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Thawte SSL 123 Wildcard - 1 Year
You must read this THAWTE SSL Certificate Subscriber Agreement ("AGREEMENT") before applying for, accepting, or using a THAWTE SSL Web Server, SSL Web Server with Extended Validation, SGC SuperCERT, SSL123, OR any other SSL certificate obtained from THAWTE’s Certification Center (each, a "CERTIFICate"). If you do not agree to the terms of this agreement, please DO NOT apply for, accept, or use the certificate. By clicking "Accept" below or by accepting or using a certificate, you agree to be bound by these terms.
All references to "THAWTE", in this agreement, shall mean THAWTE Inc. Unless you (on behalf of your organization) are located in the Republika de Sud America, Republika de Namiba, Kingdom of Lesotho, or Kingdom Of Swazaland, all references to "THAWTE", herein, shall mean SYMANTEC LTD.
If you are a customer of a reseller (as defined herein), you represent and warrant that your resell is authorized to apply for, accept, install, maintain, renew, and, if necessary, revoke the certificate on your behalf. By allowing your RESELLER to use your CERTIFICATE you agree to be bound by the terms of this agreement. If you do not agree to these terms, contact THAWTE immediately at the telephone number set forth in Section 24 below. THAWTE will revoke your certificate.
If you are a reseller and acting as the authorized representative of a customer in applying for a certificate, then you represent and warrant according to Sections 8.2 and 8.3. If you are a reseller and applying for your own certificate or if you're applying for a shared hosting security service certificate, this agreement applies to you in its entirety, except Section 8.3.
"Certification Authority", or "CA", is an entity that has the authority to issue, suspend or revoke certificates. CA is Thawte for the purposes of this Agreement.
"Certificate Request" is a request made to an AC for the issuance a certificate.
The "Certification Practices Statement" (CPS) is a document that, when updated, represents a statement about the practices an CA uses to issue Certificates. Thawte's CPS is published at https://www.thawte.com/repository/.
Devices are any hardware appliance, software application or other network-based technology that can route electronic data between multiple or single points.
Intellectual Property Rights includes all rights to intangible properties, whether now or later known, including but not limited, to copyrights (registered and unregistered), trade names, trademarks, corporate names, inventions and patents. It also includes software, know-how, and other intellectual property rights.
The "Licensed Certificate option" is the service that allows a Subscriber to use one Certificate per physical device, and purchase additional Licenses for each server where the device is located or replicated certificates may be stored. This option may be unavailable to you.
"Relying party" is an individual or organisation that relies on a certificate and/or digital signature.
A "Relying Party Agreement", also known as an agreement, is a document used by CAs to set out the conditions and terms under which an organization or individual acts as a Relying Party. An example of this would be the Thawte Relying Party Agreement that was published in the Repository.
The "Repository" is the collection of documents that can be found at the link to the repository, which can be accessed via the homepage of the site from which you requested your Certificate.
A "Reseller", is an internet service provider (ISP), a systems integrator (SI), a web host (webhosting service), a technical advisor, an application service providers, or any other entity which obtains certificates for resale.
The term "Subscriber", refers to a person or organization that owns or has rights to the device in question, has received a Certificate and is able to use and authorized to utilize the private key which corresponds to public key specified on the Certificate.
Thawte PKI is the Certificate-based Public Key Infrastructure governed by Thawte's certificate policies. It allows Thawte and its affiliates to deploy and use Certificates worldwide by their customers, subscribers, and relying parties.
The "Thawte seal" is an electronic image featuring the Thawte logo, which, when displayed on your website, indicates that you've purchased Thawte services. When clicked, it indicates which Thawte services you've purchased and whether they are active.
This applies only to Thawte SSL Web Servers, SSL Web Servers With Extended Validation (EV), SSL Web Server Wildcard, and SGC SuperCert Certificates: The Certificate that you have requested on behalf of the organization is a High Assurance Certificate in the Thawte PKI. Devices receive High Assurance Certificates for authentication, message integrity, software integrity, content integrity, and confidentiality encryption. High Assurance Certificates confirm the identity of a Subscriber based upon confirmation of the existence of the Subscriber's organization, the authorization of the Certificate Application by the organization, and the authority of the person submitting a Certificate Application for the Subscriber. The Certificate provides assurances to the Subscriber that he is authorized to use the domain listed in the Certificate Application if one is included. Thawte authenticates your Certificate if you have requested an Extended Validation Certificate. This applies only to Medium Assurance Certificate Medium Assurance Certificate The domain owner is
Thawte You must check the Thawte Thawte Thawte shall re-issue your Certificate in accordance with its re-issue policy located in the Thawte CPS at https://www.thawte.com/repository/.
8.1 Thaw Thawte
You Representations You warrant and represent You represent and warrant
8.3 Reseller In addition to section
As consideration for the Certificate you have purchased, you shall pay Thawte the applicable service fees set forth on our website at the time of your selection, or, if applicable, upon receipt of an invoice from Thawte. All fees are due immediately and are non-refundable, except as otherwise stated below. All taxes, duties, fees and other governmental charges of any kind (including sales, services, use, and value-added taxes, but excluding taxes based on the net income of Thawte) which are imposed by or under the authority of any government on the service fees charged herein shall be borne by you and shall not be considered a part of, a deduction from or an offset against such service fees. All payments due to Thawte shall be made without any deduction or withholding on account of any tax, duty, charge, penalty, or otherwise except as required by law in which case the sum payable by you in respect of which such deduction or withholding is to be made shall be increased to the extent necessary to ensure that, after making such deduction or withholding, Thawte receives and retains (free from any liability in respect thereof) a net sum equal to the sum it would have received but for such deduction or withholding being required. This section does not apply to you if you purchased your Certificate from a Reseller.
If you are not completely satisfied with the Certificate issued to you for any reason, you must request, within thirty (30) days of Certificate issuance, that Thawte revoke the Certificate and provide you with a refund. Following the initial 30-day period, you are entitled to a refund only if Thawte has breached a warranty or other material obligation under this Agreement. This Section does not apply to you if you have purchased your Certificate from a Reseller.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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