Common use of Service Warranty Clause in Contracts

Service Warranty. You understand and agree that you are responsible, to the extent permitted by law, for all warranties and indemnifications set forth in Check 21 applying to any Reconverting Credit Union and Truncating Credit Union, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back of the original check. We and our agents may, but shall have no obligation, to screen items or substitute checks for legal compliance. Our Liabilities Performance You acknowledge and agree that we shall not be liable for any damages or loss of any kind resulting from any unintentional error or omission by us in performing Mobile Deposit, in accordance with or unintentional deviation from the terms and conditions of this Agreement, including exhibits or addenda. You acknowledge that our systems and procedures established for providing Mobile Deposit are commercially reasonable. Maintenance of Mobile Deposit or any related services may be performed from time-to-time resulting in interrupted service, delays, or errors in Mobile Deposit or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided. UNLESS OTHERWISE REQUIRED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEES, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON- INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE, OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE).

Service Warranty. You perform the function of converting an original check to a substitute check. Therefore, you understand and agree that you are responsible, to the extent permitted by law, for all warranties and indemnifications set forth in Check 21 applying to any Reconverting Credit Union financial institution and the Truncating Credit Unionfinancial Institution, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that which allows for the creation of a substitute check that which clearly and accurately represents the information on the front and back of the original check. We and our agents may, but shall have no obligationobligation to, to screen items or substitute checks for legal compliance. Our Liabilities Performance You acknowledge agree to defend, indemnify, and agree that we shall not be liable for any damages or hold us and our agents harmless from and against all liability, damage and loss arising out of any kind resulting from any unintentional error or omission by us in performing Mobile Depositclaims, in accordance with or unintentional deviation from the terms and conditions of this Agreement, including exhibits or addenda. You acknowledge that our systems and procedures established for providing Mobile Deposit are commercially reasonable. Maintenance of Mobile Deposit or any related services may be performed from time-to-time resulting in interrupted service, delayssuits, or errors in Mobile Deposit or related servicesdemands brought by third parties with respect to any such substitute checks. Attempts to provide prior notice Disclaimer of scheduled maintenance will be made, but we cannot guarantee that such notice will be providedLiability. UNLESS OTHERWISE REQUIRED BY LAW, YOU ACKNOWLEDGE THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE SHALL ARE NOT BE RESPONSIBLE FOR ANY LOSS ERRORS OR DAMAGE CAUSED BY MOBILE BANKINGOMISSIONS IN OR TO ANY INFORMATION RESULTING FROM YOUR USE OF THE SERVICE. NOR SHALL WE MAKE NO WARRANTIES AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE RESPONSIBLE FOR ANY LATE FEESERROR FREE). YOU FURTHER ACKNOWLEDGE THERE ARE CERTAIN SECURITY, INDIRECT CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR CONSEQUENTIAL DAMAGES ARISING FROM TELECOMMUNICATION LINES OR CIRCUITS. YOU HEREBY ASSUME ALL RISKS RELATING TO THE USE OR MAINTENANCE OF MOBILE BANKINGFOREGOING. FINANCIAL PLUS CREDIT UNION’S LIABILITIES Direct Damages. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, EITHER EXPRESSED KIND INCLUDING LOST PROFITS WHETHER OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON- INFRINGEMENT. WITHOUT LIMITING THE GENERALITY WE HAVE BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH LOSS OR DAMAGE. OUR LICENSORS OR SUPPLIERS WILL NOT BE SUBJECT TO ANY LIABILITY TO YOU IN CONNECTION WITH ANY MATTER. Your Duty to Report Errors. You shall notify us of any errors, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATIONomissions, PERFORMANCEor interruptions in, OR FUNCTIONALITY OF MOBILE BANKING or delay or unavailability of, the Services as promptly as practicable, and in any event sixty (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE)60) days after the earliest of discovery thereof, or the date discovery should have occurred through the exercise of reasonable care, and, in the case of any error, within sixty (60) days of the date of the earliest notice to you which reflects the error. Your failure to notify us of any error, omission, or other discrepancy within sixty (60) days from the date of a loss shall relieve us of any liability for such error, omission, or discrepancy.

Service Warranty. You understand and agree We warrant that you are responsible, to the extent permitted by law, for all warranties and indemnifications set forth in Check 21 applying to any Reconverting Credit Union and Truncating Credit Union, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back of the original check. We and our agents may, but shall have no obligation, to screen items or substitute checks for legal compliance. Our Liabilities Performance You acknowledge and agree that we shall not be liable for any damages or loss of any kind resulting from any unintentional error or omission by us in performing Mobile Deposit, in accordance with or unintentional deviation from the terms and conditions of this Agreement, including exhibits or addenda. You acknowledge that our systems and procedures established for providing Mobile Deposit are commercially reasonable. Maintenance of Mobile Deposit or any related services may Services will be performed from time-to-time resulting in interrupted service, delays, or errors a professional and workmanlike manner and as described in Mobile Deposit or related servicesan applicable Service Attachment. Attempts to provide prior notice of scheduled maintenance All Services will be madedeemed to be accepted unless Client notifies Provider in writing within ten (10) working days after performance that the Services did not conform to this warranty. Provider promptly will correct any non-conformities and will notify Client in writing that the non-conformities have been corrected. DISCLAIMER OF WARRANTY PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, but we cannot guarantee that such notice will be providedTHAT PROVIDER WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE COMPLETELY SECURE. UNLESS OTHERWISE REQUIRED THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE TEMPORARY LOSS OF SERVICE AVAILABILITY. PROVIDER IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD- PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. PROVIDER SHALL HAVE NO OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (i) IF NOTIFIED OF SUCH A CLAIM AFTER THE WARRANTY PERIOD OR (ii) IF THE CLAIM IS THE RESULT OF THIRD-PARTY HARDWARE OR SOFTWARE FAILURES, OR THE ACTIONS OF CLIENT OR A THIRD PARTY. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND PROVIDER WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE- PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE RESPONSIBLE CUSTOMER ACKNOWLEDGES THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS BY THE PROVIDER OR ANY THIRD-PARTY VENDORS’ INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THAT THOSE THIRD- PARTY VENDORS DISCLAIM ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEESAND ALL LIABILITY, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES CONSEQUENTIAL, ARISING FROM THE USE SERVICES. PROVIDER MAY LINK TO OR MAINTENANCE OFFER THIRD-PARTY SERVICES FOR RESALE. ANY PURCHASE, ENABLING, OR ENGAGEMENT OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIEDTHIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO IMPLEMENTATION, CUSTOMIZATION, CONSULTING SERVICES, E-MAIL, WEB HOSTING, SERVER HOSTING, PHONE SERVICE, AND ANY EXCHANGE OF DATA BETWEEN YOU AND ANY THIRD-PARTY SERVICE, IS SOLELY BETWEEN YOU AND THE IMPLIED WARRANTIES APPLICABLE THIRD-PARTY SERVICE PROVIDER AND IS SUBJECT TO THE TERMS AND CONDITIONS OF FITNESS SUCH THIRD- PARTY PROVIDER. PROVIVDER DOES NOT WARRANT THIRD- PARTY SERVICES AND IS NOT RESPONSIBLE OR LIABLE FOR A PARTICULAR PURPOSE SUCH SERVICES OR WARRANTIES ANY LOSSES OR ISSUES THAT RESULT AS YOUR USE OF MERCHANTABILITY SUCH SERVICES. IF YOU PURCHASE, ENABLE OR NON- INFRINGEMENTENGAGE ANY THIRD-PARTY SERVICE FOR USE IN CONNECTION WITH THE SERVICES, YOU ACKNOWLEDGE THAT COMPANY MAY ALLOW PROVIDERS OF THOSE THIRD- PARTY SERVICES TO ACCESS YOUR DATA USED IN CONNECTION WITH THE SERVICES AS REQUIRED FOR THE INTEROPERATION OF SUCH THIRD-PARTY SERVICES WITH THE SERVICES. WITHOUT LIMITING YOU REPRESENT AND WARRANT THAT YOUR USE OF ANY THIRD-PARTY SERVICE SIGNIFIES YOUR INDEPENDENT CONSENT TO THE GENERALITY ACCESS AND USE OF YOUR DATA BY THE FOREGOINGTHIRD-PARTY SERVICE PROVIDER, WE DISCLAIM AND THAT SUCH CONSENT, USE, AND ACCESS IS OUTSIDE OF PROVIDERS’S CONTROL. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY WARRANTIES REGARDING THE OPERATIONDISCLOSURE, PERFORMANCEMODIFICATION OR DELETION OF DATA RESULTING FROM ANY SUCH ACCESS BY THIRD-PARTY SERVICE PROVIDERS. COMPLIANCE WITH LAWS Provider shall comply with all laws applicable to Provider in its role as a Managed IT Provider. For the avoidance of doubt, OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE)Provider is not responsible for complying with the laws applicable to Customer or Customer’s industry. Customer shall comply with all Laws applicable to Customer or in Customer’s industry. Although it is under no obligation to do so, from time to time, Provider may make recommendations regarding legal requirements and regulatory compliance protocols related to Client’s network and practices. If Client fails to adopt or implement the recommended legal requirements or regulatory compliance protocols, Client is responsible for any and all damages related to legal and regulatory compliance. Even if Client does take Provider’s advice regarding legal requirements and regulatory compliance protocols, Provider does not take responsibility for any legal requirements and regulatory compliance protocols or audits.

Service Warranty. You understand and agree We warrant that you are responsible, to the extent permitted by law, for all warranties and indemnifications set forth in Check 21 applying to any Reconverting Credit Union and Truncating Credit Union, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back of the original check. We and our agents may, but shall have no obligation, to screen items or substitute checks for legal compliance. Our Liabilities Performance You acknowledge and agree that we shall not be liable for any damages or loss of any kind resulting from any unintentional error or omission by us in performing Mobile Deposit, in accordance with or unintentional deviation from the terms and conditions of this Agreement, including exhibits or addenda. You acknowledge that our systems and procedures established for providing Mobile Deposit are commercially reasonable. Maintenance of Mobile Deposit or any related services may Services will be performed from time-to-time resulting in interrupted service, delays, a professional and workmanlike manner and as described in an applicable Service Order or errors in Mobile Deposit or related servicesSchedule of Services. Attempts to provide prior notice of scheduled maintenance All Services will be madedeemed to be accepted unless Client notifies Provider in writing within ten (10) working days after performance that the Services did not conform to this warranty. Provider promptly will correct any non- conformities and will notify Client in writing that the non-conformities have been corrected. DISCLAIMER OF WARRANTY PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, but we cannot guarantee that such notice will be providedTHAT PROVIDER WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE COMPLETELY SECURE. UNLESS OTHERWISE REQUIRED THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE TEMPORARY LOSS OF SERVICE AVAILABILITY. PROVIDER IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD-PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. PROVIDER SHALL HAVE NO OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (i) IF NOTIFIED OF SUCH A CLAIM AFTER THE WARRANTY PERIOD OR (ii) IF THE CLAIM IS THE RESULT OF THIRD-PARTY HARDWARE OR SOFTWARE FAILURES, OR THE ACTIONS OF CLIENT OR A THIRD-PARTY. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND PROVIDER WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE RESPONSIBLE CLIENT ACKNOWLEDGES THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS BY THE PROVIDER OR ANY THIRD-PARTY VENDORS’ INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THAT THOSE THIRD- PARTY VENDORS DISCLAIM ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEESAND ALL LIABILITY, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES CONSEQUENTIAL, ARISING FROM THE USE SERVICES. PROVIDER MAY LINK TO OR MAINTENANCE OFFER THIRD-PARTY SERVICES FOR RESALE. ANY PURCHASE, ENABLING, OR ENGAGEMENT OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIEDTHIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO IMPLEMENTATION, CUSTOMIZATION, CONSULTING SERVICES, E-MAIL, WEB HOSTING, SERVER HOSTING, PHONE SERVICE, AND ANY EXCHANGE OF DATA BETWEEN YOU AND ANY THIRD-PARTY SERVICE, IS SOLELY BETWEEN YOU AND THE IMPLIED WARRANTIES APPLICABLE THIRD-PARTY SERVICE PROVIDER AND IS SUBJECT TO THE TERMS AND CONDITIONS OF FITNESS SUCH THIRD-PARTY PROVIDER. PROVIVDER DOES NOT WARRANT THIRD-PARTY SERVICES AND IS NOT RESPONSIBLE OR LIABLE FOR A PARTICULAR PURPOSE SUCH SERVICES OR WARRANTIES ANY LOSSES OR ISSUES THAT RESULT AS YOUR USE OF MERCHANTABILITY SUCH SERVICES. IF YOU PURCHASE, ENABLE OR NON- INFRINGEMENTENGAGE ANY THIRD-PARTY SERVICE FOR USE IN CONNECTION WITH THE SERVICES, YOU ACKNOWLEDGE THAT PROVIDER MAY ALLOW PROVIDERS OF THOSE THIRD-PARTY SERVICES TO ACCESS YOUR DATA USED IN CONNECTION WITH THE SERVICES AS REQUIRED FOR THE INTEROPERATION OF SUCH THIRD-PARTY SERVICES WITH THE SERVICES. WITHOUT LIMITING YOU REPRESENT AND WARRANT THAT YOUR USE OF ANY THIRD-PARTY SERVICE SIGNIFIES YOUR INDEPENDENT CONSENT TO THE GENERALITY ACCESS AND USE OF YOUR DATA BY THE FOREGOINGTHIRD-PARTY SERVICE PROVIDER, WE DISCLAIM AND THAT SUCH CONSENT, USE, AND ACCESS IS OUTSIDE OF PROVIDERS’S CONTROL. PROVIDER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY WARRANTIES REGARDING THE OPERATIONDISCLOSURE, PERFORMANCEMODIFICATION OR DELETION OF DATA RESULTING FROM ANY SUCH ACCESS BY THIRD-PARTY SERVICE PROVIDERS. NO HIRING You shall not solicit any Provider employee with whom you have had direct contact in connection with the Services for employment with you or with any other person during the Term of this agreement and for twelve (12) months following termination of this agreement. Notwithstanding the foregoing, OR FUNCTIONALITY OF MOBILE BANKING you shall not be precluded from (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE)a) hiring an employee of Provider who independently approaches you, or (b) conducting general recruiting activities, such as participation in job fairs or publishing advertisements in publications or on Web sites for general circulation. You acknowledge that injury resulting from any breach of this provision would be significant and irreparable and that it would be extremely difficult to ascertain the actual amount of damages resulting from such breach. Therefore, in the event of a violation of this provision, in addition to any other right Provider may have at law or in equity, you shall make a one-time payment to Provider in the amount of one hundred percent (100%) of the affected employee's base salary for one year, which accurately reflects the reasonable value of the employees time and costs. We agree that such amount is not intended as a penalty and is reasonably calculated based upon the projected costs the injured party would incur to identify, recruit, hire and train suitable replacements for such personnel.

Service Warranty. You understand and agree that you are responsible, Subject to the extent permitted by law, for Your continued payment of all warranties and indemnifications set forth in Check 21 applying license fees applicable to any Reconverting Credit Union and Truncating Credit Union, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back Your use of the original check. We Software and our agents maythe Service, but shall have no obligationand subject to continued compliance with the Agreement (including this Appendix A) by User and all Authorized Personnel, to screen items or substitute checks for legal compliance. Our Liabilities Performance You acknowledge Avigilon will use commercially reasonable efforts to: (a) maintain the security and agree that we shall not be liable integrity of the Service; and (b) make the Service available 24 hours a day, 7 days a week, except for any damages or loss Maintenance Period and Excused Downtime. Avigilon will use commercially reasonable efforts to provide advance notice of any kind resulting from any unintentional error or omission by us in performing Mobile DepositMaintenance Period, in accordance with or unintentional deviation from the terms and conditions of this Agreement, including exhibits or addenda. You acknowledge that our systems and procedures established for providing Mobile Deposit are commercially reasonable. Maintenance of Mobile Deposit or any related services which notice may be performed from time-to-time resulting in interrupted serviceprovided through the Service. AVIGILON DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR NEEDS, delaysOR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, or errors in Mobile Deposit or related servicesOR THAT THE SERVICE WILL BE ERROR- FREE, OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. Attempts to provide prior notice of scheduled maintenance will be madeEXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 5, but we cannot guarantee that such notice will be provided. UNLESS OTHERWISE REQUIRED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AVIGILON DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF: (A) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, OR INFORMATIONAL CONTENT; (C) TITLE OR NON-INFRINGEMENT OR NON- MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, SUBJECT TO THE INDEMNIFICATION OBLIGATIONS OF AVIGILON IN SECTION 6 BELOW; (D) QUALITY AND FUNCTIONALITY OF INSTALLATION OF THE SERVICE, OR RELATED HARDWARE AND SOFTWARE BY A THIRD PARTY; OR (E) INTEGRATION AND COMPATIBILITY OF THE SERVICE WITH THIRD PARTY HARDWARE. AVIGILON SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEES, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY PROBLEMS IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON- INFRINGEMENT. WITHOUT LIMITING THE GENERALITY INTERACTION OF THE FOREGOING, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE, SERVICE WITH NON-AVIGILON SOFTWARE OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE)HARDWARE PRODUCTS.

Service Warranty. You understand and agree We warrant that you are responsible, to the extent permitted by law, for all warranties and indemnifications set forth in Check 21 applying to any Reconverting Credit Union and Truncating Credit Union, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back of the original check. We and our agents may, but shall have no obligation, to screen items or substitute checks for legal compliance. Our Liabilities Performance You acknowledge and agree that we shall not be liable for any damages or loss of any kind resulting from any unintentional error or omission by us in performing Mobile Deposit, in accordance with or unintentional deviation from the terms and conditions of this Agreement, including exhibits or addenda. You acknowledge that our systems and procedures established for providing Mobile Deposit are commercially reasonable. Maintenance of Mobile Deposit or any related services may Services will be performed from time-to-time resulting in interrupted service, delays, or errors a professional and workmanlike manner and as described in Mobile Deposit or related servicesan applicable Service Attachment. Attempts to provide prior notice of scheduled maintenance All Services will be madedeemed to be accepted unless Client notifies Provider in writing within ten (10) working days after performance that the Services did not conform to this warranty. Provider promptly will correct any non-conformities and will notify Client in writing that the non-conformities have been corrected. DISCLAIMER OF WARRANTY PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, but we cannot guarantee that such notice will be providedTHAT PROVIDER WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE COMPLETELY SECURE. UNLESS OTHERWISE REQUIRED THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE TEMPORARY LOSS OF SERVICE AVAILABILITY. PROVIDER IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD- PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. PROVIDER SHALL HAVE NO OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (i) IF NOTIFIED OF SUCH A CLAIM AFTER THE WARRANTY PERIOD OR (ii) IF THE CLAIM IS THE RESULT OF THIRD-PARTY HARDWARE OR SOFTWARE FAILURES, OR THE ACTIONS OF CLIENT OR A THIRD PARTY. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND PROVIDER WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE- PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS CUSTOMER ACKNOWLEDGES THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEES, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF OR CONDITIONS BY THE PROVIDER OR ANY THIRD-PARTY VENDORS’ INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON- INFRINGEMENTPURPOSE, AND THAT THOSE THIRD- or in equity, you shall make a one-time payment to Provider in the amount of one hundred percent (100%) of the affected employee's base salary for one year, which accurately reflects the reasonable value of the employees time and costs. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGWe agree that such amount is not intended as a penalty and is reasonably calculated based upon the projected costs the injured party would incur to identify, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATIONrecruit, PERFORMANCE, OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE)hire and train suitable replacements for such personnel.

Service Warranty. You understand and agree Seller warrants that you are responsible, the “Services” provided hereunder shall conform to the extent permitted by law, for all specifications and express warranties and indemnifications set forth in Check 21 applying these terms and conditions and the accepted Order, and that at the time of delivery: (i) Seller shall have the right to perform such Services; (ii) the Services and any Reconverting Credit Union resulting Report or other deliverable shall be delivered upon due payment, free of encumbrances. Services performed by Seller will be performed in a professional and Truncating Credit Union, as xxxxxxx-like manner exercising a reasonable degree of care consistent with testing services industry standard practice. Seller will modify or correct any such terms are defined by Check 21, including, without limitation, the obligation Services that have not been so performed if written notice of any such failure is given to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back Seller within one-hundred eighty (180) calendar days of the original checkdate of delivery of any final deliverable for such Services (the “Warranty Period”). We and our agents may, but shall have no obligation, to screen items or substitute checks for legal compliance. Our Liabilities Performance You acknowledge and agree that we shall not be liable for any damages or loss No claim of any kind resulting from with respect to the conformance of the Services to the foregoing specifications (including any unintentional error exceptions or omission by us waivers), whether or not based on negligence, warranty, strict liability or any other theory of law, will be greater than the Seller’s price of the nonconforming Services in performing Mobile Depositrespect to which such claim is made. Seller shall be provided ample opportunity to re-perform the Services at its expense in the event of a warranty claim. If the Seller is unable to re-perform the services, Buyer and Seller shall mutually agree upon an equitable adjustment in accordance with or unintentional deviation from price, which shall not exceed the terms and conditions Seller’s price of the nonconforming Services. Notwithstanding the provisions of this AgreementService Warranty regarding non-conforming services, including exhibits if Buyer should disagree, for any reason, with the results or addendaconclusions of the service hereunder, and require additional work for verification, Seller shall be entitled to the cost of the additional work required to verify the results, where the results are subsequently so verified. You acknowledge that our systems SELLER’S LIABILITY OF EVERY FORM AND TYPE, EXCEPTING THOSE LIABILITIES COVERED BY THE SELLER’S PRODUCTS AND COMPLETED OPERATIONS INSURANCE, OR ANY PENDING OR UNRESOLVED WARRANTY CLAIMS ARISING DURING THE WARRANTY PERIOD, SHALL ABSOLUTELY AND COMPLETELY TERMINATE AT THE CONCLUSION OF THE ONE- HUNDRED EIGHTY (180) DAY WARRANTY PERIOD. The foregoing constitutes the Buyer’s exclusive remedies and procedures established for providing Mobile Deposit are commercially reasonableXxxxxx's sole obligation with respect to any such claim. Maintenance of Mobile Deposit or any related services may be performed from time-to-time resulting in interrupted service, delays, or errors in Mobile Deposit or related servicesTHERE ARE NO EXPRESS WARRANTIES BY SELLER OTHER THAN THOSE SPECIFIED IN THIS PARAGRAPH. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided. UNLESS NO WARRANTIES BY SELLER WILL BE IMPLIED OR OTHERWISE REQUIRED BY CREATED UNDER THE UNIFORM COMMERCIAL CODE OR ANY OTHER THEORY OF LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEESINCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED MERCHANTABILITY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON- INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE, OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE)PURPOSE.

Service Warranty. You understand and agree Seller warrants that you are responsible, the “Services” provided hereunder shall conform to the extent permitted by law, for all specifications and express warranties and indemnifications set forth in Check 21 applying these terms and conditions and the accepted Order, and that at the time of delivery: (i) Seller shall have the right to perform such Services; (ii) the Services and any Reconverting Credit Union resulting Report or other deliverable shall be delivered upon due payment, free of encumbrances. Services performed by Seller will be performed in a professional and Truncating Credit Union, as xxxxxxx-like manner exercising a reasonable degree of care consistent with testing services industry standard practice. Seller will modify or correct any such terms are defined by Check 21, including, without limitation, the obligation Services that have not been so performed if written notice of any such failure is given to only convert an original check that allows for the creation of a substitute check that clearly and accurately represents the information on the front and back Seller within one-hundred eighty (180) calendar days of the original checkdate of delivery of any final deliverable for such Services (the “Warranty Period”). We and our agents may, but shall have no obligation, to screen items or substitute checks for legal compliance. Our Liabilities Performance You acknowledge and agree that we shall not be liable for any damages or loss No claim of any kind resulting from with respect to the conformance of the Services to the foregoing specifications (including any unintentional error exceptions or omission by us waivers), whether or not based on negligence, warranty, strict liability or any other theory of law, will be greater than the Seller’s price of the nonconforming Services in performing Mobile Depositrespect to which such claim is made. Seller shall be provided ample opportunity to re-perform the Services at its expense in the event of a warranty claim. If the Seller is unable to re-perform the services, Buyer and Seller shall mutually agree upon an equitable adjustment in accordance with or unintentional deviation from price, which shall not exceed the terms and conditions Seller’s price of the nonconforming Services. Notwithstanding the provisions of this AgreementService Warranty regarding non-conforming services, including exhibits if Buyer should disagree, for any reason, with theresults or addendaconclusions of the service hereunder, and require additional work for verification, Seller shall be entitled to the cost of the additional work required to verify the results, where the results are subsequently so verified. You acknowledge that our systems SELLER’S LIABILITY OF EVERY FORM AND TYPE,EXCEPTING THOSE LIABILITIES COVERED BY THE SELLER’S PRODUCTS AND COMPLETED OPERATIONS INSURANCE, OR ANY PENDING OR UNRESOLVED WARRANTY CLAIMS ARISING DURING THE WARRANTY PERIOD, SHALL ABSOLUTELY AND COMPLETELY TERMINATE AT THE CONCLUSION OF THE ONE-HUNDRED EIGHTY (180) DAY WARRANTY PERIOD. The foregoing constitutes the Buyer’s exclusive remedies and procedures established for providing Mobile Deposit are commercially reasonableXxxxxx's sole obligation with respect to any such claim. Maintenance of Mobile Deposit or any related services may be performed from time-to-time resulting in interrupted service, delays, or errors in Mobile Deposit or related servicesTHERE ARE NO EXPRESS WARRANTIES BY SELLER OTHER THAN THOSE SPECIFIED IN THIS PARAGRAPH. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided. UNLESS NO WARRANTIES BY SELLER WILL BE IMPLIED OR OTHERWISE REQUIRED BY CREATED UNDER THE UNIFORM COMMERCIAL CODE OR ANY OTHER THEORY OF LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY MOBILE BANKING. NOR SHALL WE BE RESPONSIBLE FOR ANY LATE FEESINCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR MAINTENANCE OF MOBILE BANKING. OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDED THAT THE MAXIMUM AGGREGATE LIABILITY OF US RESULTING FROM ANY SUCH CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR MOBILE BANKING RESULTING IN SUCH LIABILITY IN THE TWO MONTH PERIOD PRECEDING THE DATE THE CLAIM ACCRUED. MOBILE BANKING IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED MERCHANTABILITY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY OR NON- INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE, OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING WITHOUT LIMITATION THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE)PURPOSE.