EFTA Document EFTA01360772

Deutsche Bank Private Wealth Management Addendum to the Terms and Conditions of Your Deposit Account for Electronic Item Submission Software and Related Equipment and Services 'I. Purpose of Addendum. a. In connection with the Terms and Conditions of Your Deposit Account (the 'Deposit Agreement") between the Undersigned ("you") and Deutsche Bank Trust Company Americas (the 'Bank") and pursuant to this addendum (including its exhibits and schedules) (collectively, the "Addendum"), the Bank agrees to provide you with: (a) a sublicense for the software identified as the Licensed Software on Exhibit A to this Addendum (the 'Licensed Software") and the related documentation. including without limitation the User Guide (the 'Documentation"), and (b) the applicable optional remote scanner hardware identified as the Remote Scanner Hardware on Exhibit 1 to this Addendum or on a subsequent order(s) for an additional Remote Scanner Product(s) which may be provided by the Bank (the "Remote Scanner Hardware") and related services as described in this Addendum. b. Through the use of the Licensed Software and the Remote Scanner Hardware or other Authorized Equipment (as defined In Exhibit A of this Addendum), together with the other hardware. software and services required for you to use the Licensed Software and Remote Scanner Hardware or Authorized Equipment, as applicable ('Required Herne), you should have the ability to create and to send electronically to the Bank images of original paper checks (*Checks') and deposit tickets related thereto and, subject to the provisions of this Addendum, the ability to perform the other functions of the Licensed Software set forth in the applicable Documentation. You acknowledge and agree that the Bank has the right to provide the products and services provided under this Addendum either itself or through third party suppliers or contractors, and that some or all of the products and services provided under this Addendum will be provided by such third parties. c. In accordance with the Deposit Agreement, until the electronic image of a Check is received in legible form and such receipt is acknowledged by the Bank, no deposit shall become effective and you shall bear the risk of loss. Moreover, you may not use the Licensed Software and the Remote Scanner Hardware to deposit checks drawn to third party payees or to redeposit previously deposited checks. All checks deposited using the Licensed Software and the Remote Scanner Hardware must bear all appropriate endorsements. 2. License for and Restrictions on Use of the Licensed Software. You will have the right to use the Licensed Software subject and pursuant to the terms of this Addendum. 3. Remote Scanner Hardware and Related Maintenance and Support Services. In accordance with this Addendum, the Bank will use commercially reasonable efforts: a. To deliver the applicable Remote Scanner Hardware within a reasonable time to your location as set forth in below or such other location as is identified on a subsequent order(s) accepted by the Bank for any additional Remote Scanner Product(s), and b. Thereafter, to provide the related Scanner Support Services as further described in Exhibit B of this Addendum. c. The Bank shall have no obligation to provide any support services for any Remote Scanner Hardware or other Authorized Equipment (as defined in Exhibit A of this Addendum) purchased by you from a third party supplier. 4. Required Items. You acknowledge and agree that it will be your responsibility to: a. b. Obl n any other Required Items, including, without limitation, all equipment required for you to access and use the Internet; c. Install and operate the Remote Scanner Hardware or other Authorized Equipment and the Required Items; and d. Ens e that the appli able Remote Scanner Hardware or other Authorized Equipment is. and that the other Required Items are, operation I accessible and supported at all times and accessible by the Bank at the times reasonably req sled by the Ba k for the Bank to fulfill its obligations under this Addendum and/or the Deposit Agreement. Please contact your Relations Ip Manager for information regarding Required items, including updates on browser versions. e. Ensure th t you have the a pro riate security systems in place on your computer to prevent a third party from obtaining acc s to a nform on on your computer with respect to the Remote Scanner Hardware, the applicable Software. and any data gene ated from he Hardware or Software that you store on your computer. 111 III 111H111111111IIIIIIIIII Obtain any Authorized Equipment other than the Remote Scanner Hardware; 11.PWAMIOSI NAOSOD0001.5974-000108611 004651.060112 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) CONFIDENTIAL DB-SDNY-0049332 SDNY_GM_00 195516 EFTA01360772