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Thawte Web Server EV - 1 Year
Thawte SSL Certificate Subscriber Agreement.
Before applying, accepting, or using any SSL CERTIFICATE OBTAINED FROM THE THAWTE SSL CERTIFICATE CENTER ("THAWTE") such as its WEB SERVERS with extended validations (SWESWEXVs), SGC SUPERCERTs or SSL123 certs ("THAWTE SSL CERTIFICATE(s), etc") you should carefully read through and accept this Agreement ("AGREEMENT"). If any part of it conflicts with what you believe are important terms to adhere to please don't apply, accept or use these certificates (known collectively "THAWTE SSL certs). By either accepting an accepting or using an accepting/using THAWTE certificate issued through their Center you agreeing to become bound by these terms by clicking below "ACCEPT", OR by accepting/using an SGC Supercert certificate obtained via their Certificate Center you agreeing become bound by their terms as stated herein this AGREEMENT).
All references to "THAWTE" in this Agreement shall refer to Thawate Inc. unless your organization resides within South Africa, Namibia, Lesotho or Swaziland - in which case "THAWTE" shall refer to SYMANTEC Limited instead.
Customers of resellers (as defined here) represent and warrant that your reselller is authorized to apply, accept, install, maintain, renew and, if necessary revoke certificates on your behalf. By authorizing them to do so you accept these Terms; should any disagreement arise call THAWTE immediately at their telephone number provided in Section 24 and they will revoke it accordingly.
If you are acting as the Authorized Representative of a Customer to apply for a Certificate, as set out in Section 8.2, then SECTIONS 8.2 and 8.3 apply to you as well. However if this Agreement pertains directly to You - except Section 8.3. - then its entire provisions apply with exception to Section 8.3.
1. Definition.
"Certification Authority," or CA for short, refers to any entity authorized to issue, suspend and/or revoke Certificates; for purposes of this Agreement it means Thawte.
"Certificate Application" refers to any request submitted to an ACF for the issue of a certificate.
"Certification Practice Statement", or CPS for short, refers to an evolving document which details how CAs issue certificates and provides more details of their practices when issuing certificates.
"Devices" refers to any physical device or software program, like server load balancers or SSL accelerators, that transmit electronic data between various points on a network.
"Intellectual Property Rights" refer to any and all known or existing rights associated with intangible assets, both now known or yet to come, registered and unregistered rights from United States and foreign registrars such as copyright, trade dress, corporate names and logos as well as patent applications, software know-how know-how as well as all forms of intellectual and proprietary ownership (be they registered, unregistered or designated in some way).
"Licensed Certificate Option" refers to a service option which grants subscribers permission to install Certificates on multiple physical devices at once while also purchasing additional Licenses per physical server or location they manage (where replicated certificates reside). Please be aware this may not be available to all of our subscribers.
"Relying Party" refers to any individual or organization which relies upon certificates or digital signatures for its actions or decisions.
"Relying Party Agreement" refers to any contract used by CAs outlining the terms and conditions under which an individual or organization acts as Relying Parties; for example, Thawte Relying Party Agreement published in Repository is one such example of such an agreement.
"Repository" refers to a collection of documents accessible via an icon link found on the homepage of the website from which you obtained your Certificate.
"Reseller" refers to any entity which obtains Certificates with the intention of selling them back for profit, including internet service providers (ISP), systems integrators (SI), web hosts, technical consultants or application service providers who resell Certificates as products on reselling platforms such as Marketplace or Ariba Exchanges.
"Subscriber" refers to any person, organization, or entity who owns, controls or is granted the rights over an electronic device covered by and receiving an issue Certificate as well as possessing and authorized to utilize its private key listed within it.
Thawte PKI refers to a Certificate-based public key infrastructure managed under Thawte certificate policies that allows worldwide deployment and use of Certificates by Thawte, its affiliates, their customers/subscribers/relying parties (respectively).
"Thawte Seal" refers to an electronic image featuring the Thawte mark which when displayed by you on your website indicates that you have purchased Thawte services; when clicked upon it will show which Thawte service(s) have been purchased and whether these are currently active.
2. Descripton 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 program. High Assurance Certificates are given out to devices to facilitate authentication; message, software and content integrity protection as well as confidentiality encryption. High Assurance Certificates provide Subscribers with assurances regarding their identity based on verification that the Subscriber organization exists, has approved of submitting an Application on behalf of it and that anyone making submission was authorized by said Subscriber organization to do so. Certificates provide assurances to subscribers that they have legal entitlement to the domain names listed on a Certificate Application, such as domains listed for any Certificate Applications that use such names. Thawte will authenticate any Extended Validation Certificate according to its guidelines for authentication. Thawte SSL123 Certificates only: Your organization has applied for a Medium Assurance Certificate within Thawte PKI. Medium Assurance Certificates are issued to Devices as an assurance measure against validity; domain validation; message, software and content integrity protection and encryption for confidentiality encryption purposes. Medium Assurance Certificates provide assurances of both domain validity (unless issued to an intranet server) and domain administrator authorization of Certificate Applications; no organization authentication takes place with these Certificates.
3. Processing Your Certificate Application. Upon Thawte receiving payment and successfully authenticating the Certificate you selected, they will process your Application for Certificate issuance. Thawte will issue you a Certificate if your Certificate Application is approved, for use according to this Agreement. Once installed or collected from Thawte's offices, review its contents closely for errors promptly notifying Thawte of such incidents. Thawte accepts and acts upon any such notification in accordance with their Revocation/Reissue Policy available here: http://thawte.com/repository/
4. Explore Restrictions. If you choose the Licensed Certificate Option, you acknowledge and accept that its deployment could pose increased security risks to your network, with Thawte expressly disclaiming liability for breaches caused by sharing one key across multiple devices. Thawte considers any unlicensed use of certificates on devices located above servers or server farms an act of cyber piracy and will pursue violators to the full extent of the law. If you decide to display the Thawte Seal, do so only according to its Conditions of Use published within Repository.
5. Revocation. If you discover or suspect there has been any compromise of your private key or its information in a Certificate is incorrect or has changed; your organization name has changed; domain registration information has altered; your domain registration name or registration has altered; your organization registration name or domain registration details have altered, you must inform Thawte immediately. Thawte reserves the right to cancel/revoke/void your Certificate at any time without prior warning in cases such as (i) Thawte discovers information is no longer valid Thawte determines, in its sole discretion, that its continued usage could compromise security or integrity of Thawte PKI itself or non-payment by you or you regarding this Agreement or Agreement terms here or any part thereof or non payment herewith regards this Agreement or Agreement terms may revoke it accordingly revoke this Certificate without further consideration of non payment as applicable).
6. Obligations upon Revocation or Expiration. Upon expiration or notice of revocation of your Certificate, its installation on all devices shall be permanently uninstalled and not used again in any capacity thereafter. Furthermore, any Thawte Seal installed for it shall also be uninstalled from websites as appropriate.
7. Term of Service. This Agreement shall remain in effect until your Certificate has expired or is earlier revoked.
8. Representations and Warranties.
8.2 Thawte Representations and Warranties. Thawte makes these representations and warranties about itself: (i) no errors have been introduced into Certificate information due to failing to use reasonable care when creating it; (ii) its Certificate issuance will comply in all material respects with its Certificate Provision Services policy; and (iii) both Revocation Services and Use of Repositories comply fully with its CPS in terms of quality standards and content compliance;
8.2 Your Representations and Warranties. Your further warrant that you possess all of the information needed to make an informed decision as to the degree to which you rely on certificates issued within Thawte PKI and are solely responsible for making that choice, bearing legal ramifications from failure of such decisions arising in accordance with applicable Relying Party Agreements.
8.3 Reseller Representations and Warranties. Pursuant to Section 8.2, Reseller represents and warrants to Thawte and Relying Parties that (i) it has obtained authorization from its customer to enter this Agreement on their behalf; (ii) that it shall abide by and facilitate customer compliance with this Agreement.
9. Fees and Payment Terms. In consideration for purchasing the Certificate you selected on our website, or as otherwise invoiced from Thawte, you shall pay Thawte the applicable service fees listed there at the time of selection, or upon receiving invoice from them - whether or not these were set forth directly on their site at selection time or when invoicing began from Thawte. All fees are payable immediately and non-refundable except as stated below. All taxes, duties, fees and governmental charges of any sort (such as sales, services use and value-added taxes imposed by or under authority of any government on services fees charged here shall be your sole responsibility and should not be considered part of, reduced from, offset against these service fees. All payments due to Thawte shall be made free and clear from deduction or withholding for taxes, duties, charges or penalties, except as may be required by law; in such a case the sum payable by you which requires such deduction or withholding shall be increased so as to guarantee Thawte receives and keeps (without incurring liability in connection with its implementation) an amount equal to that which it would have received had such deduction or withholding not been necessary. Please be aware this section doesn't apply if your Certificate was purchased via Reseller.
10. Refund Policy. If for any reason the Certificate issued to you does not satisfy you completely, and is therefore unsatisfactory, within thirty (30) days from its issuance you should contact Thawte and request their cancellation and a refund. After this initial period you are only eligible to a refund if Thawte breaches one or more warranties or obligations under this Agreement; this Section does not apply if your Certificate was purchased through an affiliate Reseller.
11. Proprietary Rights. Thawte and its licensors retain ownership and all Intellectual Property Rights to any information, products, services and intellectual works developed for use with its services, such as techniques, inventions, processes or works of authorship created as part of these offerings (all collectively "Thawte Works"). Thawte Works does not incorporate your preexisting hardware, software, or networks. Except as specifically provided herein, nothing in this Agreement shall grant either party ownership of or license over another's Intellectual Property Rights; each will remain independent in managing their own Intellectual Property portfolios.
12. Alterations to Subscriber Agreement. Thawte may revise and/or change part of this Agreement at any time, effective 30 days following publication on Thawte websites or notification by e-mail to you. If any such modifications do not meet with your approval, this agreement can be terminated at any time simply by notifying Thawte of such modification and seeking partial refund of fees paid, prorated from when termination took place up until end of service period; by continuing use post change you accept to abide and be bound by it and all related clauses and provisions.
13. Your Privacy. Thawte will treat and process the data you provided as per its privacy statement specific to these Services ("Thawte Privacy Statement" or "Privacy Statement", updated from time-to-time and accessible from the homepage of the website where you enrolled for your Certificate application. Thawte may store information you provide in your Certificate Application in its database and incorporate that into a Thawte Seal issued with your Certificate. Thawte may publish your Certificate, Seal and related data in its Repository as well as third-party sites; and use such information according to this Agreement and Thawte Privacy Statement. As a Reseller acting on behalf of their customer, you warrant that all necessary rights (and consents) exist to provide customer information to Thawte. Thawte may process or transfer any personal data you submit in your Certificate Application in both the United States and any jurisdiction where we maintain presence, for which our Privacy Statement can provide further details. For more information regarding data processing activities please see this 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. 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.
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23. Assignment. Without Thawte's prior, express written approval, you cannot assign this Agreement in whole or part, whether by operation of contract, law or other. Such permission shall not be withheld unreasonably or delayed in its granting.
24. Notices and Communications. Any notice, demands or requests you wish to address to Thawte regarding this Agreement must be provided in writing via the "Contact" address listed on the website from where you purchased your Certificate as well as General Counsel-Legal Department at 350 Ellis Street Mountain View California 94043, along with a copy addressed to (1)650-527-8000 for all references of telephone numbers herein.
25. Entire Agreement. This Agreement, including its Conditions of Use if you display a Thawte Seal and Reseller agreements between Thawte and you (respectfully known as Reseller agreements with Thawte), and Reseller agreements form the sole understanding and agreement between Thawte and you regarding transactions contemplated here, superseding all prior or contemporaneous oral or written representation, understanding or communication pertaining to them; any terms in purchase orders not contained or that conflict with these documents will be null and void and null and void.
26. Third Party Beneficiary Rights. You recognize and acknowledge Microsoft Inc as an express third-party beneficiary to this Agreement and shall have rights and benefits associated with its obligations contained herein.
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