking. Your mobile device may become subject to unauthorized tracking, “hacking,” or other manipulation by spyware, viruses or other malicious code (“malware”)such viruses. We are not responsible for advising you of the existence or potential effect of any malware. We are will also not be responsible if any non-public nonpublic, personal information is accessed via Mobile Banking QNB-MB due to any malware of the above named viruses residing or being contracted by your mobile device Device at any time or from any source. We are not responsible for any errors, delays, or your inability to access the service caused by your Device. We are also not responsible for any damage to the Device or data within. To perform transfers through QNB-MB, you must have sufficient funds available in the accounts involved at the time the transfer is received. We reserve the right to cancel any transfers that do not contain sufficient funds to do so. We also may process transfers that exceed the available balance at our sole discretion, which may result in overdraft fees. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option as permitted by Law. You agree to verify the completion of each transfer in your account balance and transaction history before withdrawing transferred funds. Responsibilities -You agree to the following by enrolling in QNB-MB or by using the Service: Account(s) Ownership/Accurate Information – You agree that you are the legal owner of the accounts and other financial information which may be accessed via QNB-MB. You represent and agree that all the information you provide to us in connection with QNB-MB is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of using QNB-MB. You agree not to misrepresent your identity or your account information. You represent that you are an authorized user of the Device you will use to access QNB-MB. You agree that you are responsible for all transactions processed through your Mobile Device. If you give your information to an unauthorized user, you will be responsible for all transactions that they perform through the Service User Security – You agree to take every precaution to ensure the safety, security security, and integrity of your account and transactions when using Mobile BankingQNB-MB. You are agree not to leave your mobile device Device unattended while logged into Mobile Banking QNB-MB and to log off immediately at the completion of each access by you. You agree not to provide your username, password password, or other access information to any unauthorized person. If you permit other persons to use your mobile deviceDevice, login information, or other means to access Mobile BankingQNB-MB, you will be held are responsible for any transactions they authorize and will be we will not be liable for any damages resulting to you. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR THE AGREEMENTS GOVERNING THE TERMS OF ANY LICENSE RIGHT RELATING TO THE USE OR OPERATION OF MOBILE BANKINGYou agree not to use any personally identifiable information when creating shortcuts to your account. We make no guarantee that any content or use of QNB-MB is available outside of the United States. Accessing QNB-MB from locations outside of the United States is at your own risk. User Conduct – You agree not to use QNB-MB or the content or information delivered through QNB-MB in any way that would: (a) infringe any third-party copyright, MOBILE BANKING AND SUCH SOFTWARE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KINDpatent, EXPRESS OR IMPLIEDtrademark, INCLUDINGtrade secret, BUT NOT LIMITED TOor other proprietary rights or rights of privacy, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEincluding any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, NONincluding, but not limited to, use of QNB-INFRINGEMENT OR ANY OTHER WARRANTY AS TO PERFORMANCEMB to impersonate another person or entity; (c) violate any law, ACCURACY OR COMPLETENESSstatute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) be false, misleading, or inaccurate; (e) create liability for QNB or our affiliates or service providers, or cause QNB to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening, or disrupt computer networks connected to QNB-MB; (i) interfere with or disrupt the use of QNB-MB by any other user; or (j) use QNB-MB in such a manner as to gain unauthorized entry or access to the computer systems of others. YOUR USE OF THE MOBILE BANKING SOFTWARE AND MOBILE BANKING SERVICES AND ANY MATERIAL OR SERVIES OBTAINED VIA MOBILE BANKING IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.Indemnification – Unless caused by bank intentional misconduct or gross negligence, you agree to indemnify, defend, and hold QNB harmless, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from (a) third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the Service;