General Terms and Conditions for Corporate Netbank, страница 3

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12. Software, other equipment and intellectual property right

The Customer must, at its own expense, ensure that it possesses the necessary equipment, software and communication connections. The Bank may issue technical requirements for software, equipment and communication connections and is entitled to amend such requirements from time to time. 

Unless otherwise agreed, software supplied by the Bank is licensed non-exclusively with a right of use only. No title or copyright will be vested in the Customer. The right of use is governed by the terms and conditions of this Agreement and the terms and conditions of the manufacturer or software supplier, which were supplied with, or incorporated into, such software.

Where legal proceedings are initiated against the Bank, other Nordea Company, the Customer, another customer or a representative of any of them concerning infringement of copyright or other intellectual property rights involving software provided by the Bank or other Nordea Company or where, in the Bank's reasonable opinion, it is probable that such proceedings will be initiated, the Customer must destroy or return the software following a request from the Bank. 

Information regarding Corporate Netbank itself and all data supplied via Corporate Netbank, save for data relating to the Customer or any Connected Party, are subject to intellectual property rights, including but not limited to copyright, and such information and data may not be forwarded or used other than as intended in this Agreement or any relevant agreement regarding a Connected Service.

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13. Term and termination

This Agreement continues in full force and effect until terminated in accordance with the provisions of this clause 13. 

The Customer is entitled at any time to terminate this Agreement by giving one (1) month's notice. 

The Bank is entitled to terminate this Agreement by giving one (1) month's notice. 

The Bank is entitled to terminate this Agreement with immediate effect by giving notice to the Customer if:
- the Customer is in material breach of the terms and conditions of this Agreement;
- the Bank has reason to believe that Corporate Netbank is used in activities which are in breach of any laws or regulations or which are likely to be harmful to the Bank's reputation if they are associated to the Bank; or
- the Customer is, or is adjudicated or found to be, insolvent, stops or suspends payment of its debts, is unable, or admits inability, to pay its debts as they fall due, proposes or enters into any voluntary arrangements or any composition or other arrangements for the benefit of its creditors generally or proceedings are commenced under any law or regulation relating to reconstruction or adjustment of debts.

Upon termination of this Agreement, the Customer must destroy all software supplied by the Bank and return to the Bank any parts of the security solution supplied by the Bank that are of a kind that may be physically returned. 

The termination of this Agreement does not affect the separate agreements governing the Connected Services. However, following termination, neither the Bank nor any Service Provider are obliged, but are entitled, to fulfil a payment order or any other assignment, instruction, or transaction given via Corporate Netbank prior to termination.

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14. Amendments etc

The Bank may amend the Agreement (including making changes concerning the supported Methods of Communication, the accessible Connected Services, the acceptable Means of Identification and the technical interface for Corporate Netbank) and the Bank's price list by giving one (1) month's prior notice, except where such amendment in the Bank's reasonable opinion is only of minor significance or purely to the Customer's advantage. If an amendment is necessary due to urgent security reasons such amendment must be effective from the time specified in the Bank's notice. 

An Administrator may agree with the Bank on amendments to this Agreement in respect of a Method of Communication, the access to a Connected Service or a Means of Identification. 

The Bank and the Service Provider must be afforded a reasonable time to activate such amendment or function in Corporate Netbank. 

Following the signing of this Agreement or any amendment hereto, the Bank must be given a reasonable time to make Corporate Netbank available to the Customer and to execute such amendment.

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15. Limitation of the Bank’s liability