Common use of Software License and Services Clause in Contracts

Software License and Services. 3.1 The services to be provided by the Bank to the Customer under the TM Conditions (the “Services”) are comprised of granting a non-exclusive and non-transferable right to use the Software and making available the System to the Customer to enable the Customer, via the Internet, to: (i) register the information concerning application for trade transactions; and/or (ii) send or receive information, notices, documents and materials relating to trade transactions. 3.2 Each communication (including, without limitation, sending or uploading files of the relevant documents or materials, hereinafter the same) or instruction made or given through the Services by the Customer and/or the Bank shall be deemed received by or given to the recipient at the time when such a communication or instruction becomes accessible by the recipient on the System. For the avoidance of doubt, a communication or instruction from the Bank that has been made available on the System shall be deemed received by or given to the Customer even where the Customer is not able to access the System due to any reason attributable to the Customer’s system or the communication networks (including the Internet) between the System or the Customer’s system, or to the network service providers that provide the Customer with the access to the System. 3.3 In case where there is any inconsistency or discrepancy between any communication or instruction from the Customer through the System and that from the Customer with any other means of communication (including, without limitation, over the telephone, by e-mail or physical delivery of documents), the former shall prevail. The Bank shall not be liable for any losses, damages or expenses incurred by the Customer due to the Bank’s action or omission to act based on the communication or instruction made or given through the System pursuant to the TM Conditions.