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Thawte SSL Web Server Multi-Domain Wildcard - 1 Year
Subscriber Agreement of Thawte SSL Certificate.
Before accepting or using any SSL CERTIFICATE OBTAINED FROM THAWTE'S CERTIFICATE CENTER (each, a "CERTIFICATE") from Thawte, please read and be familiar with its Subsciber Agreement ("AGREEMENT"). By accepting or using such certificate(s), you are becoming part of and bound by its terms. By clicking below and accepting or using such certificates you become bound by their provisions as set out herein.
All references to "THAWTE" in this Agreement shall mean Thawatel Inc, except if your organization resides within any one of South Africa, Namibia, Lesotho or Swaziland - in such case all references shall refer to SYMANTEC LTD instead.
As the customer of a reseller (as defined here), you represent and warrant that it is authorized to apply for, accept, install, maintain, renew and revoke certificates on your behalf. When authorizing them to use it for you, you are agreeing to be bound by its terms; should any agreement not meet with your approval immediately contact THAWTE using their telephone number in Section 24 below and it will revoke it immediately.
If you are acting on behalf of one or more customers when applying for a certificate, as their authorized representative in submitting your application for one or more certifications, SECTIONS 8.2 and 8.3 apply in full; otherwise this Agreement covers you exclusively except Section 8.3.
1. Definition.
A Certification Authority ("CA") refers to any entity authorized to issue, suspend, and revoke Certificates; for purposes of this Agreement the term Thawte shall apply as the CA.
"Certificate Application" refers to any request sent directly to a CA for the issue of a Certificate.
Thawte publishes their CPS at https://thawte.com/repository/
"Devices" shall refer to any hardware appliance or software application, such as a server load balancer or SSL accelerator, that facilitates data traffic between points on a network.
Intellectual Property Rights" refer to all the current or potential rights associated with intangible property that now or may exist in the future, including registered and unregistered copyrights in both United States and foreign markets; copydress rights; trade dress protection; trade names/corporate names/logos used as trading identities/corporate name-related logos for trademark applications/patent applications/software licensing contracts involving known inventions as well as any related patent applications/patent applications/know-how and any other such forms.
"Licensed Certificate Option" refers to a service option which grants subscribers permission to install certificates on one physical device while also purchasing additional Licenses for servers which this device manages or where replicated Certificates reside. Please be aware this may not be available to you.
"Relying Party" refers to any individual or entity which acts relying upon a Certificate and/or digital signature issued from another.
"Relying Party Agreement" refers to any agreement 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 example of such an arrangement.
Repository" refers to the collection of documents located at a link available from the homepage of the website from which you applied for your Certificate.
Reseller refers to any entity which purchases Certificates with intent of reselling them (e.g. an Internet service provider, systems integrator, web host provider, technical consultant or application service provider).
Subscriber refers to any person, organization, or entity who owns, controls or is otherwise entitled to own the device that was issued with an SSL Certificate; and who are capable and authorized to utilize its associated private key which corresponds with its public key listed in said Certificate at issue.
"Thawte PKI" refers to the Certificate-based Public Key Infrastructure governed by Thawte Certificate Policies that allows worldwide deployment and use of Certificates by Thawte, its affiliates, their customers/Subscribers/Relying Parties etc.
"Thawte Seal" refers to an electronic image featuring the Thawte mark that you display on your website to demonstrate you have purchased Thawte services; when clicked upon it also shows which services have been purchased and whether these have gone live.
2. Description of a Certificate. Thawte SSL Web Server, SSL Web Server With Extended Validation, Wildcard Server Certificate and SGC SuperCert Certificates only: Your certificate application represents High Assurance status within Thawte PKI. High Assurance Certificates are given out to devices as an authentication, message integrity verification and privacy encryption measure. High Assurance Certificates provide guarantees of the identity of their Subscriber based on verification that their organization exists and authorized their Certificate Application submission as well as whether the person making submission on behalf of Subscriber was indeed permitted to submit it. Certificates provide assurances to Subscribers that they may use domain names listed on a Certificate Application without incurring penalties from its registrars, should such domain names appear therein. Thawte will authenticate an Extended Validation Certificate according to its guidelines for processing. Thawte SSL123 Certificates only: Your organization has applied for an Medium Assurance certificate within Thawte PKI. Medium Assurance Certificates are issued to devices to validate domains (unless issued to an intranet server); ensure message, software and content integrity as well as confidentiality encryption. Medium Assurance Certificates offer more assurances of domain validity (unless issued to an intranet server ) and that domain administrators have approved of submitting Certificate Applications; no organization authentication occurs during this process.
3. Processing Your Certificate Application. Once Thawte receives payment and completes authentication procedures required by your Certificate choice, Thawte will process it and approve your Application. Thawte will issue your Certificate once your Application for Approval has been accepted; once collected or installed, review its contents thoroughly to detect and report any discrepancies to them promptly. Thawte will issue you with a corrected Certificate upon receiving notice of such breach or misuse of its certificates, while at times you may require another one reissued based on its Re-Issue Policy found within their CPS at https://thawte.com/repository/
4. Apply Restrictions. If you choose the Licensed Certificate Option, you acknowledge and accept that doing so could increase the security risks to your network and Thawte disclaims any liability relating to breaches caused by sharing one key across multiple devices. Thawte considers any unlicensed use of its certificates on devices residing above servers or server farms to be pirate activity and will take appropriate legal action against those engaging in it. If you wish to display the Thawte Seal, its installation and display must comply with its Terms of Use published within Repository.
5. Revocation. If you suspect any breach to the security or integrity of Thawte PKI through compromised private keys or incorrect or outdated Certificate data, or have reason to believe your organization or domain registration details have changed, notify Thawte immediately. Thawte reserves the right to revoke your Certificate at any time for one of three reasons; (i) Thawte discovers this data is no longer valid; (ii) You fail to perform obligations set out under this Agreement; or (iii) Thawte determines in its sole discretion that continued use would compromise its security or integrity of PKI services or for nonpayment of fees due.
6. Obligations upon Expiration or Revocation. Upon the expiration or notice of revocation of your Certificate, its removal should be permanently done from all devices it was installed and no longer be used for any purpose thereafter. In addition, any Thawte Seal associated with it shall also be deleted from websites where installed.
7. Term of Service. This Agreement shall remain in effect until your Certificate has expired or is earlier revoked.
8. Representations and Warranties.
Thawte Representations and Warranties. Thawte represents and warrants that there will be no errors introduced into Certificate information due to failure by Thawte to take reasonable care in creating it; (ii) its certificate issuances conform fully with its CPS; and (iii) Thawte's Revocation Services comply fully with their respective CPSs in terms of material aspects.
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; sole responsibility lies with you for whether or not to rely on such information and legal implications arise from failure to fulfill obligations you might owe as Relying Party under applicable Relying Party Agreements are yours to bear.
8.3 Reseller Representations and Warranties. Pursuant to Section 8.2, Reseller represents and warrants to Thawte and Relying Parties that it has obtained permission from its customer to bind him/herself to this Agreement; (ii) Reseller will abide by and secure compliance by their customer with this Agreement.
9. Fees and Payment Terms. As consideration for purchasing the Certificate from Thawte, the applicable service fees listed on our website at the time of selection or immediately upon receiving an invoice from us shall be payable immediately. All fees are payable immediately and non-refundable, unless specified below. All taxes, duties, fees and governmental charges of any sort imposed upon service fees charged here shall be your sole responsibility and should not be seen as part of, deducted from, offset against or added as an addition to such service fees. Payments owed to Thawte shall be made without deduction or withholding on account of taxes, duties, charges or penalties as required by law; in such instances the sum payable by you shall be increased so as to ensure Thawte receives and keeps (free from liability in respect thereof) an equivalent net sum as it would have received absent any such requirement; this section does not apply if your Certificate was purchased through an Agent/Reseller.
10. Refund Policy. If for any reason the Certificate issued to you does not fully satisfy you, within thirty (30) days from its issuance request for Thawte to cancel and provide you with a refund. After this initial 30-day period has lapsed you are only entitled to receive one in cases in which Thawte breached warranties or material obligations under this Agreement; This section does not apply if your Certificate was purchased through an Reseller.
11. Proprietary Rights. Thawte and its licensors retain all Intellectual Property Rights and title to any confidential or other proprietary information, products, services and any ideas, techniques, inventions processes software works of authorship developed or practiced through services provided by Thawte hereunder, including without limitation modifications, enhancements derivative works configuration translation upgrades interfaces to such works ("Thawte Works"). Thawte Works are independent from any preexisting hardware, software, or networks you already possess. Except as expressly provided herein, nothing in this Agreement shall confer upon either party a right of ownership or license of another's Intellectual Property Rights; each will continue independently owning and managing their Intellectual Property.
12. Changes to Subscriber Agreement. Thawte reserves the right, at its sole discretion, to revise or amend this Agreement at any time and/or alter any aspect of its services provided hereunder at any point in time, with changes becoming effective 30 days following publication on their websites or notification by e-mail to you. If any such revision or alteration does not meet with your approval, you may immediately terminate it by notifying Thawte and requesting a partial refund prorated between your date of termination and end of service period; by continuing use after such change you agree to be bound by and be subjected by any such modifications/changes/alterations made/amendments/alterations/amendments made and be bound thereby.
13. Privacy. Thawte will use any data and information provided as per this statement: In your Certificate Application, Thawte will comply with and use in accordance with its privacy statement specific to these Services (i.e. "Thawte Privacy Statement", subject to amendment from time-to-time), accessible via the homepage of the website from which you enrolled for it. Thawte agrees and consents that information you provided through your Certificate Application may be included on your Thawte Seal certificate and Certificate. Thawte may publish your Certificate, Seal and associated information within it in our Repository as well as on other third-party sites; and use such data according to this Agreement and in our Privacy Statement. Resellers acting on behalf of their customer(s) represent that they possess all necessary permission (and consents) in order to submit customer data directly to Thawte. Thawte will use and/or transfer any personal data you provide through your Certificate Application in both the United States and other jurisdictions where Thawte maintains presence, for processing customer data as described by its Privacy Statements. For more details regarding data processing practices. please review these documents.
14. Disclaimers of Warranties. With the exception of the express limited warranties set out in SECTION 8, THAWTE disclaims any other express, implied, statutory and customary warranties (such as any implied warranty of merchantability or fitness for purpose as set out above), as well as warranties that arise out of performance, dealing or trade usage (such as non-infringement warranties and warranties arising out of course performance etc). Where jurisdiction does not permit exclusions such as above due to certain representations being guaranteed or excluded warranties may not apply (such restrictions might not be relevant depending upon legal considerations). To the extent THAWE disclaimers don't apply (so this section might still apply depending upon jurisdictional details.)
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. Should any provision of this Agreement be found invalid, illegal, or unenforcable by an appropriate court of jurisdiction, their validity, legality and enforceability in no way shall be impaired thereby.
20. Governing Law. For purposes of this Agreement and any disputes that arise regarding its services provided hereunder, each of the following laws shall govern and interpret them without regard for conflict of laws provisions: (a) California Law for North and Latin America users; or b. England's Common Law if located in Europe Middle East Africa Japan & Asia Pacific areas including Singapore's laws (c). Neither will apply the United Nations Convention for Contracts for International Sale of Goods which shall have no bearing upon this Contract Agreement.
21. Dispute Resolution. When possible and allowed by law, before initiating suit or administrative claims against Thawte regarding any aspect of this Agreement involving a dispute you shall first notify them and any other parties involved to seek a business solution through discussions between all involved. Both you and Thawte shall make best efforts at finding such an amicable resolution through good faith discussions within 60 days after receiving initial notice; failing this, each may proceed pursuant to applicable laws as stated under this Agreement.
22. Intentionally Left Blank
23. Assignment. Without Thawte's express written approval and subject to no unreasonable delay or withhold whatsoever, no rights granted hereunder or this Agreement can be transferred, transferred in whole or part or assigned without its prior express written consent - in whole or part. This restriction extends both ways - contractual rights as well as those acquired pursuant to law or any other source.
24. Notices and Communications. Any notice, demand or request made against Thawte in relation to this Agreement should be in writing to the "Contact" address listed on the website from where you purchased a Certificate, with an identical copy sent directly to General Counsel-Legal Department Thawte Inc 350 Ellis Street Mountain View California USA 94043 For purposes of clarity telephone numbers referred to above will refer to 1-650-527-8000
25. Entire Agreement. This Agreement, the Conditions of Use if you display a Thawte Seal and, for Resellers, their Reseller Agreement constitute the entire understanding and agreement between Thawte and you regarding transactions contemplated here, superseding all prior or contemporaneous oral or written representations, understandings or communication pertaining thereto; any terms and conditions contained within any purchase orders which conflict with this Agreement will be null and void.
26. Third Party Beneficiary Rights. You acknowledge and accept Microsoft Inc as the direct third-party beneficiary of all obligations contained within this Agreement.
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