IMPORTANT- READ CAREFULLY: TERMS OF USE END-USER LICENSE AGREEMENT

This Corporate Trust and Institutional Trust & Custody End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and U.S. Bank, N.A. for the product identified above, which includes associated media, printed materials, and "online" electronic documentation ("Software Product"). By installing, copying or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software Product.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

  1. GRANT OF LICENSE. This EULA grants you the following rights:
    • Installation and Use. You may install and use an unlimited number of copies of the Software Product.
    • Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the Software Product; provided that each copy shall be a true and complete copy, including all copyright and trademark notices.
  2. OTHER RIGHTS AND LIMITATIONS
    • If applicable, Support Services is governed by the Corporate Trust and Institutional Trust & Custody policies and programs as described in the user manual, in "online" documentation, and/or in other Corporate Trust and Institutional Trust & Custody provided materials.
    • Any supplemental software code provided to you as part of the Support Services shall be considered part of this EULA.
    • Termination. Without prejudice to any other rights, Corporate Trust and Institutional Trust & Custody may terminate this EULA, if you fail to comply with the terms and conditions of this EULA.
  3. COPYRIGHT. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text and applets incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Corporate Trust and Institutional Trust & Custody or its suppliers. The Software Product is protected by copyright laws. Therefore, you must treat the Software Product like any other copyrighted material. The entire risk arising out of use or performance of the Software Product remains with you.
  4. NO LIABILITY FOR DAMAGES. In no event shall Corporate Trust and Institutional Trust & Custody or its suppliers be liable for damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this Corporate Trust and Institutional Trust & Custody product, even if Corporate Trust and Institutional Trust & Custody has been advised of the possibility of such damages.

U.S. Bank's access portal(s) are private Internet sites owned and operated by U.S. Bank. Except as otherwise provided in this EULA, the provision and use shall be governed by and subject to the account agreement(s) between Client and U.S. Bank. U.S. Bank will issue Client a personalized User ID and Password to enable Client to access the Software Product. Client shall be responsible for all activities resulting from the use of its User ID, and Password, including any unauthorized use. Client will immediately notify U.S. Bank if he/she becomes aware of, or suspects, termination of relationship with authorized entity, unauthorized disclosure, unauthorized use or loss of Client's User ID, and/or password.

Client consents to the access and use of services over the Internet. Client acknowledges that it may be required to periodically accept on-line user agreements to continue to use the Software Product and U.S. Bank may add to or eliminate information and services at any time without notice. Information, services, and functions are provided on an "as is/as available" basis without any warranties except as required by law. U.S. Bank is not liable for any damages that results from the use of or inability to use the service or for client errors.

If you choose No, you will not be permitted further navigation of the application. To access the Software Product you must accept this agreement.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

LEGAL DISCLAIMER FOR USERS OF THE TIR PORTAL:

U.S. Bank provides investor reporting information on the internet as a convenience, a courtesy and for information purposes only, to current and future securities holders and investors within the jurisdictions where U.S. Bank is authorized to do business. The information is not intended and shall not constitute an offer to sell or a solicitation to buy securities, nor is anything contained in this site an advertisement or promotion of any investment related service.

U.S. Bank has no duty to nor is U.S. Bank required to verify information received from third parties, and cannot and does not represent or warrant the accuracy of such information contained in this site. Further, the potential exists for the alteration of posted information by third parties after publication on this site.

U.S. Bank does not assume any liability associated with the use by any party of the information found on this site. The information on this site is provided "as is" and U.S. Bank makes no representations or warranties with respect to the accuracy, completeness or sufficiency thereof for any particular purpose.

Certain information contained in this site may not include the most current information. Any dated information is published as of its date only and U.S. Bank does not undertake any obligation or responsibility to update or amend such information. U.S. Bank assumes no liability or guarantee for the timeliness, accuracy or completeness for the information provided.

U.S. Bank relies on certain representations by the users of this site. These representations include the authority of such users to gain access to and use the information on this site. U.S. Bank is not responsible for any misrepresentations made by potential users of this site. Further, U.S. Bank is not responsible for the use or misuse of the information that such users obtain on this site due to such misrepresentations. By agreeing to the terms of use, you are representing that you are authorized to access the information contained herein.

INFORMATION, DATA PROTECTION, PRIVACY STATEMENT AND TERMS OF USE FOR EUROPEAN USERS:

U.S.Bank Global Corporate Trust Services
U.S. Bank Global Corporate Trust Services is a trading name of Elavon Financial Services DAC (a U.S. Bancorp group company).
Registered in Ireland with the Companies Registration Office, Reg.No.418442.
The liability of the member is limited.
Registered Office: 2nd Floor, Block E, Cherrywood Science & Technology Park, Loughlinstown, Co. Dublin, Ireland.
Regulated by the Central Bank of Ireland.
 
United Kingdom branch registered in England and Wales under the number BR009373.
 
In the UK, Elavon Financial Services DAC, trading as U.S. Bank Global Corporate Trust Services, operates from offices at 125 Old Broad Street, Fifth Floor, London, EC2N 1AR and is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request.

DATA PROTECTION AND PRIVACY STATEMENT

We are concerned with the protection of your privacy and this also applies for the handling of your data during your visit to our website. The handling of your personal data, in particular the data we collect and analyse and how such data is used, is as follows.

Cookies
Cookies are small text files placed on your computer and are commonly used on the internet. We use them to:
  • collect anonymous information that will help us understand visitors' browsing habits on our website;
  • compile statistical reports on website activity, e.g. number of visitors and the pages they visit;
  • temporarily store any information which you may enter in tools, such as calculators or demonstrations on our website;
  • in some cases, remember information about you when you visit our site. We may need to do this to provide some of our services.
We do not use cookies to track your use of the internet after you leave our sites, nor do we store any personal information in them that others could read and understand.

We use two types of cookie:

Session cookies - these are temporary and are deleted as soon as you close your browser.

Persistent cookies - these are stored on your computer until they expire or you remove them. Persistent cookies store your personal preferences such as your language preferences on multi-lingual sites to make subsequent visits easier. They also remember questions we have asked you previously, such as a request to complete an online survey. A persistent cookie will prevent you from being asked to complete the same survey every time you visit the website.

Third party cookies - We work with third parties who, on our behalf, research the use of our website and activities on it. In doing so they may place a cookie on your computer. However it would not contain any personal information that others could read and understand. We also work with third parties to evaluate the effectiveness of our advertising and promotions on third party websites. Again, the cookie would not contain any personal information that others could read and understand.

Accepting or rejecting cookies You can configure your internet browser to warn you each time a new cookie is about to be stored on your computer so that you may make a decision whether to accept or reject it. Please refer to your internet browser's help section for specific instructions. Please note that some parts of our website may not function properly if you reject cookies.

Further information about cookies The Interactive Advertising Bureau is an industry body that has produced a series of web pages, which explain how cookies work and how they can be managed.

Transfer of personal data to third parties Any information you supply may be stored and processed on computers outside of the European Union (e.g. USA), which does not have data protection laws that provide the same protections as the laws of the Member States of the European Economic Area. However, your information will be handled in compliance with this Privacy Policy and applicable laws.

We are committed to protecting your privacy during your visits to our website and recognise our responsibility to hold your information securely and confidentially. Processing of personal data
Elavon will only collect, process or use your personal data upon express consent, which may be granted electronically. Your consent may be withdrawn at any time with effect for the future. Should you transmit to us personal data (such as name, address or e-mail address) for the purposes of your application for employment with Elavon or in order to receive information on the products offered by Elavon, you consent to Elavon's use of such data for the applicable purpose. Your personal data will in each case be stored until the purpose for which they were entrusted to us has been attained. If you no longer agree with the storage of your data before that time or if such data has become incorrect, they will be deleted or, as the case may be, corrected, according to your instruction. The data will principally be stored by Elavon. If you have questions relating to the processing of your personal data on this website please contact us.

Automatically collected information and its anonymity
In general, you can access the Elavon website without providing personal information. Your visit to the Elavon website will be logged, which will include the collection of the following data only:
  • The page from which our website was accessed;
  • The pages accessed;
  • Date and time of the access;
  • The data volume transferred;
  • A notice whether the access was successful;
  • The operating system used;
  • The internet browser used;
The stored information will only be used to determine which pages are of particular interest for you in order to improve our offer to you.

Contacting us
You have the right to request a copy of the information held by us about you. We are entitled, by law, to charge a small fee for this. You also have the right to access your data, have changed any inaccuracies in the details we hold about you, the right to object to the use of your data and the right to block any specific uses of your data, by means of a request in writing to:
U.S.Bank Global Corporate Trust Services
125 Old Broad Street
Fifth Floor
London, EC2N 1AR
or email: sfg@usbank.com

TERMS OF USE FOR EUROPEAN USERS:

Introduction

These are the terms and conditions (as amended from time to time) governing use of this website and the agreement that operates between us and you (the "Terms"). These Terms set out the rights and obligations of all users ("you"/"your") and those of Elavon Financial Services DAC (trading as U.S.Bank Global Corporate Trust Services) ("us"/"our"/"we"/"Elavon") in relation to this website. Please carefully read these Terms and our Privacy Statement. By using this website you are consenting to be bound by these Terms and our Privacy Statement. If you do not agree to all of the Terms and the Privacy Statement, please do not use this website and leave it instead.

If you have any questions about the Terms or the Privacy Statement, please contact us at Elavon Financial Services DAC, trading as U.S. Bank Global Corporate Trust Services, 5th Floor, 125 Old Broad Street, London, EC2N 1AR, United Kingdom or info@elavon.com. Elavon Financial Services DAC, trading as U.S. Bank Global Corporate Trust Services, is regulated by the Central Bank of Ireland. Its registered office is 2nd Floor, Block E, Cherrywood Science and Technology Park, Loughlinstown, County Dublin, Ireland and its company number is 418442. In the UK, Elavon Financial Services DAC, trading as U.S. Bank Global Corporate Trust Services, is authorised by the Central Bank of Ireland and subject to limited regulation by the Financial Conduct Authority. Details about the extent of our regulation by the Financial Conduct Authority are available from us on request.

Grant of licence

Subject to you having agreed with and continuing to comply with these Terms, Elavon grants you a personal, revocable and non-transferable licence to access and use this website. Elavon reserves the right to terminate your access to this website at any time and without notice.

Any rights not expressly granted in these Terms are reserved.

Links on this website

Links to third party websites and details of third party services on this website are provided solely for your convenience and Elavon does not control and is not responsible for such third parties, their products, services and / or websites including availability of use and content of such. Elavon has not reviewed or evaluated any third party products, services or websites and does not in any way endorse or make any representations about such or about the third party providers. If you use a third party link, you leave this website and if you decide to access any of the third party websites linked to this website, or use any of the third party products or services displayed on it, you do so entirely at your own risk.

Elavon may distribute content supplied by third parties on this website. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers or any other users of this website, are those of the respective author(s) or distributor(s) and not Elavon.

Links to this website

If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of the Elavon logo;
  • you do not create a frame or any other browser or border environment around this website;
  • you do not in any way represent or imply that Elavon is endorsing any products other than its own;
  • you do not misrepresent your relationship with Elavon;
  • you do not present any false information about Elavon;
  • you do not in any way infringe the intellectual property rights of Elavon or its licensors;
  • you do not link from a website that is not owned by you;
  • your website does not contain content that is distasteful, offensive, or controversial, or infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations.

Elavon expressly reserves the right to revoke the right granted above for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Elavon for any loss or damage suffered by Elavon, either directly or indirectly, for breach of the above terms or any other part of these Terms.

Amendments to the terms

Elavon reserves the right to amend the contents of this website, including these Terms, from time to time or to suspend or discontinue the website. Therefore, you should acquaint yourself with the Terms (and possible amendments to such) each time you visit this website.

Visitor conduct and material

You may not, via this website, participate in any activities which are illegal, offensive or abusive or which infringe the rights of third parties. Without limiting the generality of the foregoing, you are prohibited from posting or transmitting to or from the website any material:

  • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
  • for which you have not obtained all necessary licences and/or approvals; or
  • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

Other than personally identifiable information, which is covered under our Privacy Statement, any material you transmit or post to the website shall be considered non-confidential and non-proprietary. Elavon shall have no obligations with respect to such material. Elavon and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

Intellectual property rights notice

The contents of this website are protected by copyright and trade mark laws, and are the property of Elavon and/or its licensors. Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including, without limitation, photographs and graphical images) are owned by Elavon and/or its licensors. You may access the materials located within this website only for your personal use, so long as you neither change nor delete any trade mark, legend or copyright notice.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of this website. You must follow and observe all additional copyright notices or other restrictions contained in any parts of this website.

You are permitted to print and download extracts from the website for your own personal use on the following basis:

  • no documents or related graphics on the website are modified in any way;
  • no graphics on the website are used separately from the corresponding text; and
  • Elavon's copyright and trade mark notices and this permission notice appear in all copies.

Disclaimer and limitation of liability

While Elavon endeavours to ensure that the information on the website is correct, Elavon does not warrant the accuracy and completeness of the material on the website. Elavon may make changes to the material on the website, at any time without notice. The material on the website may be out of date, and Elavon makes no commitment to update such material.

This website is available to all users "as is" without any representation or warranties of any kind, either express or implied. To the maximum extent permitted by law, Elavon provides you with the website on the basis that Elavon excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of merchantability/satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the website).

Elavon, any other party (whether or not involved in creating, producing, maintaining or delivering the website), and any of Elavon's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the website in any way or in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website.

Nothing in these Terms limits in any way our liability: (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Venue, governing law

Place of venue for any disputes in connection with this website, to the extent you are a merchant, is the seat of Elavon in the various European jurisdictions where Elavon does business. These Terms are governed by the laws of the various European jurisdictions, and disputes are to be escalated to the various branches of Elavon or to Elavon's head office in Ireland.

Severability

To the extent that there are any gaps in these terms of use or that any of their provisions are or become ineffective, the effectiveness of the remaining provisions shall not be affected thereby.

Miscellaneous

Any waiver of these Terms must be in writing and signed by Elavon to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.

These Terms represent the entire understanding and agreement between you and Elavon relating to use of this website, and supersede any and all prior statements, understandings, and agreements whether written or oral between you and Elavon relating to use of this website, and shall not be modified except in writing, signed by you and Elavon.

Feedback

We welcome your feedback about these Terms, the Privacy Statement or this website. Please contact us on info@elavon.com with any comments. © 2020, Elavon Financial Services DAC. Elavon is a trademark in the United States and other countries. All rights reserved.

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