Common use of End-to-End Encryption Clause in Contracts

End-to-End Encryption. If available, Merchant may utilize end-to-end encryption products and services as provided wholly or partially by a third party with the support of Processor (“E2EE Service”). The E2EE Service is designed to: (i) encrypt (make unreadable) card data information at the origin of the payment transaction, which is a point-of-sale (POS) terminal that has licensed application software which supports the E2EE Service; and, (ii) decrypt card data information at the destination of the transaction, which are the Processor’s processing systems. Card data information protected by the E2EE Service may include Track 1 or Track 2 data (Magnetic Stripe Data obtained through a magnetic card swipe read) or PAN Data (Manually Entered Personal Account Number (card data) as appropriate to the type of transaction processed on the terminal. The terminal application software supporting the E2EE Service is designed to generate encryption keys which are used in conjunction with the terminal application to encrypt card data during transmission of the transaction authorization request from the point of sale terminal. The E2EE Service applies only to transactions sent from the terminal to Processor’s authorization and settlement systems pursuant to this Agreement. The service supports transactions associated with credit (signature), debit (signature), debit (PIN), and specifically excludes Visa POS Check transactions, gift card transactions, and transactions originated from terminal application software installed in the terminal that is provided by a third party. Merchant bears all risk and responsibility for conducting Merchant’s own due diligence regarding the fitness of E2EE Service for a particular purpose and for determining compliance with the Bank Rules, the Operating Regulations, and the Laws. Accordingly, Merchant’s use of E2EE Service is at Merchant’s own risk. Processor's sole responsibility to Merchant in connection with E2EE Service will be to communicate service or other issues to the applicable licensed encryption software provider as documented by Merchant in writing to Processor. Processor’s decision to offer E2EE Service shall not limit Merchant’s duties and obligations contained in this provision or the Agreement. Merchant acknowledges that provision of E2EE Service to Merchant is subject to several factors, including, without limitation, the availability of the licensed encryption software from the applicable third party provider and Merchant’s compliance with the terms of this paragraph and the Agreement. Merchant acknowledges that the receipt of E2EE Service may require the use or upgrading of certain terminals and/or equipment (which shall be at Merchant’s sole expense) and may not be supported on all terminals/equipment. Processor does not warrant or guaranty that use of the E2EE Service, in itself, will: (i) result in Merchant’s compliance with Bank Rules, Operating Regulations, and/or Laws; (ii) prevent any and all unauthorized breaches of Merchant’s terminals, systems or facilities; or, (iii) be uninterrupted or error-free. Merchant agrees that it shall not acquire any interest in (ownership, intellectual property or otherwise) any of the third party provider software used to provide the E2EE Service. Merchant shall not, and shall have no right to, own, copy, distribute, sub-lease, sub-license, assign or otherwise transfer any portion of such third party provider software used to provide the E2EE Service or any materials provided by Processor or to modify, decompile, or reverse engineer any such software, materials, or the Services. Merchant acknowledges and agrees that Processor has no obligation to provide E2EE Services and Processor has no liability for any failure to make the E2EE Services available to Merchant.

End-to-End Encryption. If available, Merchant may utilize end-to-end encryption products and services as provided wholly or partially by a third party with the support of Processor Vendor (“E2EE Service”). The E2EE Service is designed to: (i) encrypt (make unreadable) card data information at the origin of the payment transaction, which is a point-of-sale (POS) terminal that has licensed application software which supports the E2EE Service; and, (ii) decrypt card data information at the destination of the transaction, which are the ProcessorVendor’s processing systems. Card data information protected by the E2EE Service may include Track 1 or Track 2 data (Magnetic Stripe Data obtained through a magnetic card swipe read) or PAN Data (Manually Entered Personal Account Number (card data) as appropriate to the type of transaction processed on the terminal. The terminal application software supporting the E2EE Service is designed to generate encryption keys which are used in conjunction with the terminal application to encrypt card data during transmission of the transaction authorization request from the point of sale terminal. The E2EE Service applies only to transactions sent from the terminal to ProcessorVendor’s authorization and settlement systems pursuant to this Agreement. The service supports transactions associated with credit (signature), debit (signature), debit (PIN), and specifically excludes Visa POS Check transactions, gift card transactions, and transactions originated from terminal application software installed in the terminal that is provided by a third party. Merchant bears all risk and responsibility for conducting Merchant’s own due diligence regarding the fitness of E2EE Service for a particular purpose and for determining compliance with the Bank Rules, the Operating Regulations, and the Laws. Accordingly, Merchant’s use of E2EE Service is at Merchant’s own risk. ProcessorVendor's sole responsibility to Merchant in connection with E2EE Service will be to communicate service or other issues to the applicable licensed encryption software provider as documented by Merchant in writing to ProcessorVendor. ProcessorVendor’s decision to offer E2EE Service shall not limit Merchant’s duties and obligations contained in this provision or the Agreement. Merchant acknowledges that provision of E2EE Service to Merchant is subject to several factors, including, without limitation, the availability of the licensed encryption software from the applicable third party provider and Merchant’s compliance with the terms of this paragraph and the Agreement. Merchant acknowledges that the receipt of E2EE Service may require the use or upgrading of certain terminals and/or equipment (which shall be at Merchant’s sole expense) and may not be supported on all terminals/equipment. Processor Vendor does not warrant or guaranty that use of the E2EE ServiceService , in itself, will: (i) result in Merchant’s compliance with Bank Rules, Operating Regulations, and/or Laws; (ii) prevent any and all unauthorized breaches of Merchant’s terminals, systems or facilities; or, (iii) be uninterrupted or error-free. Merchant agrees that it shall not acquire any interest in (ownership, intellectual property or otherwise) any of the third party provider software used to provide the E2EE Service. Merchant shall not, and shall have no right to, own, copy, distribute, sub-lease, sub-license, assign or otherwise transfer any portion of such third party provider software used to provide the E2EE Service or any materials provided by Processor Vendor or to modify, decompile, or reverse engineer any such software, materials, or the Services. Merchant acknowledges and agrees that Processor Vendor has no obligation to provide E2EE Services and Processor Vendor has no liability for any failure to make the E2EE Services available to Merchant.

End-to-End Encryption. If available, Merchant may utilize end-to-end encryption products and services as provided wholly or partially by a third party with the support of Processor Vendor (“E2EE Service”). The E2EE Service is designed to: (i) encrypt (make unreadable) card data information at the origin of the payment transaction, which is a point-of-sale (POS) terminal that has licensed application software which supports the E2EE Service; and, (ii) decrypt card data information at the destination of the transaction, which are the ProcessorVendor’s processing systems. Card data information protected by the E2EE Service may include Track 1 or Track 2 data (Magnetic Stripe Data obtained through a magnetic card swipe read) or PAN Data (Manually Entered Personal Account Number (card data) as appropriate to the type of transaction processed on the terminal. The terminal application software supporting the E2EE Service is designed to generate encryption keys which are used in conjunction with the terminal application to encrypt card data during transmission of the transaction authorization request from the point of sale terminal. The E2EE Service applies only to transactions sent from the terminal to ProcessorVendor’s authorization and settlement systems pursuant to this Agreement. The service supports transactions associated with credit (signature), debit (signature), debit (PIN), and specifically excludes Visa POS Check transactions, gift card transactions, and transactions originated from terminal application software installed in the terminal that is provided by a third party. Merchant bears all risk and responsibility for conducting Merchant’s own due diligence regarding the fitness of E2EE Service for a particular purpose and for determining compliance with the Bank Rules, the Operating Regulations, and the Laws. Accordingly, Merchant’s use of E2EE Service is at Merchant’s own risk. ProcessorVendor's sole responsibility to Merchant in connection with E2EE Service will be to communicate service or other issues to the applicable licensed encryption software provider as documented by Merchant in writing to ProcessorVendor. ProcessorVendor’s decision to offer E2EE Service shall not limit Merchant’s duties and obligations contained in this provision or the Agreement. Merchant acknowledges that provision of E2EE Service to Merchant is subject to several factors, including, without limitation, the availability of the licensed encryption software from the applicable third party provider and Merchant’s compliance with the terms of this paragraph and the Agreement. Merchant acknowledges that the receipt of E2EE Service may require the use or upgrading of certain terminals and/or equipment (which shall be at Merchant’s sole expense) and may not be supported on all terminals/equipment. Processor Vendor does not warrant or guaranty that use of the E2EE ServiceService , in itself, will: (i) result in Merchant’s compliance with Bank Rules, Operating Regulations, and/or Laws; (ii) prevent any and all unauthorized breaches of Merchant’s terminals, systems or facilities; or, (iii) be uninterrupted or error-free. Merchant agrees that it shall not acquire any interest in (ownership, intellectual property or otherwise) any of the third party provider software used to provide the E2EE Service. Merchant shall not, and shall have no right to, own, copy, distribute, sub-lease, sub-license, assign or otherwise transfer any portion of such third party provider software used to provide the E2EE Service or any materials provided by Processor Vendor or to modify, decompile, or reverse engineer any such software, materials, or the Services. Merchant acknowledges and agrees that Processor Vendor has no obligation to provide E2EE Services and Processor Vendor has no liability for any failure to make the E2EE Services available to Merchant. Merchant authorizes Vendor to contact Merchant’s customers or their Card issuing bank if it determines that such contact is necessary to find out information about any Card transaction between Merchant and the customer. Merchant may not contact a Discover Network Cardholder in connection with the services provided under this Agreement except as authorized under this Agreement or the Operating Regulations or except as required by Law.

End-to-End Encryption. If available, Merchant may utilize end-to-end encryption products and services as provided wholly or partially by a third party with the support of Processor (“E2EE Service”). The E2EE Service is designed to: (i) encrypt (make unreadable) card data information at the origin of the payment transaction, which is a point-of-sale (POS) terminal that has licensed application software which supports the E2EE Service; and, (ii) decrypt card data information at the destination of the transaction, which are the Processor’s processing systems. Card data information protected by the E2EE Service may include Track 1 or Track 2 data (Magnetic Stripe Data obtained through a magnetic card swipe read) or PAN Data (Manually Entered Personal Account Number (card data) as appropriate to the type of transaction processed on the terminal. The terminal application software supporting the E2EE Service is designed to generate encryption keys which are used in conjunction with the terminal application to encrypt card data during transmission of the transaction authorization request from the point of sale terminal. The E2EE Service applies only to transactions sent from the terminal to Processor’s authorization and settlement systems pursuant to this Agreement. The service supports transactions associated with credit (signature), debit (signature), debit (PIN), and specifically excludes Visa POS Check transactions, gift card transactions, and transactions originated from terminal application software installed in the terminal that is provided by a third party. Merchant bears all risk and responsibility for conducting MerchantXxxxxxxx’s own due diligence regarding the fitness of E2EE Service for a particular purpose and for determining compliance with the Bank Rules, the Operating Regulations, and the Laws. Accordingly, MerchantXxxxxxxx’s use of E2EE Service is at Merchant’s own risk. Processor's sole responsibility to Merchant in connection with E2EE Service will be to communicate service or other issues to the applicable licensed encryption software provider as documented by Merchant in writing to Processor. Processor’s decision to offer E2EE Service shall not limit Merchant’s duties and obligations contained in this provision or the Agreement. Merchant acknowledges that provision of E2EE Service to Merchant is subject to several factors, including, without limitation, the availability of the licensed encryption software from the applicable third party provider and Merchant’s compliance with the terms of this paragraph and the Agreement. Merchant acknowledges that the receipt of E2EE Service may require the use or upgrading of certain terminals and/or equipment (which shall be at Merchant’s sole expense) and may not be supported on all terminals/equipment. Processor does not warrant or guaranty that use of the E2EE Service, in itself, will: (i) result in Merchant’s compliance with Bank Rules, Operating Regulations, and/or Laws; (ii) prevent any and all unauthorized breaches of Merchant’s terminals, systems or facilities; or, (iii) be uninterrupted or error-free. Merchant Xxxxxxxx agrees that it shall not acquire any interest in (ownership, intellectual property or otherwise) any of the third party provider software used to provide the E2EE Service. Merchant shall not, and shall have no right to, own, copy, distribute, sub-lease, sub-license, assign or otherwise transfer any portion of such third party provider software used to provide the E2EE Service or any materials provided by Processor or to modify, decompile, or reverse engineer any such software, materials, or the Services. Merchant acknowledges and agrees that Processor has no obligation to provide E2EE Services and Processor has no liability for any failure to make the E2EE Services available to Merchant.