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 are (a) The Cardholder is solely responsible for providing your own mobile device ensuring that supports 128-bit encryption. the Mobile Device and other equipment with which the Cardholder and Authorised User accesses and uses the Mobile Banking users must downloadService are suitable for such use and are functioning properly (including at any time providing sufficient storage for downloading data to disc or paper for printouts). (b) Upon completion of the prescribed registration and activation procedures, install Cardholder and/or any Authorised User will be permitted to download the Software for installation into the Cardholder’s or Authorised User’s Mobile Device and be granted a limited, non-exclusive, non-transferable right to use certain software systems the Software, provided the Cardholder and programs developed each Authorised User agrees to: i. Not use the Software for any purpose other than to access the Cardholder’s own Card Account via the Mobile Banking Service on the Cardholder’s or any Authorised User’s own Mobile Device; ii. Not permit or enable any person to access the Software, or leave the Mobile Device unattended in such a manner as to enable others to access the Software; iii. Neither reproduce, modify or reverse engineer, modify or decompile the Software nor permit any other person to do so; and iv. Not permit any person to access the Cardholder Security Codes or Security Code or otherwise enable any person to download a copy of the software. (c) The Cardholder and any relevant Authorised User: i. Are jointly solely responsibility for protecting the registered Mobile and Security Codes for the use under the Mobile Banking Service. ii. Accept that for the purposes of the Mobile Banking Service any Instructions or Transaction emanating from the given Mobile and Mobile Number shall be assumed to be initiated by usthe Authorised User. iii. Shall request the Bank, our licensors through any of the banking channels, to suspend the Mobile Banking Service and/ or other third-partieschange Mobile Number if the Mobile Device is lost or the Mobile Device or Mobile Number has been allotted to another person. We are The Cardholder and/or Authorised User shall immediately inform the Bank of any change in the Mobile Number or any unauthorised Transaction in his/her Card Account of which he/she has knowledge. (d) Conditions relating to SMS Service (Mobile Banking Notifications: i. Upon application by the Cardholder, the Bank may at its absolute discretion provide SMS services (“Mobile Banking”) to the Cardholder (currently known as Mobile Banking Notifications). ii. Unless the Cardholder has expressly forbidden the Bank to send promotional information to its Mobile Device, the Bank may from time to time, at its own cost, send promotional information to the Cardholder’s Mobile Device. iii. The bank shall not be 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 network failure by the GSM network provider or any other third parties whiles using transaction error or any failure of a Mobile Banking ServiceNotification to reach the Cardholder. iv. We are not Charges for receiving and sending SMS messages will be completely borne by the Cardholder even if the Mobile Device has a party toroaming facility and the foreign operator charges for SMS messages. The Cardholder agrees to receive any number of messages at any time. v. The Cardholder shall immediately notify the Bank of any loss or theft of the Mobile Device, 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 the Bank shall from others relating to your use the time 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 notification stop providing 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 Notifications service 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 that 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 USEDevice.

Equipment and Software. FNB does not guarantee that your mobile phone/mobile phone service plan will be compatible with our E- Banking service. You are responsible for providing understanding the operation and maintenance of your own mobile device that supports 128-bit encryptionphone. FNB is not responsible for any errors or problems related to your mobile phone, mobile provider, or mobile internet access. Nor are we responsible for any fees assessed by your telephone company, internet service provider, or any other outside party. Mobile phones with internet capabilities are susceptible to viruses. Customers are responsible for making sure that the mobile phone they are using to access Mobile Banking users must downloadis protected from and free of viruses, install and use certain software systems and programs developed by usworms, our licensors Trojan horses, or other thirdsimilar harmful components (collectively referred to as “viruses” or “malware”), which could result in damage to programs, files, and/or your phone could result in information being intercepted by a third party. FNB will not be responsible or liable for any indirect, incidental, special or consequential damages that may result from such harmful components being present on the mobile phone, nor will FNB be responsible or liable if sensitive information accessed via our E-partiesBanking service is intercepted by a third party due to any of the above named “malware” residing or being contracted by the customer’s mobile phone at any point or from any source. In order for you to access and retain records in connection with E-Banking Services from a computer, your system must meet the following requirements: • A current web browser Microsoft Internet Explorer/Edge, Google Chrome, Apple Safari, etc. • Access to a printer, or the ability to download information in order to keep copies for your records. • Adobe Acrobat Reader– required to view account statement and check images. A free version is available at xxxxx://xxxxxxx.xxxxx.xxx/us/en/acrobat/pdf-reader.html. To print or download disclosures you must have a printer connected to your PC or sufficient hard-drive space to save the disclosure. We are not responsible for any damage errors or delays or your inability to access the service caused by 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”)equipment. We are not responsible for advising you the cost of upgrading your equipment to stay current with the existence or potential effect of services nor are we responsible, under 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 safetycircumstances, 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 damage 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 USEyour equipment or the data resident therein.