| Any person or company using a valid thawte SSL Web Server certificate or SGC SuperCert is permitted to
display the relevant thawte Trusted Site Seal on their website.
If you are not using a thawte certificate on your website, you are not entitled to use the thawte Trusted Site Seal .
- The thawte Trusted Site Seal will only display correctly for the exact domain you acquired a certificate for.
- If the secure part of your site has a different top-level domain, you are not allowed to display a site seal.
- If the secure part of your site has the same Top Level Domain but a different host (i.e. www.domain.com is
a registered domain but secure.domain.com is the secure part of the site) you may display our Second Tier Trusted Seal.
You also agree to receive communications from us from time to time.
Alterations to the thawte Trusted Site Seal
You may not alter the thawte Trusted Site Seal displayed on the Site Seal page.
Prohibited Use
The thawte Trusted Site Seal may not be used in any way that will mislead Internet users into believing that a
web page or website is secure, when in fact it is not.
Intellectual Property Rights
The name " thawte " is the registered trademark of Thawte Consulting (Pty) Ltd, a VeriSign Inc. Company, and
any company other than Thawte. has no rights in and to the name " thawte ", and to it's various logos and Site
Seals, and may only use them as specified in these Conditions of Use.
Optional Text to Use with thawte Trusted Site Seal
If you qualify to use the thawte Trusted Site Seal you may use the following text to explain its use:
"This web site is secured using a thawte Digital Certificate. This ensures that all information you send to us via the World Wide Web will
be encrypted. Please click on the thawte Trusted Site Seal which demonstrates our commitment to your security."
VeriSign Inc.
Nothing contained herein authorizes you to use the various VeriSign logos and Site Seals.
By using a thawte logo or thawte Trusted Site Seal on your web site, you indicate your acceptance of
these conditions of use of thawte's logos and Site Seals.
THAWTE SSL SERVER AND SUPER CERT SUBSCRIBER AGREEMENT
YOU MUST READ THIS SUBSCRIBER AGREEMENT ("AGREEMENT") BEFORE APPLYING FOR, ACCEPTING, OR USING
A thawteSSL SERVER CERTIFICATE OR A thawteSUPERCERT (BOTH REFERRED TO HEREIN AS A "CERTIFICATE").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE CERTIFICATE.
THIS AGREEMENT will become effective on the date you submit the certificate application to Thawte. By submitting this Agreement
(and certificate application) you are requesting that thawteissue a Certificate to you and are expressing your agreement to the terms of
this Agreement. Thawte"s Certificate services are governed by Thawte"s Certification Practice Statement (the "CPS") as amended from
time to time. The CPS is published on the Internet at http://www.thawte.com/cps/.
1. Definitions:
The capitalized terms used in this Agreement shall have the following meanings unless otherwise specified:
"Compromise" shall mean a loss, theft, disclosure, modification, unauthorized use, or other compromise of the security of a private key.
"Derivative Work" shall have the meaning set forth in Section 8 of this Agreement.
"Device" shall mean a network management tool, such as a server load balancer or SSL accelerator, that routes electronic data from one
point to single or multiple devices or servers.
"High Assurance Certificates" require an organization to provide assurances of the identity of the Subscriber based on a confirmation that
the Subscriber organization does in fact exist, that the organization has authorized the Certificate Application, and that the person submitting
the Certificate Application on behalf of the Subscriber was authorized to do so.
"Licensing Option" shall mean the specific licensing option on the enrollment screen that permits a subscriber to use of a Certificate on
one physical Device and obtain additional Certificate licenses for each physical server that each Device manages, or where replicated Certificates
may otherwise reside
"Relying Party" shall mean an individual or organization that acts in reliance on a certificate and/or a digital signature.
"Subscriber" shall mean an organization that owns the equipment or device that is the subject of, and has been issued, a Certificate. A
Subscriber is capable of using and is authorized to use, the private key that corresponds to the public key listed in the Certificate.
"Subscriber Agreement" shall mean an agreement used by thawtesetting forth the terms and conditions under which an organization acts
as a Subscriber.
"SuperCerts" shall mean a High Assurance organizational Certificate used to support Secure Sockets Layer ("SSL") sessions between
web browsers and web servers (including Devices) that are encrypted using strong cryptographic protection consistent with applicable export laws.
"thawteIntellectual Property Rights" shall have the meaning set forth in Section 8 of this Agreement.
"thawtePKI" shall mean the thawtePublic Key Infrastructure that provides Certificates for individuals and organizations.
2. Description of the Certificate.
This section sets forth the terms and conditions regarding your application ("Certificate Application") for a Certificate and, if thawteaccepts your
Certificate Application, the terms and conditions regarding the your use of the Certificate to be issued by thawteto you as "Subscriber" of that
Certificate. A "Certificate" is a digitally signed message that contains a Subscriber"s public key and associates it with information authenticated
by thawteor a Thawte-authorized entity. The Certificate provided under this Agreement is issued within the thawtePKI by Thawte, Inc.
The Certificate for which you have applied on behalf of your organization is a High Assurance organizational Certificate within the thawtePKI.
High Assurance organizational Certificates are issued to Devices to provide authentication, message, software, and content integrity and signing,
and confidentiality encryption. High Assurance organizational Certificates provide assurances of the identity of the Subscriber based on a
confirmation that the Subscriber organization does in fact exist, that the organization has authorized the Certificate Application, and that the
person submitting the Certificate Application on behalf of the Subscriber was authorized to do so. The Certificate also provides assurances
that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate
Application. For more detailed information about Thawte"s certification services, please see the thawteCPS.
The Subscriber acknowledges that SuperCerts are only compatible with version 4.7 or later of Netscape Communicator, and with
version 5.01 or later of Microsoft Internet Explorer.
3. Processing Your Certificate Application.
Upon Thawte"s receipt of the necessary payment and upon completion of authentication procedures required for the Certificate you have
purchased, thawtewill process your Certificate Application. thawtewill notify you whether your Certificate Application is approved or rejected.
If your Certificate Application is approved, thawtewill issue you a Certificate for your use in accordance with this Subscriber Agreement.
Your use of the PIN from thawteto pick up the Certificate or otherwise installing or using the Certificate is considered your acceptance of the
Certificate. After you pick up or otherwise install your Certificate, you must review the information in it before using it and promptly notify
thawteof any errors. Upon receipt of such notice, thawtemay revoke your Certificate and issue a corrected Certificate.
4. Use Restrictions.
You are prohibited from using your Certificate (i) for or on behalf of any other organization, or (ii) to perform private or public key operations in
connection with any domain name and/or organization name other than the submitted by you during enrolment. You are also prohibited from
using your Certificate on more than one server at a time, except where you have purchased the specific licensing option on the enrollment
screen that permits the use of a Certificate on multiple servers (the "Licensing Option"). In the event you purchase the Licensing Option,
you hereby acknowledge and agree that (i) there are increased risks of private key compromise associated with copying Certificates and
private keys on multiple servers; and (ii) you may not copy the Certificate on more than five (5) servers. If you choose to display Thawte"s
Authentic Site Seal (the "Seal"), you must install and display such Seal only in accordance with the Conditions of Use of the thawteSite
Seals (http://www.thawte.com/html/CORPORATE/agreement.html) ("Conditions of Use").
5. Revocation.
If you discover or have reason to believe there has been a Compromise of your private key or the activation data protecting such private key,
or the information within the Certificate is incorrect or has changed, or if your organizational name and/or domain name registration has changed,
you must immediately notify thawteand request revocation of the Certificate and you must notify any person that may reasonably be expected
by you to rely on or to provide services in support of the Certificate or a digital signature verifiable with reference to the Certificate. thawteretains
the right to revoke your Certificate if, within forty-five (45) days of receiving an invoice from Thawte, you do not pay the invoice. thawtealso retains
the right to revoke your Certificate if you have installed a Seal and fail to perform any other material obligations under the terms of this Subscriber
Agreement or if, in Thawte"s sole discretion, thawtedetermines that you have or may have compromised the security or integrity of the thawtePKI.
6. Obligations Upon Revocation or Expiration.
Upon expiration or notice of revocation of your Certificate, you shall permanently remove your Certificate from the server on which it is
installed and shall not use it for any purpose.
7. Fees, Payments and Term of Service.
As consideration for the Certificate and associated services you have purchased, you agree to pay thawtethe applicable service(s)
fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice from Thawte. All fees are due
immediately and are non-refundable, except as otherwise expressly noted below in this Subscriber Agreement. Any renewal of your
services with thawteis subject to our then current terms and conditions, including, but not limited to, successful completion of any
applicable authentication procedure, and payment of all applicable service fees at the time of renewal. thawtewill provide you notice
prior to the renewal of your services at least thirty (30) days in advance of the renewal date. You are solely responsible for the credit card
information you provide to thawteand must promptly inform thawteof any changes thereto (e.g., change of expiration date or account number).
In addition, you are solely responsible for ensuring the services are renewed. thawteshall have no liability to you or any third party in
connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. You agree to
pay all value added, sales and other taxes (other than taxes based on Thawte"s income) related to thawteservices or payments made by
you hereunder. All payments of fees for thawteservices shall be made in U.S. dollars. Set up fees, if any, will become payable on the
applicable effective date for the applicable thawteservices. You are responsible for notifying thawteof the need to purchase additional
Certificates with the Licensed Certificate Option described herein. All sums due and payable that remain unpaid after any applicable cure
period herein will accrue interest as a late charge of 1.5per month or the maximum amount allowed by law, whichever is less.
8. Ownership.
Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and
logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and
know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v)
registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software; and (vi) all other
intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or
practiced in connection with any of the thawteservices identified herein ("thawteIntellectual Property Rights") are owned by thawteor its
licensors, and you agree to make no claim of interest in or ownership of any such thawteIntellectual Property Rights. You acknowledge that
no title to the thawteIntellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the thawteor
its licensors" service, other than the rights expressly granted in this Subscriber Agreement. To the extent that you create any Derivative
Work (any work that is based upon one or more pre-existing versions of a work provided to you, such as an enhancement or modification,
revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such pre-existing works may
be recast, transformed or adapted) such Derivative Work shall be owned by thawteand all right, title and interest in and to each such
Derivative Work shall automatically vest in Thawte. thawteshall have no obligation to grant you any right in any such Derivative Work.
You may not reverse engineer, disassemble or decompile the thawteIntellectual Property or make any attempt to obtain source code to
the thawteIntellectual Property. You have the right to use the Certificate under the terms and conditions of this Subscriber Agreement.
9. Modifications to Subscriber Agreement
Except as otherwise provided in this Subscriber Agreement, you agree, during the term of this Subscriber Agreement, that thawtemay:
(i) revise the terms and conditions of this Subscriber Agreement; and/or
(ii) change part of the services provided under this Subscriber
Agreement at any time. Any such revision or change will be binding and effective thirty (30) days after posting of the revised Subscriber
Agreement or change to the service(s) on Thawte"s Web sites, or upon notification to you by e-mail. You agree to periodically review Thawte"s
Web sites, including the current version of this Subscriber Agreement available on Thawte"s Web sites, to be aware of any such revisions.
If you do not agree with any revision to the Subscriber Agreement, you may terminate this Subscriber Agreement at any time by
providing thawtewith notice. Notice of your termination will be effective on receipt and processing by Thawte. Any fees paid by you if
you terminate this Subscriber Agreement are non-refundable. By continuing to use thawteservices after any revision to this Subscriber
Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. thawteis not bound by nor
should you rely on any representation by
(i) any agent, representative or employee of any third party that you may use to apply for Thawte"s
services; or in
(ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative
of thawteis authorized to alter or amend the terms and conditions of this Subscriber Agreement.
10. Privacy.
You agree that thawtemay place in your Certificate certain information that you provide for inclusion in your Certificate.
You also agree that thawtemay publish your Certificate and information about its status in Thawte"s repository of Certificate information
and make this information available to other repositories.
11. Refund Policy.
11.1 Before A Certificate Is Issued. If you cancel a Certificate request before the Certificate has been issued, thawtewill refund you any
amount paid, less an administration fee of 10if documents have been received and work has been performed on the Certificate Application.
To request a refund, please email barbarac@thawte.com.
11.2. After Certificate Has Been Issued. If you cancel a certificate after the Certificate has been issued, you must request a refund to
the thawteaccount manager allocated to your Certificate Application.
(i) If you lose the private key for the Certificate, within 30 days of the Certificate"s issuance, you will be entitled to have the Certificate
reissued at a discounted rate of Fifty Dollars ($50.00 US).
(ii) If you require a new Certificate, because of an error in the information submitted to thawteduring the enrollment process, you will not be
eligible for a refund. (The original certificate will be revoked and a new Certificate shall be reissued.)
(iii) If the reason for the revocation is due to thawtebreaching a warranty or other material obligation under this Agreement, or the thawteCPS,
then you will be entitled to a full refund of the Certificate fees paid to Thawte. You may choose to receive a new Certificate at no charge.
All re-issued Certificates (and refunds if appropriate) must be authorized by the thawteCustomer Service Manager, or Technical Support Manager.
12. Representations and Warranties.
12.1 thawteRepresentations and Warranties. thawterepresents and warrants to you that (i) there are no errors introduced by thawtein your
Certificate information as a result of Thawte"s failure to use reasonable care in creating the Certificate; (ii) your Certificate complies in all
material respects with the thawteCPS; and (iii) Thawte"s revocation services and use of a repository conform to the thawteCPS in all material
aspects.
12.2 Your Representations and Warranties. You represent and warrant to thawteand anyone who relies on your Certificate that (i) all the
information you provide and all the representations you make to thawtein your Certificate Application are accurate; (ii) no Certificate information
you provided (including your e-mail address) infringes the intellectual property rights of any third parties; (iii) the Certificate Application information
you provided (including your email address) has not been and will not be used for any unlawful purpose; (iv) you have been (since the time of its
creation) and will remain the only person possessing your private key and no unauthorized person has had or will have access to your private
key; (v) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase, PIN, software, or
hardware mechanism protecting your private key and no unauthorized person has had or will have access to the same; (vi) you will use your
Certificate exclusively for authorized and legal purposes consistent with this Subscriber Agreement; (vii) you will use your Certificate as an
end-user Subscriber and not as a Certification Authority issuing Certificates, certification revocation lists, or otherwise; (viii) each digital signature
created using your private key is your digital signature, and the Certificate has been accepted and is operational (not expired or revoked)
at the time the digital signature is created; (ix) you manifest assent to this Subscriber Agreement as a condition of obtaining a Certificate;
and (x) you will not monitor, interfere with, or reverse engineer the technical implementation of the thawtePKI, except with the prior written
approval from Thawte, and shall not otherwise intentionally compromise the security of the thawtePKI. You further represent and warrant
that you have sufficient information to make an informed decision as to the extent to which you choose to rely on the information in a digital
certificate issued within the thawtePKI, that you are solely responsible for deciding whether or not to rely on such information, and that you
shall bear the legal consequences of your failure to perform any obligations you might have as a Relying Party under the applicable Relying
Party Agreement.
13. Disclaimers of Warranties.
YOU AGREE THAT YOUR USE OF THAWTE"S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH
SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER
AGREEMENT. thawteEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 13, thawteDOES NOT MAKE ANY WARRANTY
THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR FREE; NOR DOES thawteMAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THAWTE"S SERVICE. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THAWTE"S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM thawteOR THROUGH THAWTE"S SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
thawteIS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES
PURCHASED BY YOU FROM A THIRD PARTY.
14. Indemnity.
You agree to release, indemnify, defend and hold harmless thawteand any of its contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney"s fees and expenses,
of third parties relating to or arising out of (i) this Subscriber Agreement or the breach of your warranties, representations and obligations under this
Subscriber Agreement, (ii) falsehoods or misrepresentations of fact by you on the Certificate Application, (iii) any infringement of an intellectual
property or other proprietary right of any person or entity, (iv) failure to disclose a material fact on the Certificate Application if the
misrepresentation or omission was made negligently or with intent to deceive any party, or (v) failure to protect the private key, or use a trustworthy
system, or to take the precautions necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of the private key
under the terms of this Subscriber Agreement. When thawteis threatened with suit or sued by a third party, thawtemay seek written assurances
from you concerning your promise to indemnify Thawte, your failure to provide those assurances may be considered by thawteto be a material
breach of this Subscriber Agreement. thawteshall have the right to participate in any defense by you of a third-party claim related to your use
of any thawteservices, with counsel of Thawte"s choice at your own expense. You shall have sole responsibility to defend thawteagainst any
claim, but you must receive the prior written consent of thawteregarding any related settlement. The terms of this Section 14 will survive any
termination or cancellation of this Subscriber Agreement.
15. Limitations of Liability.
This Section applies to liability under contract (including breach of warranty), tort (including negligence and/or strict liability), and any
other legal or equitable form of claim. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATED
TO SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW,
THAWTE"S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A
CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO TWO TIMES THE AMOUNT PAID FOR THE CERTIFICATE. THE LIABILITY
LIMITATIONS PROVIDED IN THIS SECTION 15 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES,
TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. thawteSHALL NOT BE OBLIGATED TO PAY MORE THAN THE
TOTAL LIABILITY LIMITATION FOR EACH CERTIFICATE.
16. Force Majeure.
Except for payment and indemnity obligations hereunder, neither party shall be deemed in default hereunder, nor shall it hold the other
party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire,
storm, natural disaster, act of God, war, armed conflict, terrorist action, labor strike, lockout, boycott, provided that the party relying upon
this Section 16 shall (i) have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof
and (ii) take all reasonable steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon
which such notice is based; provided further, that in the event a force majeure event described in this Section 16 extends for a period in
excess of thirty (30) days in aggregate, the other party may immediately terminate this Subscriber Agreement.
17. Export.
You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your
Certificate, to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, but
is not limited to, the export regulations of the United States of America (the "United States"). Specifically, you shall not download or
otherwise export or re-export any Certificate into or to
(i) a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, North Korea, Syria, or
Taliban controlled areas of Afghanistan or any other country where such use is prohibited under United States export regulations, or
(ii) to anyone on the United States Treasury Department"s list of Specially Designated Nationals or the United States Commerce Department"s
Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list. WITH RESPECT TO thawteSUPER CERTIFICATES, thawteIS REQUIRED BY LAW TO
REPORT TO THE UNITED STATES GOVERNMENT YOUR COMPANY NAME AND ADDRESS IF YOU ARE A NON-UNITED STATES OR
CANADA ENTITY OR INDIVIDUAL PURCHASING THE CERTIFICATE. IN THE EVENT YOU EXPORT A CERTIFICATE TO A NON-UNITED
STATES OR CANADA ENTITY OR INDIVIDUAL, YOU AGREE TO PROVIDE thawteWITH THE INFORMATION thawteNEEDS IN ORDER
TO REPORT SUCH EXPORTS TO THE UNITED STATES GOVERNMENT.
18. Severability.
You agree that the terms of this Subscriber Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or
in part, that term or provision will not affect the remainder of this Subscriber Agreement; this Subscriber Agreement will be deemed amended
to the extent necessary to make this Subscriber Agreement enforceable, valid and, to the maximum extent possible consistent with applicable
law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
19. Governing Law.
You and thawteagree that any disputes related to the services provided under this Subscriber Agreement shall be governed in all respects
by and construed in accordance with the laws of the State of California, United States of America, excluding its conflict of laws rules.
20. Dispute Resolution.
To the extent permitted by law, before you may invoke any dispute resolution mechanism with respect to a dispute involving any aspect
of this Subscriber Agreement, you shall notify Thawte, and any other party to the dispute for the purpose of seeking dispute resolution.
If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following:
(i) When each party to the dispute is a Canadian or U.S. resident or organization situated or doing business in Canada or the United States.
All suits to enforce any provision of this Subscriber Agreement or arising in connection with this Agreement shall be brought in the United
States District Court for the Northern District of California or the Superior or Municipal Court in and for the County of Santa Clara, California,
U.S.A. The parties agree that such courts shall have exclusive in personam jurisdiction and venue and the parties submit to the exclusive
in personam jurisdiction and venue of such courts. The parties further waive any right to a jury trial regarding any action brought in connection
with this Subscriber Agreement.
(ii) Where one or more parties to the dispute is not a Canadian or U.S. resident or organization situated or doing business in Canada or the
United States. All disputes arising in connection with this Subscriber Agreement shall be finally settled under the Rules of Conciliation and
Arbitration of the International Chamber of Commerce (ICC) as modified as necessary to reflect the provisions herein by one or more arbitrators.
The place of arbitration shall be in New York or San Francisco, U.S.A., and the proceedings shall be conducted in English. In cases involving
a single arbiter, that single arbiter shall be appointed by mutual agreement of the parties. If the parties fail to agree to an arbiter within fifteen
(15) days, the ICC shall choose an arbiter knowledgeable in computer software law, information security and cryptography or otherwise having
special qualifications in the field, such as a lawyer, academician, or judge in common law jurisdiction. Nothing in this Subscriber Agreement
will be deemed as preventing either party from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over
the parities and the subject matter of this dispute as is necessary to protect either party"s name, proprietary information, trade secret, know-how,
or, or any other intellectual property rights.
21. Non-Assignment.
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to
obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement
voidable at Thawte"s option.
22. Notices.
You will make all notices, demands or requests to thawtewith respect to this Subscriber Agreement in writing to: Attn: General Counsel,
VeriSign, Inc., 487 E. Middlefield Road, Mountain View, CA 94043.
23. Entire Agreement.
This Subscriber Agreement, together with the thawteCPS, constitutes the entire understanding and agreement between thawteand you
with respect to the transactions contemplated, and supersedes any and all prior or contemporaneous oral or written representation, understanding,
agreement or communication between thawteand you concerning the subject matter hereof. Neither party is relying upon any warranties,
representations, assurances or inducements not expressly set forth herein. Section headings are inserted for convenience of reference only
and are not intended to be part of or to affect the meaning this Subscriber Agreement. Terms and conditions in any purchase orders that are
not included in this Subscriber Agreement or that conflict with this Subscriber Agreement are null and void.
THAWTE ROOT CERTIFICATE END USER LICENSE AGREEMENT
This Thawte Root Certificate End User License Agreement (the "Agreement") is entered into by and between Thawte (Pty) ltd., a South African Company, a wholly owned subsidiary of VeriSign, Inc. ("VeriSign"), having its principal place of business at 487 East Middlefield Road, Mountain View, California 94043, and you, the customer desiring to license the Thawte Root Certificates and its designated agent(s) acting on its behalf, including administrative contacts ("Licensee").
This Agreement is effective as of the date Licensee accepts the terms of this Agreement, downloads the Root Certificates, and/or commences use of the Root Certificates (the "Effective Date"). BY CLICKING "I ACCEPT" AT THE END OF THIS AGREEMENT, LICENSEE AGREES TO COMPLY WITH AND BE BOUND BY THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT CLICK "I ACCEPT" AT THE END OF THIS AGREEMENT AND DO NOT DOWNLOAD OR OTHERWISE USE THE ROOT CERTIFICATES.
Licensee and Thawte desire for: (i) Thawte to provide the Thawte Root Certificates to Licensee; and (ii) Licensee to include Thawte Root Certificates as roots in certain of Licensee's products for its own business use.
This Agreement explains Thawte's obligations to Licensee, and Licensee's obligations to Thawte in relation to the Thawte Root Certificates. Additionally, Licensee agrees that the administrative contact for any product or services provided to Licensee is Licensee's agent with full authority to act on Licensee's behalf with respect to such products or services, including the authority to terminate such services or purchase additional services.
1. DEFINITIONS.
As used in this Agreement, "Certificate" means a message that, at a minimum, states a name or identifies the entity issuing it ("Certificate Authority"), identifies the subscriber, contains the subscriber's public key, identifies the Certificate's operational period, and is digitally signed by the Certificate Authority; "Root Certificate" means a self-signed Certificate issued by a top-level Certificate Authority within the VeriSign Trust Network to itself, which includes such Certificate Authority's public key; and "Products" means all versions of the Licensee Product with which the Root Certificates are incorporated (including successor products or any major or minor upgrades thereto). The Root Certificates and Root Certificate files to be provided by Thawte to Licensee pursuant to this Agreement are listed on Schedule A attached hereto and incorporated herein by this reference.
2. LICENSE.
Subject to the terms hereunder, Thawte grants Licensee during the term of this Agreement a royalty-free, non-exclusive, non-transferable license to (a) use the Root Certificate for the purposes of testing (without the right to modify) and make copies of Root Certificates provided by Thawte in order to include them, unmodified and in full, as roots in Products; and (b) use the relevant logos and trademarks of Thawte during the term of this Agreement solely in Licensee's marketing materials, advertisements, product data sheets, product packaging, and Web sites in conjunction with the distribution of the Root Certificates included in Products and as approved by Thawte. Licensee shall not have the right to further distribute Products without an additional license grant in a separate writing from Thawte.
3. RESTRICTIONS.
Licensee shall not: (a) modify or create any derivative works of Root Certificates; (b) assign, sublicense, sell, rent, or lease Thawte's root keys or Root Certificates; (c) use such Root Certificates except as expressly permitted under this Agreement; (d) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels provided in the Root Certificates; or (e) certify, or cause a third party to certify, the public key contained in the Root Certificates by issuing or creating a Certificate containing such public key. If Thawte updates its Root Certificates, Thawte shall post the current Root Certificates on its corporate web site at the URL provided to Licensee for downloading the original Root Certificates. Licensee shall be responsible for periodically checking the Thawte web site at the applicable URL for updates to the Root Certificates. When Licensee becomes aware of updates, Licensee shall include the updated Root Certificates and discontinue all copying and use of the Root Certificates replaced by such updated Root Certificates. Inclusion of a Root Certificate in a Product may be accomplished by embedding the Root Certificate either within the Product or a patch or update to the Product
4. LICENSEE'S OBLIGATIONS.
4.1. Embedding Root Certificates in Products. To the extent Licensee incorporates the Root Certificates into its Products, Licensee shall include the most current Root Certificates from Thawte unmodified and in full as roots in Products during the term of this Agreement.
.
4.3 Root Key Compromise. In the event Licensee becomes aware of or suspects any unauthorized disclosure of, or loss or control over, sensitive information concerning Thawte's root private keys or any event that affects the integrity of Thawte's data or public key system ("Compromise"), Licensee shall immediately send notification to security@verisign.com of such Compromise. Licensee shall cooperate with Thawte and VeriSign to remedy the effects of any Compromise, including, without limitation, replacing Compromised Root Keys and providing notice to Licensee's clients of such Compromise and any remedies to address such Compromise.
4.4 Modification of Agreement. In the event that Thawte modifies the terms use of the Root Certificates for all end users, Thawte shall post the modified terms for the Agreement on the Thawte corporate web site. Licensee shall be responsible for periodically checking the Thawte web site at the applicable URL for modifications to the Agreement. Such modifications shall be effective and binding on Licensee within thirty (30) days of Thawte posting such modifications to its web site, unless Licensee contacts Thawte and terminates the Agreement.
5. CONFIDENTIALITY.
5.1. Confidential Information. "Confidential Information" means this Agreement, the root private keys corresponding to the public key in a Root Certificate, and any confidential, trade secret, or other proprietary information disclosed by one party to the other under this Agreement, except for information that: (i) is public knowledge at the time of disclosure, (ii) was known by the receiving party before disclosure by the disclosing party, or becomes public knowledge or otherwise known to the receiving party after such disclosure, other than by breach of a confidentiality obligation, or (iii) is independently developed by the receiving party by persons without access to Confidential Information of the disclosing party.
5.2. Protection of Confidential Information. The receiving party shall: (i) not disclose the Confidential Information to any third party, (ii) not use the Confidential Information except for purposes of performing this Agreement, and (iii) take steps consistent with its protection of its own confidential and proprietary information (but in no event exercise less than reasonable care) to prevent unauthorized disclosure of the Confidential Information. Each party acknowledges that breach of this Section 6 may cause irreparable harm to the disclosing party entitling the disclosing party to injunctive relief, among other remedies.
5.3. Mutual Cooperation. Each party will notify and cooperate with the other party in enforcing the disclosing party's rights if such party becomes aware of a threatened or actual violation of the confidentiality requirements of this Section 6. Each party shall have confidentiality agreements with its employees, agents or independent contractors sufficient in scope to fulfill its confidentiality obligations under this Agreement.
6. INTELLECTUAL PROPERTY.
Licensee acknowledges that Thawte retains all Thawte's intellectual property rights and title (including any patent, copyright, trademark, trade secret, and other rights) in and to the Root Certificates, the public and private keys corresponding to such Root Certificates ("Thawte Intellectual Property"). This Agreement does not give Licensee any intellectual property rights in the Thawte Intellectual Property except for the license granted in Section 1. To the extent Licensee uses Thawte's trademarks or logos as permitted herein, Licensee agrees to comply with all usage requirements set forth in the then current version of Thawte's Logo and Trademark Usage Guide and any other guides and procedures of Thawte. Thawte's logos and trademarks and the Logo and Trademark Usage guide, as updated periodically, are located at http://www.thawte.com/html/CORPORATE/logos.html. Licensee agrees to use reasonable efforts to access the updates.
7. NO WARRANTIES.
THE ROOT CERTIFICATES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. THAWTE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL THAWTE BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE WILL TAKE REASONABLE MEASURES TO INSURE THAT THE TERMS AND CONDITIONS SET FORTH IN THE PRECEDING SENTENCE OF THIS SECTION 8 ARE INCORPORATED INTO ANY AGREEMENT BETWEEN LICENSEE AND ITS CUSTOMERS OR LICENSEES. FURTHER, UNDER NO CIRCUMSTANCES WILL THAWTE's LIABILITY FOR ANY ACTION OR CLAIM EXCEED $1,000, REGARDLESS OF WHETHER SUCH ACTION OR CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
9. TERM AND TERMINATION.
9.1. Term. This Agreement shall become effective as of the Effective Date and shall remain in effect for one (1) year thereafter ("Original Term"). This Agreement shall be extended for an additional one (1) year term ("rootal Term") following the expiration of the Original Term or any rootal Term thereafter unless either party provides notice of non-rootal at least ninety (90) days prior to the end of the Original Term or any rootal Term.
9.2. Termination for Default/Insolvency. Either party shall be entitled to terminate this Agreement in the event of a failure by the other party to perform any of its material obligations under this Agreement if such breach is not cured within thirty (30) days after receipt of notice thereof from the non-defaulting party or within forty-eight (48) hours after receipt of such notice if a breach by Licensee may compromise the security of Thawte, the VeriSign Trust Network or other system. This Agreement shall terminate upon the election of and notice from a party to the other if the other party is adjudged insolvent or bankrupt, or the institution of any proceedings by or against the other party seeking relief, reorganization, or arrangement under any laws relating to insolvency, or any assignment for the benefit of creditors, or the appointment of a receiver, liquidator, or trustee of any of the other party's property or assets, or the liquidation, dissolution, or winding up of the other party's business.
9.3. Effect of Expiration or Termination. With respect to versions of Products made commercially available by Licensee after the expiration or termination of this Agreement, upon such expiration or termination, Licensee shall stop making copies of Root Certificates, shall stop including Root Certificates in Products, shall stop distributing Products containing Root Certificates, and shall stop using Thawte's logos and trademarks. The provisions of Sections 3, 4.3, 5, 6, 7, 8, 9.3, and 10 shall survive termination of this Agreement.
10. GENERAL.
10.1. Governing Laws. This Agreement shall be governed by the laws of the State of California, U.S.A. (irrespective of its choice of law principles). The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The parties agree that this Agreement is made and entered into in Santa Clara, California.
10.2. Binding Upon Successors; Assignment. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and assigns of the parties hereto. Notwithstanding the foregoing, neither party is entitled to assign its rights or obligations under this Agreement without the other party's prior written consent, which consent will not be unreasonably withheld or delayed. Any such purported assignment of this Agreement without obtaining written consent shall be void and of no effect.
10.3. Severability; Enforcement; No Waiver. The unenforceability of any provision or provisions of this Agreement shall not impair the enforceability of any other part of this Agreement. If any provision of this Agreement shall be deemed invalid or unenforceable, in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not be deemed a waiver and shall not affect its right to enforce any provision of this Agreement at a subsequent time.
10.4. Entire Agreement; Amendments; Waivers. This Agreement constitutes the entire understanding and agreement of the parties, whether written or oral, with respect to the subject matter hereof and supersede all prior and contemporaneous agreements or understandings between the parties. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by writing signed by the parties to be bound thereby.
10.5. Export Compliance and Foreign Reshipment Liability. This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of software, hardware, or technical information, which may be imposed from time to time by the government of the United States of America. Regardless of any disclosure made by Licensee to THAWTE of an ultimate destination of the software, hardware, or technical information and, notwithstanding anything contained in this Agreement to the contrary, Licensee will not modify, export, or reexport, either directly or indirectly, any software, hardware, or technical information, or portions thereof, without first obtaining any and all necessary licenses from the United States government or agencies or any other country for which such government or any agency thereof requires an export license or other governmental approval at the time of modification, export, or reexport.
10.6. Notices. Any notice, demand, or request to Thawte with respect to this Agreement shall be in writing and shall be effective on the date received (unless the notice specifies a later date) only if it is sent by a courier service that confirms delivery in writing, or if sent by certified or registered mail, postage prepaid, return receipt requested, addressed as follows:
THAWTE: To the address set forth at the beginning of this Agreement
Attention: General Counsel
Thawte may post notices and updates regarding the Agreement or the Root Certificates at the URL provided to Licensee
for the Root Certificates. Licensee shall be responsible for periodically checking the Thawte web site at the applicable URL for
notices from Thawte regarding the Agreement or the Root Certificates. No notices, demands, or requests to Thawte with respect
to this Agreement may be delivered by electronic mail. Licensee shall immediately notify Thawte of any legal notices served
on them that might affect Thawte, and shall promptly forward the original or a copy of such notice to Thawte in terms of Clause 10.6. 10.7.
Independent Parties. The relationship of Thawte and Licensee is that of independent contractors. Neither party nor their
employees, consultants, contractors, or agents are agents, employees, or joint venturers of the other party, nor do they
have any authority to bind the other party by contract or otherwise to any obligation.
Thawte SSL Certificate Subscriber Agreement
YOU MUST READ THIS SUBSCRIBER AGREEMENT ("SUBSCRIBER AGREEMENT") BEFORE APPLYING
FOR, ACCEPTING, OR USING A THAWTE SSL WEB SERVER, SGC SUPERCERT, OR SSL123
CERTIFICATE (COLLECTIVELY A "CERTIFICATE"). IF YOU DO NOT AGREE TO THE TERMS OF
THIS SUBSCRIBER AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE CERTIFICATE. BY
CLICKING "ACCEPT" BELOW OR BY ACCEPTING OR USING A CERTIFICATE, YOU AGREE TO
BECOME A PARTY TO, AND BE BOUND BY, THE TERMS OF THIS AGREEMENT. BY CLICKING "DECLINE"
BELOW, YOU INDICATE THAT YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND
WILL NOT BE A THAWTE SUBSCRIBER.
ALL REFERENCES TO "THAWTE" IN THIS SUBSCRIBER AGREEMENT SHALL MEAN THAWTE, INC.
UNLESS YOU (ON BEHALF OF YOUR ORGANIZATION) ARE LOCATED IN THE REPUBLIC OF SOUTH
AFRICA, THE REPUBLIC OF NAMIBIA, THE KINGDOM OF LESOTHO, OR THE KINGDOM OF
SWAZILAND, IN WHICH CASE ALL REFERENCES TO "THAWTE" HEREIN SHALL MEAN THAWTE
CONSULTING (PTY) LTD.
IF YOU ARE THE CUSTOMER OF A WEB HOST (AS DEFINED HEREIN), YOU REPRESENT AND
WARRANT THAT YOUR WEB HOST IS AUTHORIZED TO APPLY FOR, ACCEPT, INSTALL, MAINTAIN
AND, IF NECESSARY, INITIATE REVOCATION OF, THE CERTIFICATE ON YOUR BEHALF. YOU
MUST ALSO READ AND AGREE TO THIS SUBSCRIBER AGREEMENT BEFORE ACCEPTING OR USING
A CERTIFICATE. BY ALLOWING YOUR WEB HOST TO USE THE CERTIFICATE, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS SUBSCRIBER AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, CONTACT THAWTE IMMEDIATELY AT
THE TELEPHONE NUMBER SET FORTH IN SECTION 24 BELOW AND THAWTE WILL REVOKE THE
CERTIFICATE.
IF YOU ARE A WEB HOST AND ARE ACTING AS THE AUTHORIZED REPRESENTATIVE OF A
CUSTOMER IN APPLYING FOR A CERTIFICATE, YOU REPRESENT AND WARRANT AS SET FORTH
IN SECTION 8.3. IF YOU ARE A WEB HOST AND ARE APPLYING FOR YOUR OWN CERTIFICATE,
THIS SUBSCRIBER AGREEMENT APPLIES TO YOU IN ITS ENTIRETY, EXCEPT FOR SECTION
8.3.
1. Definitions. The capitalized terms used in this Agreement shall have the
following meanings unless otherwise specified and any reference to the singular
includes the plural and vice versa.
"Authenticate" or "Authentication" shall mean the actions a CA takes to confirm
that (i) the Subscriber is entitled to use the domain name listed in the
Certificate Application, if a domain name is listed in such Certificate
Application, (ii) the Subscriber's organization does in fact exist, (iii) the
Subscriber's organization has authorized the Certificate Application, and (iv)
the person submitting the Certificate Application on behalf of the Subscriber is
authorized to do so.
"Certification Authority" ("CA") shall mean Thawte or any other Thawte
authorized entity, authorized to issue, manage, revoke, and renew Certificates
in the Thawte PKI.
"Certificate Applicant" is an individual or organization that requests the
issuance of a Certificate by a CA, provided, however, that when a Web Host acts
on behalf of its customer through the Thawte Reseller portal, such customer
shall be deemed the Certificate Applicant.
"Certificate Application" is a request from a Certificate Applicant (or
authorized agent of the Certificate Applicant) to a CA for the issuance of a
Certificate.
"Common Name" ("CN") means a domain name when used in High Assurance
certificates (e.g. www.domainname.com).
"Compromise" shall mean a loss, theft, disclosure, modification, unauthorized
use, or other compromise of the security of a private key.
"Derivative Work" shall have the meaning set forth in Section 10.
"Device" shall mean any hardware appliance or software application, such as a
server load balancer or SSL accelerator, that routes electronic data from one
point to other single or multiple point(s) on a network.
"Domain" shall mean a domain name, host name or IP address assigned to a server
and/or Device, accessible from the Internet (publicly facing), and owned by the
Subscriber of a Thawte SSL Web Server, SuperCert, or SSL123 certificate.
"High Assurance Certificates" shall mean Thawte SSL Web Server or SGC SuperCert
certificates that require an organization to provide assurances of the
organization???s identity based on a confirmation that the Subscriber
organization does in fact exist, that the organization has authorized the
Certificate Application, and that the person submitting the Certificate
Application on behalf of the Subscriber was authorized to do so.
"Intranet Server" shall mean a Device that is not accessible via the Internet
and contains either an internal server name or an internal IP address that falls
within the following IP address range (10.0.0.0-10.255.255.255;
172.16.0.0-172.31.255.255 or 192.168.0.0-192.168.255.255).
"Licensing Option" shall mean the service option that grants a Subscriber the
right to use a Certificate on one physical Device and obtain additional
Certificate licenses for each physical server that each Device manages, or where
replicated Certificates may otherwise reside. This option may not be available
to you.
"Medium Assurance Certificates" shall mean Thawte certificates that require an
organization to provide assurances that the Subscriber???s domain is listed with
a bona fide domain registrar (unless issued to an Intranet Server) and require
entities to provide assurance of the right to request a Certificate for the
Subscriber domain.
"Registration Authority" ("RA") shall mean an individual and/or entity approved
by a CA to perform Authentication, assist Subscribers in applying for
Certificates, and to approve or reject Certificate Applications, revoke
Certificates, or renew Certificates.
"Relying Party" shall mean an individual or organization that acts in reliance
on a Certificate and/or a digital signature.
"Relying Party Agreement" shall mean an agreement used by a Certification
Authority setting forth the terms and conditions under which an individual or
organization acts as a Relying Party, such as the Thawte Relying Party
Agreements that are published in the Repository.
"Repository" shall mean the collection of documents located at the link for the
repository which may be accessed from the homepage of the website from which you
applied for your Certificate.
"SGC SuperCerts" shall mean a High Assurance Certificate used to support SSL
sessions between web browsers and web servers (including Devices) that are
encrypted using strong cryptographic protection consistent with applicable
export laws.
"SSL123" shall mean a Medium Assurance Certificate used to support SSL sessions
between web browsers and web servers.
"SSL Web Server Wildcard Certificate" is a unique form of SSL Web Server
Certificate containing an asterisk ("*") in the left-most element of the
certificate's Common Name, with each asterisk representing a sub-domain. Within
that leftmost element, text may exist to the left of the * but not to the right
of it.
"Seal" shall mean an electronic image featuring a Thawte mark. When displayed by
you on your website, the image indicates to a website visitor that you have
purchased Thawte services and when such visitor clicks the image, a splash page
is displayed which indicates to the visitor which Thawte services you have
purchased and whether that service is still active.
"Secure Sockets Layer" ("SSL") shall mean an industry-standard method for
protecting Web communications developed by Netscape Communications Corporation.
The SSL security protocol provides data encryption, server authentication,
message integrity, and optional client authentication for a Transmission
Control/Internet Protocol connection.
"Server" shall mean a computer or device on a network that manages network
resources, including but not limited to a Web, e-mail, file or application
server.
"Server Gated Cryptography" ("SGC") shall mean that cryptography that allows
users with an export version browser to temporarily step-up to 128-bit SSL
encryption if they visit a website with an SGC-compatible SSL certificate.
"Subject" is the holder of a private key corresponding to a public key. A
Subject is assigned an unambiguous name, which is bound to the public key
contained in the Subject's Certificate.
"Subscriber" is an organization that owns the equipment or Device that is the
Subject of, and that has been issued a Certificate. A Subscriber is capable of
using, and is authorized to use, the private key that corresponds to the public
key listed in the Certificate; provided, however, that an entity acting as a Web
Host that submits a Certificate Application on behalf of its customer and
manages the lifecycle processes of such customer's Certificate is not the
Subscriber and the Web Host's customer is the actual Subscriber and is
ultimately responsible for the Subscriber's obligations under the appropriate
Subscriber Agreement.
"Thawte CPS" shall mean the Thawte Certification Practice Statement, as amended
from time to time, which may be accessed from the Repository.
"Thawte Intellectual Property Rights" shall have the meaning set forth in
Section 10.
"Thawte PKI" shall mean the Thawte public key infrastructure that provides
Certificates for individuals and organizations.
"Web Host" shall mean an entity hosting the website of another, such as an
Internet Service Provider, a systems integrator, a reseller, a technical
consultant, an application service provider, or similar entity.
2. Description of the Certificate. This Section sets forth the terms and
conditions regarding your application for a Certificate and, if Thawte and/or
the RA accepts your Certificate Application, the terms and conditions regarding
your use of the Certificate to be issued by Thawte to you as the "Subscriber" of
that Certificate. A "Certificate" is a digitally signed message that contains an
organization's public key and associates it with information Authenticated by
Thawte or a Thawte-authorized entity. Certificates provided under this
Subscriber Agreement are issued within the Thawte PKI.
The following applies to Thawte SSL Web Server, SSL Web Server Wildcard, and SGC
SuperCert Certificates only: The Certificate for which you have applied on
behalf of your organization is a High Assurance Certificate within the Thawte
PKI. High Assurance Certificates are issued to Devices to provide
authentication; message, software, and content integrity; and confidentiality
encryption. High Assurance Certificates provide assurances of the identity of
the Subscriber based on a confirmation that the Subscriber organization does in
fact exist, that the organization has authorized the Certificate Application,
and that the person submitting the Certificate Application on behalf of the
Subscriber was authorized to do so. The Certificate also provides assurances
that the Subscriber is entitled to use the domain name listed in the Certificate
Application, if a domain name is listed in such Certificate Application.
This Section applies to Thawte SSL123 Certificates only: The Certificate for
which you have applied on behalf of your organization is a Medium Assurance
Certificate within the Thawte PKI. Medium Assurance Certificates are issued to
Devices to provide validation of the domain (unless issued to an Intranet
Server); message, software, and content integrity; and confidentiality
encryption. Furthermore, Medium Assurance Certificates provide assurances of the
validity of the domain (unless issued to an Intranet Server) and that the domain
administrator has authorized the Certificate Application. No organization
authentication is performed on the owner of the domain.
3. Processing the Certificate Application & Re-Issues. Upon Thawte's receipt of
the necessary payment and upon completion of Authentication procedures required
for the Certificate you have purchased, Thawte will process your Certificate
Application, and Thawte will notify you whether your Certificate Application is
approved or rejected. If your Certificate Application is approved, Thawte will
issue you a Certificate for your use in accordance with this Subscriber
Agreement. After you pick up or otherwise install your Certificate, you must
review the information in it before using it and promptly notify Thawte of any
errors. Upon receipt of such notice, Thawte may revoke your Certificate and
issue you a corrected Certificate. Further, Thawte recognizes that, from time to
time, you may need to re-issue your Certificate. Thawte shall re-issue your
Certificate in accordance with its re-issue policy located in the Thawte CPS and
at www.thawte.com/reissue.
4. Use Restrictions. You are prohibited from using your Certificate (i) for or
on behalf of any other organization; (ii) to perform private or public key
operations in connection with any Domain and/or organization name other than the
one submitted by you on your Certificate Application; (iii) on more than one
physical server or Device at a time, unless you have purchased additional
licenses that permit the use of a Certificate on multiple Devices ("Licensing
Option");and (iv) for use as control equipment in hazardous circumstances or for
uses requiring fail-safe performance such as the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control
systems, or weapons control systems, where failure could lead directly to death,
personal injury, or severe environmental damage. If you have selected the
Licensing Option, you acknowledge and agree that: (v) this option can result in
increased security risks to your network and that Thawte expressly disclaims any
liability for breaches of security that result from the distribution of a single
key across multiple Devices; and (vi) you may not use the Certificate on more
than five (5) Devices. THAWTE CONSIDERS THE UNLICENSED USE OF A CERTIFICATE ON A
DEVICE THAT RESIDES ABOVE A SERVER OR SERVER FARM SOFTWARE PIRACY AND WILL
PURSUE VIOLATORS TO THE FULLEST EXTENT OF THE LAW. If you choose to display the
Thawte Trusted Site Seal, you must install and display such Seal only in
accordance with the Conditions of Use of the Thawte Trusted Site Seal located in
the Repository.
5. Revocation. If you discover or have reason to believe there has been a
Compromise of your private key or the activation data protecting such private
key, or the information within the Certificate is incorrect or has changed, or
if your organizational name and/or Domain registration has changed, you must
immediately notify Thawte and request revocation of the Certificate and you must
notify any person that may reasonably be expected by you to rely on or to
provide services in support of the Certificate or a digital signature verifiable
with reference to the Certificate. Thawte retains the right to revoke your
Certificate if, within forty-five (45) days of receiving an invoice from Thawte,
you do not pay the invoice. Thawte retains the right to revoke your Certificate
at any time without notice if (i) Thawte discovers that the information within
your Certificate is no longer valid; (ii) you fail to perform your obligations
under the terms of this Subscriber Agreement; or (iii) in Thawte's sole
discretion, you have engaged in activities which Thawte determines are harmful
to the Thawte PKI.
6. Obligations Upon Revocation or Expiration. Upon expiration or notice of
revocation of your Certificate, you shall permanently remove your Certificate
from the Device on which it is installed and shall not use it for any purpose
thereafter and, if you have installed a Seal and have not purchased other Thawte
services that would permit you to post the Seal, you shall remove such Seal from
your Web site.
7. Third-Party Service Providers. If you are purchasing a service from Thawte
that includes one or more services provided by a third party, Thawte may
disclose your Certificate Application and enrollment information to these third
party service providers and they may contact you directly regarding their
services. You hereby agree to Thawte's disclosure of your Certificate
Application and enrollment information to these third party service providers
and agree that they may contact you directly regarding their services. For
further information on processing of personal data, please see Thawte's Privacy
Statement. Unless otherwise stated herein, any terms and conditions for these
products shall be provided to you directly by the third party service provider.
Thawte disclaims any and all warranties, refuses any and all liability, and
shall not provide partial refunds for any service provided by a third party.
8. Representations and Warranties.
8.1 Thawte Representations and Warranties. Thawte represents and warrants to you
that (i) there are no errors introduced by Thawte in your Certificate
information as a result of Thawte's failure to use reasonable care in creating
the Certificate; (ii) your Certificate complies in all material respects with
the Thawte CPS; and (iii) Thawte's revocation services and use of the Repository
conform to the Thawte CPS in all material aspects.
8.2 Your Representations and Warranties. You represent and warrant to Thawte and
anyone who relies on your Certificate that (i) all the information you provide
and all the representations you make to Thawte in your Certificate Application
are accurate; (ii) you will inform Thawte if the information you provided and
all the representations you made to Thawte in your Certificate Application
changed or is no longer valid; (iii) no Certificate information you provided
(including your e-mail address) infringes the intellectual property rights of
any third parties; (iv) the Certificate Application information you provided
(including your email address) has not been and will not be used for any
unlawful purpose; (v) you have been (since the time of its creation) and will
remain the only person possessing your private key and no unauthorized person
has had or will have access to your private key; (vi) you have been (since the
time of its creation) and will remain the only person possessing any challenge
phrase, PIN, software, or hardware mechanism protecting your private key and no
unauthorized person has had or will have access to the same; (vii) you will use
your Certificate exclusively for authorized and legal purposes consistent with
this Subscriber Agreement; (viii) you will use your Certificate as an end-user
Subscriber and not as a Certification Authority issuing Certificates,
certification revocation lists, or otherwise; (ix) each digital signature
created using your private key is your digital signature, and the Certificate
has been accepted and is operational (not expired or revoked) at the time the
digital signature is created; and (x) you manifest assent to this Subscriber
Agreement as a condition of obtaining a Certificate; and (xi) you will not
monitor, interfere with, or reverse engineer (save to the extent that you can
not be prohibited from so doing under applicable law) the technical
implementation of the Thawte PKI, except with the prior written approval from
Thawte, and shall not otherwise intentionally compromise the security of the
Thawte PKI. You further represent and warrant that you have sufficient
information to make an informed decision as to the extent to which you choose to
rely on the information in a digital certificate issued within the Thawte PKI,
that you are solely responsible for deciding whether or not to rely on such
information, and that you shall bear the legal consequences of your failure to
perform any obligations you might have as a Relying Party under the applicable
Relying Party Agreement.
8.3 Web Host Representations and Warranties. Web Host represents and warrants to
Thawte and anyone who relies on its customer's Certificate that (i) it has the
authority of its customer to enter into this Subscriber Agreement on its
customer's behalf and to bind its customer to the terms and conditions of this
Subscriber Agreement; (ii) it shall procure its customer's compliance with the
terms and conditions of this Subscriber Agreement; (iii) any customer
information it includes in the Certificate Application shall be the exact
information provided to it by such customer; (iv) any of its information in the
Certificate Application is accurate and true; (v) no Certificate information it
provided (including e-mail address) infringes the intellectual property rights
of any third parties; (vi) it has been (since the time of such key's creation)
and will remain the only person possessing its customer's private key and any
challenge phrase, PIN, software, or hardware mechanism protecting its private
key and no unauthorized person has had or will have access to such private key;
(vii) it will use its customer's Certificate as set forth hereunder; (viii) it
will use its customer's Certificate as a Subscriber and not as a Certification
Authority issuing Certificates, certification revocation lists, or otherwise;
(ix) each digital signature created using its customer's private key is its
customer's digital signature, and the Certificate has been accepted and is
operational (not expired or revoked) at the time the digital signature is
created; and (x) it will not monitor, interfere with, or reverse engineer (save
to the extent that it can not be prohibited from so doing under applicable law)
the technical implementation of the Thawte PKI, except with the prior written
approval from Thawte, and shall not otherwise intentionally compromise the
security of the Thawte PKI. Web Host further represents and warrants that it has
sufficient information to make an informed decision as to the extent to which it
chooses to rely on the information in a digital certificate issued within the
Thawte PKI, that it is solely responsible for deciding whether or not to rely on
such information, and that it shall bear the legal consequences of its failure
to perform any obligations it might have as a Relying Party under the applicable
Relying Party Agreement.
9. Fees, Payments and Term of Service. As consideration for the Certificate and
associated services you have purchased, you agree to pay Thawte the applicable
service(s) fees set forth on our Web site at the time of your selection, or, if
applicable, upon receipt of your invoice from Thawte. All fees are due
immediately and are non-refundable, except as otherwise expressly noted below in
this Subscriber Agreement. Any renewal of your services with Thawte is subject
to our then current terms and conditions, including, but not limited to,
successful completion of any applicable authentication procedure, and payment of
all applicable service fees at the time of renewal. Thawte will provide you
notice prior to the renewal of your services at least thirty (30) days in
advance of the renewal date. You are solely responsible for the credit card
information you provide to Thawte and must promptly inform Thawte of any changes
thereto (e.g., change of expiration date or account number). In addition, you
are solely responsible for ensuring the services are renewed. Thawte shall have
no liability to you or any third party in connection with the renewal as
described herein, including, but not limited to, any failure or errors in
renewing the services. You agree to pay all value added, sales and other taxes
(other than taxes based on Thawte's income) related to Thawte services or
payments made by you hereunder. Set up fees, if any, will become payable on the
applicable effective date for the applicable Thawte services. You are
responsible for notifying Thawte of the need to purchase additional Certificates
with the Licensing Option described herein. All sums due and payable that remain
unpaid after any applicable cure period herein will accrue interest as a late
charge of 1.5% per month or the maximum amount allowed by law, whichever is
less. This Section does not apply to you if you have purchased your Certificate
from a Web Host.
10. Ownership. Except as otherwise set forth herein, all right, title and
interest in and to all, (i) registered and unregistered trademarks, service
marks and logos; (ii) patents, patent applications, and patentable ideas,
inventions, and/or improvements; (iii) trade secrets, proprietary information,
and know-how; (iv) all divisions, continuations, reissues, renewals, and
extensions thereof now existing or hereafter filed, issued, or acquired; (v)
registered and unregistered copyrights including, without limitation, any forms,
images, audiovisual displays, text, software; and (vi) all other intellectual
property, proprietary rights or other rights related to intangible property
which are used, developed, comprising, embodied in, or practiced in connection
with any of the Thawte services identified herein ("Thawte Intellectual Property
Rights") are owned by Thawte or its licensors, and you agree to make no claim of
interest in or ownership of any such Thawte Intellectual Property Rights. You
acknowledge that no title to the Thawte Intellectual Property Rights is
transferred to you, and that you do not obtain any rights, express or implied,
in the Thawte or its licensors' service, other than the rights expressly granted
in this Subscriber Agreement. To the extent that you create any Derivative Work
(any work that is based upon one or more preexisting versions of a work provided
to you, such as an enhancement or modification, revision, translation,
abridgement, condensation, expansion, collection, compilation or any other form
in which such preexisting works may be recast, transformed or adapted) such
Derivative Work shall be owned by Thawte and all right, title and interest in
and to each such Derivative Work shall automatically vest in Thawte. Thawte
shall have no obligation to grant you any right in any such Derivative Work. You
may not reverse engineer, disassemble or decompile the Thawte Intellectual
Property or make any attempt to obtain source code to the Thawte Intellectual
Property(save to the extent that you can not be prohibited from so doing under
applicable law). You have the right to use the Certificate under the terms and
conditions of this Subscriber Agreement.
11. Modifications to Subscriber Agreement. Except as otherwise provided in this
Subscriber Agreement, you agree, during the term of this Subscriber Agreement,
that Thawte may: (i) revise the terms and conditions of this Subscriber
Agreement; and/or (ii) change part of the services provided under this
Subscriber Agreement at any time. Any such revision or change will be binding
and effective thirty (30) days after posting of the revised Subscriber Agreement
or change to the service(s) on Thawte's Web sites, or upon notification to you
by e-mail. You agree to periodically review Thawte's Web sites, including the
current version of this Subscriber Agreement available on Thawte's Web sites, to
be aware of any such revisions. If you do not agree with any revision to the
Subscriber Agreement, you may terminate this Subscriber Agreement at any time by
providing Thawte with notice. Notice of your termination will be effective on
receipt and processing by Thawte. Any fees paid by you if you terminate this
Subscriber Agreement are nonrefundable. By continuing to use Thawte services
after any revision to this Subscriber Agreement or change in service(s), you
agree to abide by and be bound by any such revisions or changes. Thawte is not
bound by nor should you rely on any representation by (i) any agent,
representative or employee of any third party that you may use to apply for
Thawte's services; or in (ii) information posted on our Web site of a general
informational nature. No employee, contractor, agent or representative of Thawte
is authorized to alter or amend the terms and conditions of this Subscriber
Agreement.
12. Privacy. Thawte may place in your Certificate certain information that you
provide for inclusion in your Certificate. Thawte may also (i) publish your
Certificate and information about its status in Thawte's repository of
Certificate information and make this information available to other
repositories and (ii) use such information for the purposes set out in this
Subscriber Agreement and in the Thawte Privacy Statement, which can be found on
Thawte???s web site. If you are a Web Host acting on behalf of a customer, you
warrant that you have all necessary rights (including consents) to provide
customer information to Thawte under this Agreement and in accordance with the
Thawte Privacy Statement. You are aware that Thawte may transfer the information
you provide in your Certificate Application to Thawte, Inc. in the United States
for processing of your Certificate, which by some jurisdictions may be deemed to
have inadequate data protection regulations. You hereby agree that Thawte may
take each of the actions specified in this Section. For further information on
processing of personal data, please our Privacy Statement.
13. Refund Policy. If you cancel your purchase before the Certificate has been
issued, Thawte will refund you any amount paid, less an administration fee of
ten percent (10%). If you cancel your purchase after your Certificate has been
issued, Thawte, in its sole discretion, may provide a full refund of the fees
paid to Thawte if (i) Thawte has breached a warranty or other material
obligation under this Subscriber Agreement; or (ii) your cancellation arises
from an error on Thawte???s systems where Thawte is not able to rectify the
problem. Alternatively, you may choose to receive a new Certificate at no
additional charge. Thawte recognizes that, from time to time, you may need to
reissue your Certificate. Thawte will reissue certificates in accordance with
its reissue policy located at https://www.thawte.com/reissue or the Thawte CPS.
14. Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF THAWTE'S SERVICE(S) IS
SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS
IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER
AGREEMENT. THAWTE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES,
GUARANTEES, TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE
REPRESENTATIONS AND WARRANTIES AS SET FORTH IN SECTION 8, THAWTE DOES NOT MAKE
ANY REPRESENTATION, WARRANTY, GUARANTEE, TERM, OR CONDITION THAT ANY SERVICE
WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE; NOR DOES THAWTE MAKE ANY REPRESENTATION, WARRANTY,
GUARANTEE, TERM OR CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THAWTE'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THAWTE'S SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THAWTE IS NOT RESPONSIBLE FOR AND SHALL
HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU
FROM A THIRD PARTY.
15. Indemnity. You agree to release, indemnify, defend and hold harmless Thawte
and any of its contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from all liabilities, claims, damages,
costs and expenses, including reasonable attorney's fees and expenses, of third
parties relating to or arising out of (i) this Subscriber Agreement or the
breach of your warranties, representations and obligations under this Subscriber
Agreement, (ii) falsehoods or misrepresentations of fact by you on the
Certificate Application, (iii) any infringement of an intellectual property or
other proprietary right of any person or entity arising from any information or
content provided by you, (iv) failure to disclose a material fact on the
Certificate Application if the misrepresentation or omission was made
negligently or with intent to deceive any party, or (v) failure to protect the
private key, or use a trustworthy system, or to take the precautions necessary
to prevent the compromise, loss, disclosure, modification or unauthorized use of
the private key under the terms of this Subscriber Agreement. When Thawte is
threatened with suit or sued by a third party, Thawte may seek written
assurances from you concerning your promise to indemnify Thawte, your failure to
provide those assurances may be considered by Thawte to be a material breach of
this Subscriber Agreement. Thawte shall have the right to participate in any
defense by you of a third-party claim related to your use of any Thawte
services, with counsel of Thawte's choice at your own expense. You shall have
sole responsibility to defend Thawte against any claim, but you must receive the
prior written consent of Thawte regarding any related settlement. The terms of
this Section 15 will survive any termination or cancellation of this Subscriber
Agreement. As a Relying Party, you further agree to release, indemnify, defend
and hold harmless Thawte and any of its contractors, agents, employees,
officers, directors, shareholders, affiliates and assigns from all liabilities,
claims, damages, costs and expenses, including reasonable attorney's fees and
expenses, of third parties relating to or arising out of (i) your failure to
perform the obligations of a Relying Party as set forth in the applicable
Relying Party Agreement; (ii) your reliance on a certificate that is not
reasonable under the circumstances; or (iii) your failure to check the status of
such certificate to determine whether the certificate is expired or revoked.
16. Limitations of Liability. THIS SECTION 16 APPLIES TO LIABILITY UNDER
CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE AND/OR
STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU
INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATING TO
SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, THAWTE SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS,
CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL
LOSS. THAWTE'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY
FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO
TWO TIMES THE AMOUNT PAID FOR THE CERTIFICATE. THE LIABILITY LIMITATIONS
PROVIDED IN THIS SECTION 16 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF
DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. TO THE
EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY
LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Force Majeure. Except for payment and indemnity obligations hereunder,
neither party shall be deemed in default hereunder, nor shall it hold the other
party responsible for, any cessation, interruption or delay in the performance
of its obligations hereunder due to earthquake, flood, fire, storm, natural
disaster, act of God, war, armed conflict, terrorist action, labor strike,
lockout, boycott or other matter outside its reasonable control, provided that
the party relying upon this Section 17 shall (i) have given the other party
prompt written notice thereof and (ii) take all steps reasonably necessary to
mitigate the effects of the force majeure event; provided further, that in the
event a force majeure event described in this Section 17 extends for a period in
excess of thirty (30) days in aggregate, the other party may immediately
terminate this Subscriber Agreement.
18. Export. You acknowledge and agree that you shall not import, export, or
re-export directly or indirectly, any commodity, including your Certificate, to
any country in violation of the laws and regulations of any applicable
jurisdiction. This restriction expressly includes, but is not limited to, the
export regulations of the United States of America (the "United States").
Specifically, you shall not download or otherwise export or re-export any
Certificate into or to (i) a national or resident of Cuba, Iran, Sudan, North
Korea, or Syria or any other country where such use is prohibited under United
States export regulations, or (ii) to anyone on the United States Treasury
Department's list of Specially Designated Nationals or the United States
Commerce Department's Table of Denial Orders. You agree to the foregoing and
represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list. WITH RESPECT TO
THAWTE SGC SUPERCERT CERTIFICATES, THAWTE IS REQUIRED BY LAW TO REPORT TO THE
UNITED STATES GOVERNMENT YOUR COMPANY NAME AND ADDRESS IF YOU ARE A NON-UNITED
STATES OR CANADA ENTITY OR INDIVIDUAL PURCHASING THE CERTIFICATE. IN THE EVENT
YOU EXPORT A CERTIFICATE TO A NON-UNITED STATES OR CANADA ENTITY OR INDIVIDUAL,
YOU AGREE TO PROVIDE THAWTE WITH THE INFORMATION THAWTE NEEDS IN ORDER TO REPORT
SUCH EXPORTS TO THE UNITED STATES GOVERNMENT.
19. Severability. You agree that the terms of this Subscriber Agreement are
severable. If any term or provision is declared invalid or unenforceable, in
whole or in part, that term or provision will not affect the remainder of this
Subscriber Agreement; this Subscriber Agreement will be deemed amended to the
extent necessary to make this Subscriber Agreement enforceable, valid and, to
the maximum extent possible consistent with applicable law, consistent with the
original intentions of the parties; and the remaining terms and provisions will
remain in full force and effect.
20. Governing Law. The parties agree that any disputes related to the services
provided under this Subscriber Agreement shall be governed in all respects by
and construed in accordance with the laws of the State of California, United
States of America, excluding its conflict of laws rules. The parties agree that
the United Nations Convention on Contracts for the International Sale of Goods
shall not apply to this Subscriber Agreement.
21. Dispute Resolution. To the extent permitted by law, before you may invoke
any dispute resolution mechanism with respect to a dispute involving any aspect
of this Subscriber Agreement, you shall notify Thawte, and any other party to
the dispute for the purpose of seeking dispute resolution. If the dispute is not
resolved within sixty (60) days after the initial notice, then a party may
invoke formal legal proceedings. All suits to enforce any provision of this
Subscriber Agreement or arising in connection with this Agreement shall be
brought in the United States District Court for the Northern District of
California or the Superior or Municipal Court in and for the County of Santa
Clara, California, U.S.A. The parties agree that such courts shall have
exclusive in personam jurisdiction and venue and the parties submit to the
exclusive in personam jurisdiction and venue of such courts. The parties further
waive any right to a jury trial regarding any action brought in connection with
this Subscriber Agreement.
22. Intentionally Left Blank
23. Non-Assignment. Except as otherwise set forth herein, your rights under this
Agreement are not assignable or transferable. Any attempt by your creditors to
obtain an interest in your rights under this Agreement, whether by attachment,
levy, garnishment or otherwise, renders this Agreement voidable at Thawte's
option.
24. Notices and Communications. You will make all notices, demands or requests
to Thawte with respect to this Subscriber Agreement in writing to the "Contact"
address listed on the website from where you purchased your Certificate, with a
copy to: General Counsel - Thawte, 487 E. Middlefield Road, Mountain View,
California, USA 94043. References to telephone numbers above shall mean
1-650-426-3400.
25. Entire Agreement. This Subscriber Agreement, the Conditions of Use of the
Thawte Trusted Site Seal (if you choose to display a Seal), and if you are a Web
Host, your Web Host agreement with Thawte, constitute the entire understanding
and agreement between Thawte and you with respect to the transactions
contemplated, and supersedes any and all prior or contemporaneous oral or
written representation, understanding, agreement or communication between Thawte
and you concerning the subject matter hereof. Neither party is relying upon any
warranties, representations, assurances or inducements not expressly set forth
herein. Section headings are inserted for convenience of reference only and are
not intended to be part of or to affect the meaning this Subscriber Agreement.
Terms and conditions in any purchase orders that are not included in this
Subscriber Agreement or that conflict with this Subscriber Agreement are null
and void.
Thawte SSL Certificate Subscriber Agreement Version 3.0
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