Common use of Computer and Software Clause in Contracts

Computer and Software. Customer is responsible for the installation, maintenance, and operation of its computer and browser software and that of its Users. Customer is required to keep its virus protection, malware and other standard system protection, and that of its Users, current. Customer assumes all risk of error, failure, incompatibility, non-performance, including the risk that Customer and its Users do not operate Customer’s and/or User’s computer or software properly. The Bank assumes no responsibility for the defects or incompatibility of any computers or software that Customer uses in connection with the Services, even if the Bank has previously approved their use. The Bank is not responsible for any errors or failures from any malfunction of the computer or software of Customer or any User. The Bank has no liability to Customer or any User for any damage or other loss, direct or consequential, which it or they may suffer or incur by reason of Customer’s and/or User’s use of Customer’s and/or User’s computer or software. THE BANK MAKES NO WARRANTY TO CUSTOMER REGARDING THE COMPUTER OR SOFTWARE OF CUSTOMER OR ANY USER, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.