END USER LICENSE AGREEMENT TERMS FOR MOBILE BANKING
To be Agreed to by End User Prior to Use of the Mobile Banking Service
1.

General. Access to your financial institution’s services via your mobile device is powered by the mobile
technology solution owned by mFoundry, Inc. (the “Licensor”). The Licensor is not the provider of any of the services
available to you through the Software (defined below), and the Licensor is not responsible for any of the materials,
information, products or services made available to you through the Software.

2.

Ownership. You acknowledge and agree that the Licensor is the owner of all right, title and interest in and to the
mobile technology solution made available to you hereunder, including but not limited to any downloaded software and
the computer programs contained therein, as well as any accompanying user documentation, and all subsequent copies,
updates or versions thereof, regardless of the media or form in which they may exist (all of which is collectively referred
to herein as the “Software”). You may not use the Software unless you have first accepted the terms of this Agreement.

3.

License. Subject to the terms and conditions of this Agreement, you are hereby granted a personal, nonexclusive,
nontransferable license to use the Software (in machine readable object code form only) in accordance with the terms of
this Agreement and for the sole purpose of enabling you to use and enjoy the benefits of your financial institution’s
services made available via the Software. This is not a sale of the Software. All rights not expressly granted to you by
this Agreement are hereby reserved by the Licensor. Nothing in this license will entitle you to receive hard-copy
documentation, technical support, telephone assistance, or updates to the Software. This license may be terminated at any
time, for any reason or no reason, by you or the Licensor. Upon termination, you agree to immediately destroy all copies
of any Software which had been downloaded to your mobile device or otherwise in your possession or control.

4.

Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile,
reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease,
sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or
labels in the Software, including, but not limited to, any trademark, logo or copyright.

5.

Updates. The terms of this Agreement will govern any updates that replace and/or supplement the original
Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.

6.

Text Messages. Text messaging services are provided by your financial institution and not by any other third
party. You and your financial institution are solely responsible for the content transmitted through text messages sent
between you and your financial institution. You must provide source indication in any text messages you send (e.g.
mobile telephone number, “From” field in text message, etc.) You are responsible for any text message fees charged by
your wireless carrier.

7.

Consent to Use of Data. You agree that the Licensor may collect and use technical data and related information,
including but not limited to technical information about your device, system and application software, and peripherals, that
is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related
to the Software. The Licensor may use this information, as long as it is in a form that does not personally identify you, to
improve its products or to provide services or technologies.

8.

Export Restrictions. You may not use or otherwise export or re-export the Software except as authorized by
United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without
limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s
List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on
any such list. You also agree that you will not use the Software for any purposes prohibited by United States law,
including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or
biological weapons.

9.

U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED
RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software
and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by
the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.

10.

Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM
DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE
OF THE SOFTWARE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SOFTWARE
IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL MFOUNDRY OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT
OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, THE LICENSOR’S LIABILITY
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE
AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.

Miscellaneous. This Agreement constitutes the entire agreement between you and the Licensor concerning the
subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of
California, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by
a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other
provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive
jurisdiction of the courts of California and you expressly consent to jurisdiction and venue thereof and therein. This
Agreement and all related documentation is and will be in the English language. The application of the United Nations
Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
END USER TERMS FOR SMS. The services are separate and apart from any other charges that may be assessed by your
wireless carrier for text messages sent to or received from your financial institution. You are responsible for any fees or
other charges that your wireless carrier may charge for any related data or message service, including without limitation
for short message service.
The services are provided by your financial institution and not by any other third party. You and your financial institution
are solely responsible for the content transmitted through the text messages sent to and from your financial institution.
You must provide source indication in any message you send (e.g., mobile telephone number, ‘From’ field in text
message, etc.).

