Terminal Device Software License Agreement

Last modified: March 26, 2024

PLEASE READ THIS TERMINAL DEVICE SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR STRIPE TERMINAL PRODUCT OR INSTALLING ANY UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR STRIPE TERMINAL PRODUCT OR INSTALLING AN UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE STRIPE TERMINAL PRODUCT OR INSTALL THE UPDATE. IF YOU HAVE RECENTLY PURCHASED A STRIPE TERMINAL PRODUCT AND YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE STRIPE TERMINAL PRODUCT, UNUSED, WITHIN THE APPLICABLE RETURN PERIOD TO THE STRIPE ENTITY OR AUTHORIZED DISTRIBUTOR FROM WHICH YOU OBTAINED IT FOR A REFUND, SUBJECT TO THE RETURN POLICY THAT IS MADE AVAILABLE TO YOU.

1. Definitions

“Stripe” means (a) Stripe, LLC, a Delaware limited liability company, if the Stripe Terminal Product on which Terminal Device Software is installed was originally shipped to and intended to be used in a country located in North America or South America (“the Americas”); or (b) Stripe Technology Company Limited, an Irish company, if the Stripe Terminal Product on which Terminal Device Software is installed was originally shipped to, and intended to be used in, a country located outside of the Americas.

“Stripe Terminal Product” means a physical Point of Sale (POS) device that is intended by Stripe to be used with the Services (as defined in Section 3 below).

“Terminal Device Software” means (a) the software and firmware provided by Stripe or its designee on, or for installment on, a Stripe Terminal Product, including Verifone and other third-party application developer kits and associated documentation, and sample code that Stripe uses to develop Stripe Terminal Products; (b) other software that Stripe or its designee provides or makes available to you for installation on a Stripe Terminal Product; and (c) documentation provided by Stripe or its designee with your Stripe Terminal Product (together, the “Original Terminal Device Software”), as may be updated or replaced by Stripe or its designee (“Updates”), in any form.

2. Delivery and Updates

**2.1 Delivery: **The Original Terminal Device Software will be delivered as installed on the Stripe Terminal Product or provided as a download.

2.2 Updates:

a. From time to time, Stripe (or other licensors of the Terminal Device Software) may, at its discretion, require or make available future Updates. All Updates are mandatory unless otherwise designated by Stripe. The terms of this License will govern all Updates, unless an Update is accompanied by a separate license, in which case the terms of that license will govern.

b. The Terminal Device Software may periodically check with Stripe for Updates. An Update may automatically download and install onto your Stripe Terminal Product. You agree that Stripe may push an Update directly to Stripe Terminal Products (including through its SDK or API). If an Update is not automatically downloaded or installed, then Stripe will notify you of the Update and direct you to where you can download the applicable Update. When you receive a notice to make a required Update, you must implement the Update by the date provided in the notice, or within 30 days from the date of the notice if Stripe does not provide a different date. If you do not implement an Update by the required date, the affected Stripe Terminal Products may not function properly. Stripe will not be obligated to provide services or support for any Stripe Terminal Products that include outdated versions of the Terminal Device Software.