Common use of Processing Equipment and Processing Software Clause in Contracts

Processing Equipment and Processing Software. You must obtain the Mobile Deposit Services within the Bank’s Mobile App. You must comply with the mobile device hardware, software, and other requirements, as well as applicable Security Procedures, as set forth in this Agreement and in any Documentation or any supplemental information and/or instructions provided by the Bank. You understand that failure to comply with such mobile device hardware, software and other requirements regarding the Mobile Deposit Services may result in you being unable to generate a Sufficient Image Copy in order to create an Electronic Image to complete a Mobile Deposit. Bank reserves the right as encryption technology develops to impose further reasonable requirements to maintain the appropriate level of security for the Mobile Deposit Service and transactions contemplated hereunder and you agree to abide by such requirements. Furthermore, you understand and acknowledge that if you do not implement and follow your own commercially reasonable hardware, software, physical access and physical storage security procedures regarding any of the data owned by you, which includes such data containing your sensitive personally identifiable information of any individual, the security of your Mobile Deposit Service deposits may be compromised. You understand, acknowledge and agree that installation, maintenance and operation of your mobile device (hardware and software) and related security procedures that you adopt and follow, including, but not limited to, data security protection, firewalls and anti-virus software, is your sole responsibility, and that you are solely responsible for securing, encrypting, protecting and otherwise safeguarding the data owned by you. In addition to other limitations on Bank’s liability contained elsewhere in this Agreement, you understand, acknowledge and agree that the Bank is not responsible for any loss or damages resulting from any errors or failures of your mobile device or data processing systems, including, but not limited to any mobile device virus or malware attack (such as a keystroke logging program or similar malware), any attack by a person attempting or actually gaining unauthorized access to the data owned by you, or any mobile device network problems that may be associated with your access and use of our Mobile Deposit Services. The software used to provide the Mobile Deposit Service is governed by this Agreement and the Mobile Banking Terms & Conditions.