Common use of Equipment and Software Clause in Contracts

Equipment and Software. You are responsible for obtaining and maintaining any equipment that is necessary for the Services and communications, such as telephones, terminals, modems and computers. You agree to use equipment and/or software that is compatible with Bank’s programs, systems and equipment, which we may change from time to time, with or without notice. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Bank’s Services, even if we have previously approved their use. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR VENDORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE (COLLECTIVELY “EQUIPMENT”). You agree to notify us promptly if any Equipment we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to replace or repair the defective Equipment. We assume no responsibility for any errors, failures, or malfunctions of your Equipment, or for any computer virus or related problems that may occur with use of the Services. You agree to comply with the terms of any software or other license provided to you in connection with the Services. Unless we agree otherwise in writing: (a) any license you receive will be personal, limited, revocable, non-transferable and non-exclusive; (b) you may not transfer, distribute, copy, share, sublicense, reverse engineer, modify, or create derivative works from any Equipment; (c) 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 promptly upon request; (d) we and/or our suppliers retain all right, title and interest in and to the intellectual property rights associated with the Services and the Equipment; and (e) you may not use or move Equipment outside the United States. Your license to use Equipment and Services will end with the termination of this Agreement or upon our earlier notice to you. You may only use the Equipment in connection with your use of the Services.

Equipment and Software. You are responsible for obtaining and maintaining any equipment that is necessary for the Services and communicationsServices, such as telephones, terminals, modems and computers. You agree to use equipment and/or software that is compatible with Bank’s our programs, systems and equipment, which we may change from time to time, with or without notice. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Bank’s Services, even if we have previously approved their use. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR VENDORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE (COLLECTIVELY “EQUIPMENT”). You agree to notify us promptly if any Equipment we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to replace or repair the defective Equipment. We assume no responsibility for any errors, failures, do not warrant that the Equipment provided to you will be error free or malfunctions of your Equipment, or for any computer virus or related problems that may occur with use of the ServicesServices will be uninterrupted. You agree to comply with the terms of any software or other license provided to you in connection with the Services. Unless we agree otherwise in writing: (a) any license you receive will be personal, limited, revocable, non-transferable and non-non- exclusive; (b) you may not transfer, distribute, copy, share, sublicense, reverse engineer, modify, or create derivative works from any Equipment; (c) the Equipment, User and/or Service guidesGuides, security procedures, and systems provided to you in connection with a Service represent our proprietary property and must be returned to us promptly upon request; (d) we and/or our suppliers retain all right, title and interest in and to the intellectual property rights associated with the Services and the Equipment; and (e) you may not use or move Equipment outside the United States. Your license to use Equipment and Services will end with the termination of this Agreement or upon our earlier notice to you. You may only use the Equipment in connection with your authorized use of the Services.

Equipment and Software. You are responsible for obtaining providing and maintaining any equipment that is necessary for the Services and communicationsServices, such as telephones, terminals, modems and computers. You agree to use equipment and/or software that is compatible with Bank’s our programs, systems and equipment, which we may change from time to time, with or without notice. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Bank’s Services, even if we 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 effectively safeguard the security and integrity of your computer systems from unauthorized use, intrusion, takeover or theft, and will prevent your Access Credentials from unauthorized use, disclosure or discovery. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR VENDORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE (COLLECTIVELY “EQUIPMENT”)MADE AVAILABLE TO YOU. You agree to notify us promptly if any Equipment 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 Equipmentequipment or software. We assume no responsibility for any errors, failures, do not warrant that the equipment or malfunctions of your Equipment, software provided to you will be error free or for any computer virus or related problems that may occur with use of the ServicesServices will be uninterrupted. You agree to comply with the terms of any software or other license provided to you in connection with the Services. Unless we agree otherwise in writing: (a) any license you receive will be personal, limited, revocable, non-transferable and non-exclusive; (b) you You may not transfer, distribute, copy, sharereverse compile, sublicensemodify or alter such software. Unless otherwise agreed by us in writing, reverse engineer, modify, or create derivative works from any Equipment; (c) the Equipmentequipment, Service guides, security procedures, and systems provided to you in connection with a Service represent our proprietary property and must be returned to us promptly upon request; (d) we . We and/or our suppliers retain all right, title and interest in and to the intellectual property rights associated with the Services and the Equipment; equipment and (e) you may not use or move Equipment outside the United Statessoftware. Your license to use Equipment and Services 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 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 are responsible for obtaining providing and maintaining any equipment that is necessary for the Services and communicationsService, such as telephones, terminals, modems and computers. You agree to use equipment and/or software that is compatible with Bank’s our programs, systems and equipment, which we may change from time to time, with or without notice. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Bank’s Services, even if we 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 effectively safeguard the security and integrity of your computer systems from unauthorized use, intrusion, takeover or theft, and will prevent your Access Credentials from unauthorized use, disclosure or discovery. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR VENDORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE (COLLECTIVELY “EQUIPMENT”)MADE AVAILABLE TO YOU. You agree to notify us promptly if any Equipment 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 Equipmentequipment or software. We assume no responsibility for any errors, failures, do not warrant that the equipment or malfunctions of your Equipment, software provided to you will be error free or for any computer virus or related problems that may occur with use of the ServicesServices will be uninterrupted. You agree to comply with the terms of any software or other license provided to you in connection with the Services. Unless we agree otherwise in writing: (a) any license you receive will be personal, limited, revocable, non-transferable and non-exclusive; (b) you You may not transfer, distribute, distribute copy, sharereverse compile, sublicensemodify or alter such software. Unless otherwise agreed by us in writing, reverse engineer, modify, or create derivative works from any Equipment; (c) the Equipmentequipment, Service guides, security proceduresSecurity Procedures, and systems provided to you in connection with a Service represent our proprietary property and must be returned to us promptly upon request; (d) we . We and/or our suppliers retain all right, title and interest in and to the intellectual property rights associated with the Services and the Equipment; equipment and (e) you may not use or move Equipment outside the United Statessoftware. Your license to use Equipment and Services 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 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. You agree that you have a continuing duty to protect and safeguard our software and will be responsible for any loss, cost, expense, or damage arising from your transmission, failure to safeguard our systems or acts or omissions with regard to security measures or access by your agents or employees. It is our policy to appropriately identify and mitigate cyber-threats and cyber-risks within our operations as well as those that might be present in our product and service offerings. To adequately deal with the persistent threat of cyber-attacks, we work with industry peers and bank regulators in order to collaborate, identify potential weaknesses, and share industry standards and best practices. It is our policy to implement a cybersecurity program that will: identify risks; protect our systems, assets, and data; detect intrusions, breaches, and unauthorized access, respond to potential events, and recover from a cyber-event by restoring normal operations and services in a timely manner. We cannot combat the threat of cyber-attacks unilaterally. We need your cooperation and the cooperation of other customers of Central Bank. You need to be vigilant about your systems also. You should guard against anyone seeking to compromise or hack into your systems in order to get into ours. Avoiding, limiting, and/or mitigating cyber-threats and cyber-attacks is a collaborative responsibility for you and us. We assume no responsibility for any losses incurred by any party as a result of a cyber-attack. Your Administrator. Your Administrator can establish separate Access Credentials (defined above) for you and each Authorized User, perform various administrative tasks, and set limits on each User’s authority to access information and conduct transactions. You assume sole responsibility for the actions of your Administrator (or other person using your Administrator’s Access Credentials), the authority he or she gives others to act on your behalf, and the actions of Authorized Users (or other person using an authorized User’s Access Credentials). You or your Administrator will designate which accounts will be utilized for Service payments and transfers. If your Administrator designates an account with respect to which we have agreed, by separate agreement, to honor a requirement for more than one signature for the withdrawal or transfer of funds, you agree that we may act upon any Service instruction that is accompanied by the Access Credential designated by you or your Administrator for that account and the Service in question. As long as an instruction is accompanied by the designated Access Credential, the transaction will be deemed authorized by you. NOTE: This may mean that we will act upon the instruction of only one person (e.g., to wire funds), even though a separate agreement between you and us requires two or more signatures on checks or other withdrawals or transfers of funds. In addition, nothing in this Agreement shall be deemed to require us to honor any multiple signature requirements.

Equipment and Software. Getting established You are responsible for obtaining and maintaining any equipment that is necessary for the Services and communicationsServices, such as telephones, terminals, modems and computers. You agree to use equipment and/or software that is compatible with Bank’s our programs, systems and equipment, which we may change from time to time, with or without notice. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Bank’s Services, even if we have previously approved their use. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR VENDORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE (COLLECTIVELY “EQUIPMENT”)) MADE AVAILABLE TO YOU. You agree to notify us promptly if any Equipment we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to replace or repair the defective Equipment. We assume no responsibility for any errors, failures, do not warrant that the Equipment provided to you will be error free or malfunctions of your Equipment, or for any computer virus or related problems that may occur with use of the ServicesServices will be uninterrupted. You agree to comply with the terms of any software or other license provided to you in connection with the Services. Unless we agree otherwise in writing: (a) any license you receive will be personal, limited, revocable, non-transferable and non-exclusive; (b) you You may not transfer, distribute, copy, sharereverse compile, sublicensemodify or alter such software. Unless otherwise agreed by us in writing, reverse engineer, modify, or create derivative works from any Equipment; (c) 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 promptly upon request; (d) we . We and/or our suppliers retain all right, title and interest in and to the intellectual property rights associated with the Services and the Equipment; and (e) you may not use or move Equipment outside the United States. Your license to use Equipment and Services will end with the termination of this Agreement or upon our earlier notice to you. You may only use the Equipment in connection with your use of the Services. You may not use or move the Equipment outside the United States without our written consent.

Equipment and Software. You are responsible for obtaining and maintaining any equipment that is necessary for the Services and communicationsServices, such as telephones, terminals, modems and computers. You agree to use equipment and/or software that is compatible with Bank’s our programs, systems and equipment, which we may change from time to time, with or without notice. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Bank’s Services, even if we have previously approved their use. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NEITHER WE NOR OUR SUPPLIERS OR VENDORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES OR ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE (COLLECTIVELY “EQUIPMENT”)) MADE AVAILABLE TO YOU. You agree to notify us promptly if any Equipment we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to replace or repair the defective Equipment. We assume no responsibility for any errors, failures, do not warrant that the Equipment provided to you will be error free or malfunctions of your Equipment, or for any computer virus or related problems that may occur with use of the ServicesServices will be uninterrupted. You agree to comply with the terms of any software or other license provided to you in connection with the Services. Unless we agree otherwise in writing: (a) any license you receive will be personal, limited, revocable, non-transferable and non-exclusive; (b) you You may not transfer, distribute, copy, sharereverse compile, sublicensemodify or alter such software. Unless otherwise agreed by us in writing, reverse engineer, modify, or create derivative works from any Equipment; (c) 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 promptly upon request; (d) we . We and/or our suppliers retain all right, title and interest in and to the intellectual property rights associated with the Services and the Equipment; and (e) you may not use or move Equipment outside the United States. Your license to use Equipment and Services will end with the termination of this Agreement or upon our earlier notice to you. You may only use the Equipment in connection with your use of the Services. You may not use or move the Equipment outside the United States without our written consent.