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Thawte SSL Web Server Multi-Domain Wildcard - 1 Year
Thawte SSL Certificate Subscriber Agreement.
Before applying, accepting, or using any SSL cert from ThAWTE's Certificate Center ("THAWTE SSL CERTIFICATE SUBSCRIBER AGREEMENT"; that is to say any certificate from either our SSL WEB SERVERS with Extended Validation Validity SGC SUPERCERT SSL123 or otherwise (each being known as "THAWTE CERTIFICATE"), its Subscriber Agreement must first be reviewed. If it doesn't suit, don't apply; and by clicking "ACCEPT" below or accepting/using said certificates you agreeing that these TERMS become part and are bound by these conditions of the Agreement and these TERMS in Full.
All references to "THAWTE" in this Agreement shall refer to Thawate Inc, except if your organization resides within South Africa, Namibia, Lesotho or Swaziland; then all "ThawaTE" references would refer instead to SYMANTEC Ltd.
As the customer of a reseller (as defined here), you represent and warrant that this RESELLER has your permission to apply for, accept, install, maintain, renew and, if necessary revoke a Certificate on your behalf. By authorizing them to do so you abide by these terms of agreement; should any discrepancies arise please call ThAWTE immediately using their telephone number listed under SECTION 24 and they will revoke it accordingly.
When applying as the authorized representative of another customer in applying for a certificate, resellers represent and warrant according to Section 8.2. If applying on your own or applying for shared hosting security service certificates this agreement applies fully and completely, except Section 8.3.
1. Definition. "Certification Authority," or CA for short, refers to any entity authorized to issue, suspend and/or revoke certificates issued through Thawte. For this Agreement's purposes the term will refer exclusively to Thawte as CA.
"Certificate Application" refers to any request sent directly to a Certificate Authority for issuing of an official Certificate.
"Certification Practice Statement," or CPS, refers to an evolving document which details how CAs issue certificates.
Devices refers to any physical appliance or software application - like server load balancers and SSL accelerators - which transmit electronic data between multiple points on a network.
Intellectual Property Rights ("IPRs") refers to any and all existing or potential intangible property rights associated with intangible assets; including registered and unregistered United States and foreign copyrights, trade dress rights, trade names, corporate logos and invention patent applications (both registered and unregistered), software licensing agreements (which might include know-how rights), proprietary software rights as well as any and all forms of proprietary ownership including software patent applications).
"Licensed Certificate Option" refers to a service option which grants its subscribers permission to install Certificates on one physical device while receiving additional licenses for every physical server that each device manages or where replicated Certificates may reside. Please be aware this may not be available in all instances.
An individual or organization acting upon an issued Certificate and/or digital signature.
"Relying Party Agreement" refers to an agreement used by CAs that sets forth the terms and conditions under which an individual or organization acts as Relying Partie, such as Thawte Relying Party Agreement published in Repository.
"Repository" refers to a collection of documents accessible via an external link from the homepage of the website from which you applied for your Certificate.
"Reseller" refers to any entity such as an ISP, systems integrator, web host provider, technical consultant or application service provider who obtains Certificates to resell.
"Subscriber" refers to any person, organization or entity who owns, has access or rights over an item for which a Certificate was issued; is capable of using and authorized to utilize its associated private key listed as listed on said Certificate;
"Thawte PKI" refers to a certificate-based public key infrastructure operated and controlled by Thawte under its certificate policies that allows worldwide deployment and usage of certificates by Thawte, its affiliates, their customers/subscribers/relying parties etc.
"Thawte Seal" refers to an electronic image featuring the Thawte mark that, when displayed by you on your website, indicates you have purchased one or more Thawte services; when clicked upon it displays which services have been purchased and whether they are active.
2. Certificate Description. Thawte SSL Web Server, SSL Web Server With Extended Validation, Wildcard Server Certificate and SGC SuperCert Certificates all fall within our High Assurance Certificate program. High Assurance Certificates are granted to devices to ensure authentication; message, software and content integrity as well as confidentiality encryption. High Assurance Certificates offer greater assurances regarding the identity of subscribers by verifying that the Subscriber organization exists, has authorized its Certificate Application submission and authorized the person submitting it on behalf of that Subscriber to do so. Certificates provide subscribers with assurances that they have permission to utilize any domain names listed in a Certificate Application, should one exist. Thawte will authenticate an Extended Validation Certificate according to their guidelines for authenticating it. Thawte SSL123 Certificates require medium assurance within Thawte PKI for application and are therefore issued under that category of certificate. Medium Assurance certificates are distributed to devices to validate domains (except when issued to intranet servers); message, software and content integrity and confidentiality encryption. Medium Assurance Certificates provide assurances of domain ownership (unless issued to an intranet server) and that its administrator authorized its Certificate Application; no organizational authentication process takes place with regards to ownership.
3. Processing Your Certificate Application. When Thawte receives payment and completes authentication procedures required by your Certificate choice, Thawte will begin processing it as an Application. Thawte will issue you a Certificate for use under this Agreement once they approve your Certificate Application. When collecting or installing it, carefully read through it for any errors and promptly inform Thawte of them immediately. Thawte can revoke and issue you a revised Certificate upon receiving such notification, in accordance with their Re-Issue Policy as documented within their CPS at Thawte.
4. Explore Restrictions. If you choose the Licensed Certificate Option, you recognize and acknowledge its potential to increase security risks to your network, with Thawte disclaiming any liability in regard to breaches caused by sharing one key across multiple devices. Thawte considers any unlicensed use of certificates on devices residing above servers or server farms to be acts of Piracy, and will pursue those violating them to the fullest extent of the law. If you decide to display Thawte Seal, do so only according to our Conditions of Use of Thawte Seal published within Repository.
5. Revocation. If you discover or suspect there has been any breach in the security or integrity of the Thawte PKI due to compromised private keys or incorrect or altered Certificate information; your organization name/domain name registration details have changed; or there has been any other change which affects its validation, you must immediately inform Thawte. Thawte reserves the right to revoke it at any time without prior warning if: (i) Thawte discovers information within it is no longer valid; or failing to fulfill obligations under this Agreement or (iiiiiiiiiiiiiiiiiiiiiiiiiiiii) Thawte determines in its sole discretion that continued use may compromise security or integrity of Thawte PKI system. Additionally Thawte may revoke it due non payment as well.
6. Obligations upon Expiration or Revocation. Upon notice of expiration or revocation, any Certificate installed shall be permanently uninstalled from all devices where it was previously installed, and not used again for any purpose afterward. Furthermore, any Thawte Seal that had been attached must also be taken down from websites as soon as the Certificate has been removed permanently from use.
7. Length of Service. This Agreement shall remain in place until either your Certificate has expired or it has been cancelled prior to expiration or earlier withdrawal.
8. Representations and Warranties.
Thawte represents and warrants as follows. (i) No errors were introduced into Certificate information due to failure by Thawte to exercise reasonable care when creating it; (ii) Thawte issued certificates will meet their Certificate Policy Standard (CPS); (iii) Thawte Revocation services conform with its CPS in every material respect;
8.2 Your Representations and Warranties. Your represent and warrant that you possess enough information to make an informed decision as to the degree to which you rely on digital certificates issued within Thawte PKI; further, that decision rests solely within you alone; any legal consequences from failing to perform your obligations as Relying Partie are your sole responsibility and liability under applicable Relying Party Agreements are solely yours as Relying Partys.
8.3 Reseller Representations and Warranties. Pursuant to section 8.2, Reseller represents and warrants to Thawte and Relying Parties that (i) it has received authorization from its customer to enter this Agreement on their behalf; (ii) that it shall abide by and ensure compliance by their customer with this Agreement.
9. Fees and Payment Terms. In consideration for purchasing the Certificate from Thawte, the appropriate service fees as set out on our website when making your selection or upon receiving an invoice from us shall be collected as payment in full from you at that time or later on when invoicing occurs. All fees are payable immediately and non-refundable except in cases stated below. Your financial obligations for taxes, duties, fees or governmental charges of any sort (such as sales, services use and value added tax but excluding net income-based taxes levied against Thawte service fees charged here) imposed or collected under any government are your sole responsibility and do not represent part of these service fees or can act as deductions against them. All payments due to Thawte shall be made without deduction or withholding for taxes, duties, charges or penalties except where required by law in which case your sum payable to be withheld shall be increased to ensure Thawte receives and retains (free from liability in relation to it) an equal sum as it would have received had there not been deduction or withholding requirements in force. Please be aware this section doesn't apply if your Certificate was purchased through an Authorised Reseller.
10. Refund Policy. If for any reason the Certificate issued to you does not fulfill its promise in terms of satisfaction, within thirty (30) days after certificate issuance you should contact Thawte and request that it revoke it and offer you a refund. Following that 30-day period refunds can only be granted in circumstances in which Thawte breaches an agreed warranty or material obligation of this Agreement; this section does not apply if your Certificate was purchased through an Authorised Reseller.
11. Proprietary Rights. You acknowledge that Thawte and its licensors retain all Intellectual Property Rights and title in and to all of their confidential information or other proprietary information, products, services, and the ideas, concepts, techniques, inventions, processes, software or works of authorship developed, embodied in, or practiced in connection with the services provided by Thawte hereunder, including without limitation all modifications, enhancements, derivative works, configurations, translations, upgrades, and interfaces thereto (all of the foregoing, "Thawte Works"). The Thawte Works do not include your pre-existing hardware, software, or networks. Except as otherwise expressly provided herein, nothing in this Agreement shall create any right of ownership or license in and to the other party's Intellectual Property Rights, and each party shall continue to independently own and maintain its Intellectual Property Rights.
12. Modifications to Subscriber Agreement. Thawte may: (i) revise the terms of this Agreement; and/or (ii) change part of the services provided herein at any time. Any such change will be binding and effective thirty (30) days after publication of the change on Thawte's websites, or upon notification to you by e-mail. If you do not agree with the change, you may terminate this Agreement at any time by notifying Thawte and requesting a partial refund of fees paid, prorated from the date of termination to the end of the service period. By continuing to use Thawte services after such change, you agree to abide by and be bound thereby.
13. Privacy. You agree to the use of your data and information in accordance with the following: Thawte will treat and process the data you provide in your Certificate Application in accordance with the privacy statement specific to these Services ("Thawte Privacy Statement" or "Privacy Statement"), as amended from time to time and accessible from the home page of the website from which you enrolled for your Certificate. You agree and consent that Thawte may place in your Certificate and Thawte Seal information that you provide in your Certificate Application. Thawte may also: (i) publish your Certificate, Seal, and information contained therein in the Repository and other third-party sites; and (ii) use such information for the purposes set out in this Agreement and in the Thawte Privacy Statement. If you are a Reseller acting on behalf of a customer, you warrant that you have all necessary rights (including consents) to provide your customer information to Thawte. You are aware that Thawte will process and/or transfer the information you provide in your Certificate Application in the United States and in other jurisdictions where Thawte maintains a presence. For further information on processing of customer data, please see our applicable Privacy Statement.
14. Disclaimers of Warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES CONTAINED IN SECTION 8, THAWTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION OF CUSTOMER REQUIREMENTS, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. 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.
15. Indemnity. You agree to indemnify, defend and hold harmless Thawte, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from (i) the breach of any of your warranties, representations and obligations under this Agreement, (ii) any falsehoods or misrepresentations of fact you make on the Certificate Application, (iii) any infringement of an Intellectual Property Right of any person or entity in 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 Agreement. Thawte shall promptly notify you of any such claim, and you shall bear full responsibility for the defense of such claim (including any settlements); provided however, that (a) you keep Thawte informed of, and consult with Thawte in connection with the progress of such litigation or settlement; (b) you shall not have any right, without Thawte's written consent, which consent shall not be unreasonably withheld, to settle any such claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgement of, any liability or wrongdoing (whether in contract, tort, or otherwise) on the part of Thawte, or requires any specific performance or non-pecuniary remedy by Thawte; and (c) Thawte shall have the right to participate in the defense of a claim with counsel of its choice at its own expense. The terms of this Section 15 will survive any termination of this Agreement. As a Relying Party, you agree to indemnify, defend and hold harmless Thawte, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from: (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 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. IN THE EVENT OF ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING UNDER THIS 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 (2) TIMES THE AMOUNTS 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. NOTWITHSTANDING THE FOREGOING, THAWTE'S LIABIILTY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM THAWTE'S NEGLIGENCE OR WITH RESPECT TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Force Majeure. 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 (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of such party, provided that the party relying upon this Section 17: (i) gives prompt written notice thereof; and (ii) takes all steps reasonably necessary to mitigate the effects of the force majeure event; provided further, that in the event a force majeure event extends for a period in excess of thirty (30) days in the aggregate, either party may immediately terminate this Agreement upon written notice.
18. Compliance with Law, Export Requirements, and Foreign Reshipment Liability. Both parties shall comply with all applicable federal, state and local laws, regulations, and export requirements in connection with their obligations under this Agreement. Without limiting the generality of the foregoing, each party agrees to comply with all export requirements ("Export Control"). Regardless of any disclosure you make to Thawte of an ultimate destination of any Certificates, software, hardware, or technical data (or portions thereof) supplied by Thawte ("Thawte Technology") and, notwithstanding anything contained in this Agreement to the contrary, you will not: (i) modify, export, or re-export, either directly or indirectly, any Thawte Technology to any destination restricted or prohibited by Export Control, without first obtaining any and all necessary licenses from the United States government or any other country that imposes Export Control; (ii) provide Thawte Technology to any proscribed party on the United States Treasury Department's Office of Foreign Asset Control list of "specially designated nationals and blocked persons", the United States Commerce Department's "denied parties list", the United States Commerce Departments "BIS Entity List" or such other applicable lists; or (iii) export or re-export Thawte Technology, directly or indirectly, for nuclear, missile, or chemical/biological weaponry end uses prohibited by Export Control. Thawte shall have the right to suspend performance of any of its obligations under this Agreement, without any prior notice being required and without any liability to you, if you fail to comply with this provision.
19. Severability. If any provision of this Agreement should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not, in any way, be affected or impaired thereby.
20. Governing Law. This Agreement and any disputes relating to the services provided hereunder shall be governed and interpreted according to each of the following laws, respectively, without regard to its conflicts of law provisions: (a) the laws of the State of California, if you are located in North America or Latin America; or (b) the law of England, if you are located in Europe, Middle East or Africa; or (c) the laws of Singapore, if you are located in Asia Pacific including Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
21. Dispute Resolution. When possible by law, prior to initiating either legal proceedings or administrative claims regarding any aspect of this Agreement that gives rise to dispute, both you and Thawte shall attempt in good faith to reach a business solution through discussion between ourselves. If such discussions fail within sixty (60) days after initial notice was given then either party can proceed according to applicable laws as specified here.
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23. Assignment. Without Thawte's prior express written approval and without unreasonable delay or withholdage thereof, no assignment of rights granted hereunder or this Agreement may take place, whether by operation of contract, law or other. This restriction shall apply whether they be made through operation of contract, law or any other method.
24. Notices and Communications. Any notice, demand or request you make to Thawte in relation to this Agreement should be delivered in writing via the "Contact" address listed on the website from which you purchased a Certificate, along with a copy addressed to General Counsel - Legal Department at Thawte Inc, 350 Ellis Street Mountain View California 94043 USA (94043) and telephone numbers are equivalent to 1-650-527-8000 numbers in California only.
25. Entire Agreement. This Agreement, including its Conditions of Use if you decide to display a Thawte Seal and, for Resellers, their Reseller Agreement with Thawte are the complete understanding and agreement between Thawte and you with regard to transactions contemplated, superseding any prior or contemporaneous oral or written representation, understanding agreement or communication pertaining thereto. Purchase orders that conflict with or are in addition to this Agreement will not be honored or validly executed by either party.
26. Third Party Beneficiary Rights. You hereby recognize Microsoft Inc as an express third-party beneficiary to this Agreement and all obligations contained therein.
Thawte SSL Certificate Subscriber Agreement Version 6.0 (August 2010).
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Thawte SSL Certificate Subscriber Agreement.
Befor applying, accepting or using any SSL CERTIFICATE OBTAINED FROM THAWTE's Certificate Center ("CERTIFICATE") you should read and accept this Agreement ("AGREEMENT"). By clicking "ACCEPT" below or accepting or using a Certificate from Thawte you become part of its Terms - whether by accepting, accepting or using it!
References in this Agreement to "THAWTE" mean Thawatel Inc, except where applicable to you as representing an organization located within South Africa, Namibia, Lesotho or Swaziland; wherein all references shall mean SYMANTEC Ltd.
As the customer of a reseller (as defined here), you represent and warrant that this reseller is legally entitled to apply for, accept, install, maintain, renew and, if necessary revoke your certificate on your behalf. By authorizing them to do so you are agreeing to be bound by these Terms; should any issues arise immediately contact THAWTE via the telephone number given in SECTION 24 so THAWTE may revoke it and cancel your certificate immediately.
IF YOU ARE A RESELLER AND ACTING AS THE AUTHORIZED REPRESENTATIVE OF A CUSTOMER WHEN APPLYING FOR A CERTIFICATE, THEN THE REPRESENTATION AND WARRANTIES DECLARED IN SECTIONS 8.2 and 8.3 WILL APPLY. HOWEVER if You Are Applying Directly Or Sub-Contracting For HOSTING SECURITY SERVICES THEN THIS AGREEMENT DOES NOT EFFECT You EXcept for SECT 8.3.
1. Definition. A "Certification Authority," or CA, refers to any organization authorized to issue, suspend, and revoke Certificates - in this Agreement Thawte will serve as CA.
"Certificate Application" refers to any request sent directly to an approved CA for the issuance of a Certificate.
"Certification Practice Statement," or CPS, refers to an ever-evolving document outlining how CAs issue certificates and renew them.
"Devices" refers to any physical appliance or software application - such as server load balancers or SSL accelerators - used to route electronic data between one point on a network and any number of others across that same network.
Intellectual Property Rights encompass all known or to become known rights associated with intangible assets, and include registered and unregistered rights pertaining to United States and foreign copyrights, trade dress rights, corporate name registration rights, logo designs and invention patent applications; invention patent applications; software; know-how rights (of every sort and nature worldwide and however designated).
"Licensed Certificate Option" refers to a service offering which grants Subscribers permission to utilize one certificate on one physical device while also purchasing additional Certificate licenses for every server managed or replicated certificate that may reside. Please be aware this option may not be available in all instances.
"Relying Party" refers to individuals or organizations which rely upon Certificates and digital signatures when taking actions requiring trustworthiness or authenticity.
"Relying Party Agreement" refers to an agreement used by CAs that sets forth the terms and conditions under which individuals or organizations act as Relying Parties; for example, Thawte Relying Party Agreement published in Repository.
"Repository" refers to the collection of documents located at a link from which can be reached from the homepage of your Certificate application site.
"Reseller" refers to an Internet Service Provider (ISP), System Integrator, Web Host, Technical Consultant or App Service Provider which purchases Certificates with intent for reselling purposes.
"Subscriber" refers to any person, organization, or entity who owns, manages, or has access to a device which was subject of, and received an issue certificate; and is capable of using and has authorization from their authority provider in regards to using its private key that corresponds with public keys listed within that Certificate issued at issue.
Thawte PKI refers to a public key infrastructure built from certificates issued under Thawte certificate policies that allows worldwide deployment and usage of certificates by Thawte, its affiliates, their customers/subscribers/relying parties and Relying Parties.
"Thawte Seal" refers to an electronic image featuring the Thawte mark that, when displayed by you on your website, indicates you have purchased one or more Thawte services and when clicked upon can provide further detail of which services have been purchased and whether these have become active.
2. Description of the Certificate. Thawte SSL Web Server, SSL Web Server With Extended Validation, Wildcard Server Certificate and SGC SuperCert Certificates fall within our High Assurance Certificate portfolio within Thawte PKI. High Assurance Certificates are given out to devices in order to facilitate authentication; message, software and content integrity verification and encryption for confidentiality encryption purposes. High Assurance Certificates offer assurances of identity for Subscriber organizations by verifying whether their organization exists and has authorized the Certificate Application submitted on behalf of that Subscriber organization by an authorised individual. Certificates also serve to assure subscribers they can use any domain names listed in a Certificate Application without restrictions or obligations attached thereto. Thawte will verify your Extended Validation Certificate according to its guidelines for authentication. Thawte SSL123 Certificates only: Your organization has applied for an Medium Assurance certificate within Thawte PKI. Medium Assurance Certificates are issued to devices to verify domain (unless it's for an intranet server); message integrity ( software and content ); and provide confidentiality encryption for information transmitted over networks. Medium Assurance Certificates provide additional guarantees of domain validity (excluding intranet servers ) and that its administrator approved of submitting the Certificate Application; no organization authentication process takes place when issuing these certificates.
3. Processing Your Certificate Application. Upon Thawte receiving payment and completion of authentication processes required for your certificate selection, they will start processing it as soon as they can. Thawte will issue your Certificate if your Certificate Application is approved; once received or installed you should review its contents thoroughly and report any discrepancies immediately to Thawte. Thawte may revoke and replace your Certificate upon receiving such notification, in accordance with their Certificate Re-issue Policy located within their Customer Protection Service at Thawte.com
4. Apply Restrictions. If you opt for the Licensed Certificate Option, you acknowledge and accept that this may increase security risks to your network and Thawte disclaims any liability for breaches in security that arise due to sharing a single key across multiple devices. Thawte considers unlicensed use of certificates on devices located above servers or server farms an act of theft and will pursue violators to the full extent of the law. If you choose to display the Thawte Seal, installation and display must comply with its Conditions of Use published within Repository.
5. Revocation. If you discover or suspect any breach to the security or integrity of Thawte PKI due to compromised private keys or incorrect/changed Certificate information; organization name changes; domain name registration changes, etc, etc then immediately inform Thawte. Thawte has the right at any time without warning, without prior warning, to revoke your Certificate based upon these factors: (i) Thawte discovers invalid/out-dated Certificate information; (ii) You fail to fulfill obligations under terms of this Agreement or (iiiiiiiiiiiiiiii) Thawte has determined in its sole discretion that continued usage may compromise either security/integrity/integrity/etc of Thawte PKI. Finally Thawte may also revoke it due nonpayment (inc).
6. Obligations upon Expiration or Revocation. Upon expiration or notice of revocation of your Certificate, its contents should be permanently deleted from all devices where it was installed, and never used again in any capacity thereafter. If a Thawte Seal had been associated with that Certificate prior to its cancellation or withdrawal from service, its removal must also occur promptly from websites hosted under that revoked Certificate.
7. Duration of Service. This Agreement shall remain in place until either your Certificate has expired or has been terminated earlier.
8. Representations and Warranties.
Thawte Representations and Warranties. Thawte represents and warrants that: (i) its Certificate information contains no errors introduced due to failure by Thawte to exercise reasonable care when creating it; (ii) Thawte shall comply in all material respects with their Certificate Policy Statement; and (iii) their Revocation services/use of Repository comply in every significant respect with their Certificate Policy Statements.
8.2 Your Representations and Warranties. As further proof, you hereby represent and warrant that you possess enough information to make an informed decision as to the degree to which you rely upon a digital certificate issued through Thawte PKI; you alone bear responsibility for choosing whether or not to rely on such data, with legal implications being your sole responsibility should any obligations be breached under an applicable Relying Party Agreement.
8.3 Reseller Representations and Warranties. In accordance with Section 8.2, Reseller warrants and represents to Thawte and Relying Parties that: (i) it has obtained authorization from its customer to enter this Agreement on behalf of or bind them; and (ii) that they shall comply with and ensure their customer complies with this Agreement.
9. Fees and Payment Terms. As consideration for purchasing the Certificate you selected on our website, or upon receiving an invoice from Thawte, you shall pay Thawte the applicable service fees listed thereon at the time of selecting or shortly thereafter as detailed by Thawte at its respective service fees list on its site. All fees are payable immediately and non-refundable except where otherwise noted below. Any taxes, duties, fees and governmental charges of any sort (such as sales, services use or value-added taxes imposed by or under authority of any government on service fees charged here shall be your sole responsibility and should not be seen as part of, deducted from, offset against such service fees or considered part thereof. Thawte requires that payments to them should be made without deduction or withholding for taxes, duties, charges or penalties unless specifically required by law, in which case such deduction or withholding shall increase to ensure Thawte receives and keeps (without incurring liability in relation to it) an equivalent net sum as would have been received without such deduction or withholding being necessary. Please be aware this section doesn't apply if your Certificate was purchased through a Reseller.
10. Refund Policy. If for any reason the Certificate you were issued leaves you feeling dissatisfied, within thirty (30) days from Certificate issuance you should request that Thawte cancel it and issue you a refund. Following that initial period you are only entitled to such compensation if Thawte breaches one or more warranties or material obligations of this Agreement; this section does not apply if your Certificate was purchased through a reseller.
11. Proprietary Rights. Thawte and its licensors retain all Intellectual Property Rights and title to any confidential information or other proprietary products or services they create or develop that they incorporate into or practice through Thawte services, including but not limited to modifications, enhancements, derivative works configuration translation upgrades and interfaces (collectively referred to hereunder as the "Thawte Works"). Thawte Works do not cover your existing hardware, software, or networks. Nothing in this Agreement shall confer ownership or license rights over another party's intellectual property rights; each party shall continue independently owning and protecting their own IP rights.
12. Modifications to Subscriber Agreement. Thawte reserves the right, at its own discretion, to alter this Subscriber Agreement at any time by revising and/or amending its terms; and/or making adjustments to some or all services provided herein. Any such amendment or alteration shall take effect thirty (30) days following publication on Thawte websites, or via notification sent directly to you via e-mail. If any such revision or amendment does not meet with your approval, you may terminate it by notifying Thawte immediately by notifying and asking for prorated refund of fees paid prior to such amendment; by continuing using Thawte services after any such amendment takes effect, you agreeing to be bound by and adhere to it and its consequences.
13. Privacy. 13. Privacy. Your data and information will be used in accordance with the following: Thawte will process any personal data you submit in your Certificate Application in accordance with their specific privacy statement (called Thawte Privacy Statement or simply Statement), which can be found by accessing the home page of the website where you enrolled for your Certificate. Thawte may include information that you provide in your Certificate Application in its Certificate and Thawte Seal certificates and seals. Thawte may publish your Certificate, Seal and the information included therein on third-party sites including its Repository; while using such data for purposes set out by both this Agreement and Thawte Privacy Statement. Resellers acting on behalf of customers warrant they possess all required rights (and obtain appropriate consents) before providing customer information to Thawte. Thawte will process and/or transfer any personal data provided during your Certificate Application to various locations where we maintain presence, such as in the US and elsewhere. For more details about processing customer data please review our applicable Privacy Statements.
14. Disclaimers of Warranties. EXCEPT FOR THE LIMITED EXPRESS WARRANTIES CONTAINED IN SECTION 8, THA WTE disclaims any other express, implied, statutory and trade usage warranties including (but not limited to) warranties pertaining to merchantability, fitness for purpose, customer requirements satisfaction or non-infringement arising out of performance, dealing or trade usage; to the extent certain jurisdictions prohibit exclusionary clauses for certain representations warranties or guarantees some or all of THAWTE exclusionary clauses may not apply directly.
15. Indemnity. You agree to indemnify, defend and hold harmless Thawte, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from (i) the breach of any of your warranties, representations and obligations under this Agreement, (ii) any falsehoods or misrepresentations of fact you make on the Certificate Application, (iii) any infringement of an Intellectual Property Right of any person or entity in 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 Agreement. Thawte shall promptly notify you of any such claim, and you shall bear full responsibility for the defense of such claim (including any settlements); provided however, that (a) you keep Thawte informed of, and consult with Thawte in connection with the progress of such litigation or settlement; (b) you shall not have any right, without Thawte's written consent, which consent shall not be unreasonably withheld, to settle any such claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgement of, any liability or wrongdoing (whether in contract, tort, or otherwise) on the part of Thawte, or requires any specific performance or non-pecuniary remedy by Thawte; and (c) Thawte shall have the right to participate in the defense of a claim with counsel of its choice at its own expense. The terms of this Section 15 will survive any termination of this Agreement. As a Relying Party, you agree to indemnify, defend and hold harmless Thawte, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party claims, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from: (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 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. IN THE EVENT OF ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING UNDER THIS 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 (2) TIMES THE AMOUNTS 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. NOTWITHSTANDING THE FOREGOING, THAWTE'S LIABIILTY SHALL NOT BE LIMITED UNDER THIS SECTION 16 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM THAWTE'S NEGLIGENCE OR WITH RESPECT TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO THE EXTENT JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Force Majeure. 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 (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of such party, provided that the party relying upon this Section 17: (i) gives prompt written notice thereof; and (ii) takes all steps reasonably necessary to mitigate the effects of the force majeure event; provided further, that in the event a force majeure event extends for a period in excess of thirty (30) days in the aggregate, either party may immediately terminate this Agreement upon written notice.
18. Compliance with Law, Export Requirements, and Foreign Reshipment Liability. Both parties shall comply with all applicable federal, state and local laws, regulations, and export requirements in connection with their obligations under this Agreement. Without limiting the generality of the foregoing, each party agrees to comply with all export requirements ("Export Control"). Regardless of any disclosure you make to Thawte of an ultimate destination of any Certificates, software, hardware, or technical data (or portions thereof) supplied by Thawte ("Thawte Technology") and, notwithstanding anything contained in this Agreement to the contrary, you will not: (i) modify, export, or re-export, either directly or indirectly, any Thawte Technology to any destination restricted or prohibited by Export Control, without first obtaining any and all necessary licenses from the United States government or any other country that imposes Export Control; (ii) provide Thawte Technology to any proscribed party on the United States Treasury Department's Office of Foreign Asset Control list of "specially designated nationals and blocked persons", the United States Commerce Department's "denied parties list", the United States Commerce Departments "BIS Entity List" or such other applicable lists; or (iii) export or re-export Thawte Technology, directly or indirectly, for nuclear, missile, or chemical/biological weaponry end uses prohibited by Export Control. Thawte shall have the right to suspend performance of any of its obligations under this Agreement, without any prior notice being required and without any liability to you, if you fail to comply with this provision.
19. Severability. If any provision of this Agreement should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not, in any way, be affected or impaired thereby.
20. Governing Law. This Agreement and any disputes relating to the services provided hereunder shall be governed and interpreted according to each of the following laws, respectively, without regard to its conflicts of law provisions: (a) the laws of the State of California, if you are located in North America or Latin America; or (b) the law of England, if you are located in Europe, Middle East or Africa; or (c) the laws of Singapore, if you are located in Asia Pacific including Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
21. Dispute Resolution. To the extent permitted by law, before you file suit or initiate an administrative claim with respect to a dispute involving any aspect of this Agreement, you shall notify Thawte, and any other party to the dispute for the purpose of seeking a business resolution. Both you and Thawte shall make good faith efforts to resolve such dispute via business discussions. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed as permitted under applicable law as specified under this Agreement.
22. Intentionally Left Blank
23. Assignment. You may not assign the rights granted hereunder or this Agreement, in whole or in part and whether by operation of contract, law or otherwise, without Thawte's prior express written consent. Such consent shall not be unreasonably withheld or delayed.
24. Notices and Communications. You will make all notices, demands or requests to Thawte with respect to this Agreement in writing to the "Contact" address listed on the website from where you purchased your Certificate, with a copy to: General Counsel - Legal Department, Thawte, Inc., 350 Ellis Street, Mountain View, California, USA 94043. References to telephone numbers above shall mean 1-650-527-8000.
25. Entire Agreement. This Agreement, the Conditions of Use (if you choose to display a Thawte Seal), and if you are a Reseller, your Reseller 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 relating thereto. Terms and conditions in any purchase orders that are not included in or that conflict with this Agreement are null and void.
26. Third Party Beneficiary Rights. You agree that Microsoft, Inc. shall be an express third party beneficiary of the obligations contained in this Agreement.
Thawte SSL Certificate Subscriber Agreement Version 6.0 (August 2010)
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