|
A TRUr- COPY
<br /> CERTU ICATION ON LAST ME
<br /> J.R. SMITH, CLERK
<br /> and assigns, from and against any loss, damage or other 8. Bank Third Parties.
<br /> claim or liability attributable to Customer's unauthorized
<br /> distribution or disclosure of any Software provided with the 8.1 Customer acknowledges that certain
<br /> Services or any other breach by Customer of any Software third parties, agents or independent service providers
<br /> license. Notwithstanding the foregoing,Bank shall have (hereinafter "Third Parties') may, from time to time,
<br /> no right to be indemnified as otherwise limited or prohibited provide services ("Third Party Services") to Bank in
<br /> by applicable law, including without limitation, Section connection with Bank's provision of the Services to
<br /> 768.28 of the Florida Statutes,as applicable and as the same Customer and that accordingly, Bank's ability to provide
<br /> may be amended from time to time.The provisions of this the Services hereunder may be contingent upon the
<br /> paragraph shall survive termination of this Agreement. continuing availability of certain services from such Third
<br /> Parties. Third Party Services may involve the processing
<br /> 6.3 Any breach or threatened breach of this
<br /> and/or transmission
<br /> Section will cause immediate irreparable injury to Bank,
<br /> and Customer agrees that injunctive relief including B written) and fundss.. In addition, Customer agrees that
<br /> Customer's data, instructions (oral
<br /> Bank may disclose Customer's financial information to
<br /> preliminary injunctive relief and specific performance, such Third Parties (i)where it is necessary to provide the
<br /> should be awarded as appropriate to remedy such breach, Services requested; (ii) in order to comply with laws,
<br /> without limiting Bank's right to other remedies available in government agency rules or orders,court orders,subpoenas
<br /> the case of such a breach. Bank may apply to a court for or other legal process or in order to give information to any
<br /> preliminary injunctive relies; permanent injunctive relief government agency or official having legal authority to
<br /> and specific performance, but such application shall not request such information; or(iii)when Customer gives its
<br /> abrogate Bank's right to proceed with an action in a court written permission.
<br /> of competent jurisdiction in order to resolve the underlying
<br /> dispute. 8.2 Bank will be responsible for the acts
<br /> and omissions of its Third Parties in the same manner as if
<br /> 7. Computer Requirements. For certain Cash Bank had performed that portion of the Services itself,and
<br /> Management Services, Customer will need to provide, at no claim may be brought by Customer against such Third
<br /> Customer's own expense, a computer or similar Internet- Parties. Notwithstanding the foregoing, any claims against
<br /> enabled device, software and Internet or other connections Bank (with respect to the acts or omissions of its Third
<br /> and equipment as needed to access the Services Parties) or its Third Parties shall be subject to the
<br /> (collectively, the "Computer'). Customer's Internet or limitations of liability set forth herein to the same extent as
<br /> other web browser software must support a minimum 128- if Bank had performed that portion of the Services itself.
<br /> bit SSL encryption or other security measures as Bank may However,Bank will not be deemed to be the agent of, or
<br /> specify from time to time. Customer's browser must be responsible for, the acts or omissions of any person(other
<br /> one that is certified and supported by Bank for optimal than its Third Parties),and no such person shall be deemed
<br /> performance. Customer is responsible for the installation, Bank's agent.
<br /> maintenance and operation of the Computer and all related
<br /> charges, including without limitation all Internet service 9. Customer Communications; Security
<br /> provider, telephone and other similar charges incurred in Procedures.
<br /> connecting to the Services. Customer is responsible for
<br /> installing and maintaining appropriate virus protection 9.1 In providing the Services, Bank shall
<br /> software on Customer's Computer. Bank recommends that be entitled to rely upon the accuracy of all information and
<br /> Customer routinely scan the Computer using reliable virus authorizations received from Customer or an Authorized
<br /> protection products,and to remove any viruses found using Representative and, where applicable, the authenticity of
<br /> such products. Bank is not responsible for any errors or any signatures purporting to be of Customer or an
<br /> failures caused by any malfunction of the Computer. Bank Authorized Representative. Customer agrees promptly to
<br /> is not responsible for any Computer virus or related notify Bank of any changes to any information or
<br /> problems that may be associated with access to or use of authorizations provided to Bank in connection with the
<br /> the Services, any Software,the Computer or other Internet Services, and further agrees to promptly execute any new
<br /> access,including but not limited to any virus,Trojan horse, or additional documentation Bank reasonably deems
<br /> worm, keystroke logger, rootkit, spyware, dishonest necessary from time to time in order to continue to provide
<br /> adware, crimeware or other malicious or unwanted the Services to Customer.
<br /> software or related problems that may be associated with
<br /> access to or use of the Services, any Software or the 9.2 Customer agrees that it shall be solely
<br /> Computer. Bank also is not responsible for any losses or responsible for ensuring its compliance with any
<br /> delays in transmission of information Customer provides to commercially reasonable security procedures established
<br /> Bank or otherwise arising out of or incurred in connection by Bank in connection with the Services, as such may be
<br /> with the use of any Internet or other service provider amended from time to time, and that Bank shall have no
<br /> providing Customer's connection to the Internet or any liability for any losses sustained by Customer as a result of
<br /> browser software. From time to time, Bank may require a breach of security procedures if Bank has complied with
<br /> that Customer upgrade or install software to the Computer the security procedures.
<br /> to ensure the proper operation of the Services. Customer
<br /> agrees to promptly load any such upgrades or additional
<br /> installations upon Bank's notice to Customer.
<br /> 5 of 58 0916
<br />
|