Common use of Software and Materials Clause in Contracts

Software and Materials. Subject to Clause 8.2, we grant you a non-exclusive, non-transferable licence to use the Software and the Materials in conjunction with the relevant e-Channel(s) for the intended business purpose contemplated by this Agreement. Title to and all rights in the Software and the Materials belong to us or our licensors and, except for the specific rights granted to you by this Agreement, you will acquire no rights whatsoever in relation thereto. Your use of certain Software and Materials may be subject to additional restrictions. These will be notified to you upon the supply of the Software or Materials from time to time. You shall be deemed to have accepted any such additional terms upon any User using any such Software or Materials. You undertake not to alter, reverse engineer, copy (other than to the extent necessary for the permitted use), publish or impart to any third party any Software or Materials. Liability Subject to Clauses 9.2 to 9.5 (inclusive), the Bank and/or any other member of the HSBC Group shall only be liable for any loss, damage or delay which you suffer or incur as a direct result of the Bank’s or the other HSBC Group Member’s gross negligence or wilful misconduct and shall not be liable for any other loss or damage of any kind. Neither the Bank nor any other member of the HSBC Group shall in any event be liable to you for any loss of business or profits or data, or indirect, consequential or special loss or damage arising out of your use of, or in connection with, the e-Channels or the Services, whether or not the Bank or that other member of the HSBC Group has been advised of the possibility of such loss or damage and whether or not arising out of negligence, breach of this Agreement or otherwise. Neither party nor any other member of the HSBC Group purports to exclude or limit liability in relation to fraud, personal injury or death. Subject to Clause 9.5, the liability of the Bank and each other member of the HSBC Group to you due to, under d/or arising out of or in connection with this Agreement shall, in aggregate in any calendar year, not exceed USD1 million. For Bank use only: Customer ID Section 4 🞂 E-Channels Terms and Conditions ...Continued

Software and Materials. Subject to Clause 8.2, we grant you a non-exclusive, non-transferable licence to use the Software and the Materials in conjunction with the relevant e-Channel(s) for the intended business purpose contemplated by this Agreement. Title to and all rights in the Software and the Materials belong to us or our licensors and, except for the specific rights granted to you by this Agreement, you will acquire no rights whatsoever in relation thereto. Document ID: Your use of certain Software and Materials may be subject to additional restrictions. These will be notified to you upon the supply of the Software or Materials from time to time. You shall be deemed to have accepted any such additional terms upon any User using any such Software or Materials. You undertake not to alter, reverse engineer, copy (other than to the extent necessary for the permitted use), publish or impart to any third party any Software or Materials. ECMA - for FIs SWIFT only - 15-July-2015 Schedule ID: eCKMCAT&CGL15July2015 Liability Subject to Clauses 9.2 to 9.5 (inclusive), the Bank and/or any other member of the HSBC Group shall only be liable for any loss, damage or delay which you suffer or incur as a direct result of the Bank’s or the other HSBC Group Member’s gross negligence or wilful misconduct and shall not be liable for any other loss or damage of any kind. Neither the Bank nor any other member of the HSBC Group shall in any event be liable to you for any loss of business or profits or data, or indirect, consequential or special loss or damage arising out of your use of, or in connection with, the e-Channels or the Services, whether or not the Bank or that other member of the HSBC Group has been advised of the possibility of such loss or damage and whether or not arising out of negligence, breach of this Agreement or otherwise. Neither party nor any other member of the HSBC Group purports to exclude or limit liability in relation to fraud, personal injury or death. Subject to Clause 9.5, the liability of the Bank and each other member of the HSBC Group to you due to, under d/or and/or arising out of or in connection with this Agreement shall, in aggregate in any calendar year, not exceed USD1 million. For Bank use only: Customer ID Section 4 🞂 E-Channels Terms and Conditions ...Continue.d