Common use of SCANNERS AND OTHER EQUIPMENT AND SOFTWARE Clause in Contracts

SCANNERS AND OTHER EQUIPMENT AND SOFTWARE. Scanners used by Customer to provide the RDC Service must be purchased, through Bank, from the vendor(s) specified by Bank, which may change from time to time. Bank will facilitate Customer’s purchase of scanner(s), and, provided that Customer has paid to Bank all amounts due and owing to Bank with respect to the scanner(s) and is not otherwise in default of any of its obligations to Bank, Bank shall transfer to Customer any right, title , and interest that Bank may have at the time of Customer’s receipt of the scanner(s) in (i) the scanner(s) and (ii) any assignable warranties provided by the manufacturer or vendor of the scanner(s) to the purchaser of the scanner(s). If the purchase fee has been waived with respect to such purchase, in the event of termination of the RDC Service, Customer shall, promptly return the scanner to Bank. Notwithstanding Bank’s assistance to Customer in connection with Customer’s purchase of such scanner(s), Customer understands and acknowledges that Bank is not the manufacturer or vendor of the scanner(s). Customer agrees to look solely to the manufacturer or vendor (as appropriate) in the event of any malfunction or non-performance of the scanner(s). Customer understands, acknowledges, and agrees that Bank assumes no responsibility for the maintenance, repair, performance or malfunction of the scanner(s). As to Bank, Customer acknowledges and agrees that the scanner(s) are provided “AS-IS” and “WITH ALL FAULTS” AND THAT BANK MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WITH RESPECT TO ANY ASSISTANCE OR SERVICES RENDERED BY BANK TO CUSTOMER UNDER THIS SECTION XIII.D. OR WITH RESPECT TO THE SCANNERS OR ANY RELATED EQUIPMENT, SOFTWARE, OR OTHER TANGIBLE OR INTANGIBLE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR TITLE, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF MERCHANTABILITY. Customer is solely responsible for purchasing, obtaining, installing and operating any and all equipment other than scanners, and all software needed to use the RDC Service. Bank will provide Customer with minimum specifications for software and other equipment. Customer agrees to abide by any and all minimum specifications for scanners, equipment and software. Customer acknowledges and agrees that Bank shall not be liable for the maintenance, repair, performance, or malfunction of third party software, scanners, or other equipment used by Customer in connection with the RDC Service.

SCANNERS AND OTHER EQUIPMENT AND SOFTWARE. Scanners used by Customer to provide the RDC Service must be purchased, through Bank, leased or purchased from the Bank or from third-party vendor(s) specified approved by Bank, which may change from time to time. Customer must consult with Bank will facilitate Customerprior to using a vendor and Bank must confirm such vendor meets Bank’s purchase of scanner(s)requirements. Bank retains the right to approve or disapprove, andin its sole and absolute discretion, any vendor for the scanners used in connection with Bank providing the RDC Service. Except as may be otherwise agreed in writing by Bank, Xxxxxxxx agrees to rely exclusively on any warranties provided that Customer has paid to by the scanner manufacturer or its suppliers and not on Bank all amounts due and owing to or on any statement Bank makes or service Bank performs with respect to the scanner(s) proper operation and is not otherwise in default of any of its obligations to Bank, Bank shall transfer to Customer any right, title , and interest that Bank may have at the time of Customer’s receipt performance of the scanner(s) in (i) the scanner(s) and (ii) any assignable warranties provided by the manufacturer or vendor of the scanner(s) scanners. Prior to the purchaser of the scanner(s). If the purchase fee has been waived with respect to such purchase, in the event of termination commencement of the RDC Service, Customer shall, promptly return agrees to cooperate with Bank to test the scanner scanners and communications facilities to Bankensure that the electronic checks and electronically created items that Bank receives from Customer are of sufficient quality to be submitted for processing. Notwithstanding Bank’s assistance to Customer in connection must ensure that the scanners otherwise are compatible with Customer’s purchase of such scanner(s)other equipment. Customer must properly maintain the scanners and Customer’s other hardware, software, and communication facilities to ensure that the scanners continue to perform satisfactorily. Customer understands is solely responsible for Customer’s contingency planning and acknowledges computer back-up to ensure that Bank is not the manufacturer or vendor Customer preserves an adequate record of the scanner(s). information Customer agrees to look solely to enters using the manufacturer or vendor (as appropriate) in the event of any malfunction or non-performance of the scanner(s)scanners. Customer understands, acknowledges, and agrees that except as may be otherwise agreed to in writing by Bank, Bank assumes no responsibility for the maintenance, repair, performance performance, or malfunction of the scanner(s). As to Bank, Customer acknowledges and agrees that the scanner(s) are provided “AS-IS” and AND “WITH ALL FAULTS” AND THAT BANK MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WITH RESPECT TO ANY ASSISTANCE OR SERVICES RENDERED BY BANK TO CUSTOMER UNDER THIS SECTION XIII.D. XIV.E. OR WITH RESPECT TO THE SCANNERS OR ANY RELATED EQUIPMENT, SOFTWARE, OR OTHER TANGIBLE OR INTANGIBLE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR TITLE, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR PURPOSE, ANY WARRANTY OF MERCHANTABILITY, OR ANY WARRANTY AGAINST INFRINGEMENT BY THE SCANNERS OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THIS IS THE CASE EVEN IF CUSTOMER PURCHASES EQUIPMENT FROM BANK OR IF PART OF BANK’S COMPENSATION FOR RECEIPT OF THE SERVICES MAY INCLUDE A SEPARATE FEE FOR EQUIPMENT USE OR MAINTENANCE. Customer is solely responsible for purchasing, obtaining, installing installing, maintaining, and operating any and all equipment other than scanners, and all software needed to use the RDC Service. Bank will provide Customer with minimum specifications for software and other equipment. Customer agrees to maintain, and abide by any and all minimum specifications for for, scanners, equipment equipment, and software. Customer acknowledges and agrees that except as may be otherwise agreed to in writing by Bank, Bank shall not be liable for the maintenance, repair, performance, or malfunction of third third-party software, scanners, or other equipment used by Customer in connection with the RDC Service. Bank has the right, in its sole discretion and at any time, to make changes to the RDC Service that may result in the incompatibility of certain scanners, other equipment, or software. Bank shall have no duty or obligation to update or replace any scanner purchased by Customer in the event of such a change. In no event shall Bank be liable to Customer for any damages, including lost profits, lost savings, or other direct, indirect, incidental, special, or consequential damages arising out of Customer’s use, or inability to use, or installation of, the scanner(s), or for any claim by any third party relating thereto.

SCANNERS AND OTHER EQUIPMENT AND SOFTWARE. Scanners used by Customer to provide the RDC Service must be purchased, through Bank, from the vendor(s) specified by Bank, which may change from time to time. Bank will facilitate Customer’s purchase of scanner(s), and, provided that Customer has paid to Bank all amounts due and owing to Bank with respect to the scanner(s) and is not otherwise in default of any of its obligations to Bank, Bank shall transfer to Customer any right, title title, and interest that Bank may have at the time of Customer’s receipt of the scanner(s) in (i) the scanner(s) and (ii) any assignable warranties provided by the manufacturer or vendor of the scanner(s) to the purchaser of the scanner(s). If the purchase fee has been waived with respect to such purchase, in the event of termination of the RDC Service, Customer shall, promptly return the scanner to Bank. Notwithstanding Bank’s assistance to Customer in connection with Customer’s purchase or other acquisition of such scanner(s), Customer understands and acknowledges that Bank is not the manufacturer or vendor of the scanner(s). Customer agrees to look solely to the manufacturer or vendor (as appropriate) in the event of any malfunction or non-performance of the scanner(s). Customer understands, acknowledges, and agrees that Bank assumes no responsibility for the maintenance, repair, performance or malfunction of the scanner(s). As to Bank, Customer acknowledges and agrees that the scanner(s) are provided “AS-IS” and “WITH ALL FAULTS” AND THAT BANK MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, WITH RESPECT TO ANY ASSISTANCE OR SERVICES RENDERED BY BANK TO CUSTOMER UNDER THIS SECTION XIII.D. XV.D. OR WITH RESPECT TO THE SCANNERS OR ANY RELATED EQUIPMENT, SOFTWARE, OR OTHER TANGIBLE OR INTANGIBLE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR TITLE, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF MERCHANTABILITY. Customer is solely responsible for purchasing, obtaining, installing and operating any and all equipment other than scanners, and all software needed to use the RDC Service. Bank will provide Customer with minimum specifications for software and other equipment. Customer agrees to abide by any and all minimum specifications for scanners, equipment and software. Customer acknowledges and agrees that Bank shall not be liable for the maintenance, repair, performance, or malfunction of third party software, scanners, or other equipment used by Customer in connection with the RDC Service. Bank has the right, in its sole discretion and at any time, to make changes to the RDC Service that may result in the incompatibility of certain scanners. Bank shall have no duty or obligation to update or replace any scanner purchased by Customer in the event of such a change. In no event shall Bank be liable to Customer for any damages, including lost profits, lost savings, or other direct, indirect, incidental, special, or consequential damages arising out of Customer’s use, or inability to use, or installation of, the scanner(s), or for any claim by any third party relating thereto.