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Thawte SSL 123 Wildcard - 1 Year
Thawte SSL Certificate Subscriber Agreement.
Before applying, accepting, or using any SSL CERTIFICATE from ThAWTE's Certificate Center ("CERTIFICATE"), read carefully this agreement (this "AGREEMENT"). If the terms do not meet with your approval then don't submit an application, accept, accept / use certificate from them). By clicking "ACCEPT" below or accepting/using your Certificate you have agreed to become part of and be bound by these TERMS.
Referencing "THAWTE" herein shall refer to ThAWTE, Inc.; provided however that, should your organization reside within South Africa, Namibia, Lesotho or Swaziland then "THAWTE" herein shall mean Symantec Ltd.
Customers of Resellers (as Defined Herein), represent and warrant that your reseller is legally empowered to apply, accept, install, maintain, renew and, if necessary, revoke certificates in your behalf. By authorizing them to do so you agree to be bound by these Terms; should any disagreement arise please immediately call THAWTE on the telephone number listed under Section 24 below and they will revoke it accordingly.
If you are acting on behalf of one or more customers when applying for a certificate, as set forth in Section 8.2, 8.3 is relevant; otherwise this Agreement covers you fully except Section 8.3.
1. Definitions.
"Certification Authority," or "CA," refers to any organization authorized to issue, suspend, and revoke certificates issued in compliance with this Agreement. For purposes of this agreement, Thawte shall serve as CA.
"Certificate Application" refers to any request sent directly to an authority (CA).
"Certification Practice Statement," or CPS, refers to an evolving document outlining how CAs issue certificates.
"Devices" refers to any physical appliance or software application - like server load balancers or SSL accelerators - used for routing electronic data across networks from one point to the next.
Intellectual Property Rights include any and all now known or hereafter existing intangible property-based rights associated with tangible properties; for instance: registered and unregistered rights intangibly associated with intangible properties that include: copyrights (both registered and unregistered), trade dress, trade names, corporate names logos inventions patent applications software knowhow know-how other intellectual properties (or proprietary rights as they're known in various areas around the globe and however designated), software knowhow other proprietary interests and all forms of proprietary interests related to tangible properties associated with intangible assets.
"Licensed Certificate Option" refers to a service option which grants Subscribers permission to install one Certificate onto one physical device while receiving additional licenses for every physical server that manages or hosts replicated Certificates; however, this may not always be available.
"Relying Party" refers to any individual or entity which bases its actions upon an identity certificate and/or digital signature issued from an institution.
"Relying Party Agreement" refers to any agreement used by CAs for outlining 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 the collection of documents found at a link accessible from the homepage of the website through which you submitted an application for your Certificate.
Reseller refers to any Internet Service Provider (ISP), Systems Integrator, Web Host, Technical Consultant or application service Provider that purchases Certificates with intent of reselling them at retail.
"Subscriber" refers to any person, organization, or entity who owns, controls or has access rights for the device that was issued a Certificate. Subscribers should also possess and are authorized to utilize their respective private key which corresponds with its associated public key listed within said Certificate at issue.
"Thawte PKI" refers to a public key infrastructure governed by Thawte certificate policies which allows worldwide deployment and use of Certificates by Thawte, its affiliates, their customers/subscribers/relying parties/ Relying Parties etc.
"Thawte Seal" refers to an electronic image featuring the Thawte mark that, when displayed by you on your website, demonstrates your purchase(s). Clicking on this seal reveals which services have been purchased as well as whether these have activated.
2. Description of a Certificate. Thawte SSL Web Server, SSL Web Server With Extended Validation, Wildcard Server Certificate and SGC SuperCert Certificates only: Your organization's certificate has been awarded as part of Thawte's Public Key Infrastructure (PKI). It represents high assurance. High Assurance Certificates are given out to devices to provide authentication; message integrity protection; content and message encryption services and confidentiality encryption services. High Assurance Certificates provide assurances regarding the identity of Subscriber organizations based on proof that their existence, approval of Certificate Applications submitted on behalf of them by authorized persons and that any individual submitting them on their behalf were permitted to submit them are all essential factors in verifying identity of Subscriber organizations and subscribers. Certificates provide assurances to Subscribers that they have permission to utilize any domain names listed in a Certificate Application, should any be listed therein. Thawte will authenticate an Extended Validation Certificate according to its guidelines for authentication. Thawte SSL123 Certificates apply exclusively: Your organization has applied for a Medium Assurance certificate under Thawte's Public Key Infrastructure. Medium Assurance Certificates are issued to devices in order to validate their domain (unless issued to an intranet server); message, software and content integrity as well as confidentiality encryption. Medium Assurance Certificates provide assurances of domain validity (excluding intranet servers ) and that its administrator authorized the Certificate Application; no organization authentication takes place against its owner of record.
3. Processing Your Certificate Application. Once Thawte receives payment and completes authentication procedures required by your Certificate selection, Thawte will begin processing your Application for Certificate issuance. Thawte will approve your Certificate Application and issue you a certificate to use according to this Agreement. Upon collecting or installing it, review its content thoroughly for errors promptly notifying Thawte of them. Thawte may revoke and issue you a corrected Certificate as soon as we receive notice that they need to. Further, Thawte recognizes that occasionally you may require us to reissue it; when that time arises we shall follow their reissue policy located within their Customer Protection Service at Thawte CPS for this.
4. Employ Restrictions. If you choose the Licensed Certificate Option, you acknowledge and accept that this can increase security risks to your network and Thawte disclaims any responsibility for breaches in security caused by sharing one key across multiple devices. Thawte considers any unlicensed use of certificates on devices located above servers or server farms as illegal use and will pursue offenders to the full extent of the law. If you choose to display the Thawte Seal, make sure that it adheres to our Conditions of Use found within Repository.
5. Revocation. If you discover or suspect any breach in the security or integrity of the Thawte PKI due to compromised private keys or inaccuracy in Certificate information or changes, or your organization name/domain name registration status has changed, immediately inform Thawte. Thawte reserves the right to revoke your Certificate if in their sole judgment the continued use may compromise security or integrity; fail to meet obligations under terms of this Agreement; or compromise security integrity itself - Thawte may revoke it or even non payment!
6. Obligations upon Expiration or Revocation. Upon expiration or notice of revocation of your Certificate, its installation should be removed permanently from all devices it was on and no longer used for any purpose subsequently. If a Thawte Seal had been associated with it prior to being revoked then that seal should also be taken down immediately from websites hosting said Certificate.
7. Terms of Service. This Agreement shall remain in place until your Certificate has expired or has been cancelled earlier.
8. Representations and Warranties.
8.1 Thawte Representations and Warranties. Thawte represents and warrants that: (i) no errors were introduced into Certificate information as a result of its failing to exercise reasonable care when creating them; (ii) its Certificate issuance services shall comply in all material respects with their CPS; and (iii) that its Revocation Services and use of Repositories conform with such CPS in every material way.
8.2 Your Representations and Warranties. Your representation and warranty extend further by acknowledging that you possess sufficient information to make an informed decision as to the degree to which you rely on a digital certificate issued through Thawte PKI; sole responsibility lies with you for making such decision, with legal consequences following should there be failure in performing obligations associated with Relying Party agreements being the responsibility solely of Relying Parties themselves.
8.3 Reseller Representations and Warranties. Further to section 8.2, Reseller warrants and represents to Thawte and Relying Parties that it has obtained authority from their customer to enter this Agreement on behalf of or bind their customer; (ii) Reseller will comply with and enforce compliance of their customer with this Agreement.
9. Fees and Payment Terms. As consideration for purchasing your Certificate from Thawte, the applicable service fees listed on our website at the time of selection or, upon receiving an invoice from us will need to be paid immediately. All fees are payable immediately and non-refundable except where specifically noted below. All taxes, duties, fees and governmental charges of any sort imposed on Thawte service fees (such as sales, services use and value added tax imposed under any authority of government on them ) should be covered by you as they cannot be taken as deduction from or offset against them. All payments due to Thawte shall be made free from deduction or withholding due to taxes, duties, charges or penalties as required by law; in such instances the sum payable by you for which such deduction or withholding must occur must be increased sufficiently so as to ensure Thawte receives and keeps (free from liability in relation to) an equal net sum to what would have been received had there not been such deduction or withholding requirements placed upon them. Please be aware this section does not apply if your Certificate was purchased through an Authorised Reseller
10. Refund Policy. If for any reason the Certificate issued to you does not meet with your complete satisfaction, within thirty (30) days from its issuance request that Thawte revoke and provide you with a refund. After this 30-day period has lapsed you are only eligible for refund if Thawte breaches one or more warranties or material obligations of this Agreement; this section does not apply if purchasing through Reseller.
11. Proprietary Rights. Thawte and its licensors retain all Intellectual Property Rights and title to any confidential, proprietary information, products, services and ideas developed or implemented as part of providing services through Thawte hereunder, including without limitation all modifications, enhancements, derivative works configuration translation upgrades interfaces thereto (collectively known as the "Thawte Works"). Thawte Works does not cover your existing hardware, software or networks. Except as explicitly provided herein, nothing in this Agreement shall create any right of ownership or license over another party's Intellectual Property Rights; each party shall continue independently owning and protecting their 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 DEALS WITH LIABILITY ARISING UNDER CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE FORMS OF CLAIM. As far as applicable law allows, in any claim or suit arising under this Agreement, Thawte shall not be held liable for (I) loss of profit, business contracts, revenue or anticipated savings; (ii) indirect or consequential losses. ThAWTE'S AGGREGATE LIABILITY TO YOU OR A THIRD PARTY for any use or reliance upon certificates provided shall be limited, in totality, to two times their purchase cost. Liability Limitations in this Section 16 Will Remain Constant, No Matter the Amount or Number of Signatures, Transactions or Claims Relating to Any Certificate. No matter the circumstances, ThAWTE'S LIABILITY SHALL NOT BE LIMITED BY THIS SECTION 16 in cases involving personal injuries caused by its negligence and liabilities that cannot be excluded under applicable laws or mandates (such as mandatory laws in some jurisdictions). Some exclusions may not apply depending on where your jurisdiction exists - for instance in situations in which certain liability limitation measures cannot be legally applied (ie mandatory laws).
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 in this Agreement be found invalid, illegal, or unenforcable by an authority of competent jurisdiction, any such finding shall in no way impede on or affect its remaining provisions in any way.
20. Governing Law. For purposes of this Agreement and any disputes related to its services provided hereunder, each of the following laws will govern: (a) Californian laws if located within North or Latin America; or b. English Law for European countries Middle East & Africa or Asia excluding Japan (if located). Furthermore, United Nations Convention of Contracts for the International Sale of Goods shall not apply here
21. Dispute Resolution. When legally permissible, before you bring suit or file an administrative claim over any aspect of this Agreement that leads to dispute resolution, notify Thawte as well as all parties involved for purposes of seeking business solutions first. Both you and Thawte should make good faith efforts at business discussions for resolution within sixty (60) days from receiving notice; failing this, either party may proceed according to applicable law as stated under this Agreement.
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23. Assignment. Without Thawte's express written approval and without unreasonably withholding or delaying its provision thereof, You shall not assign this Agreement, any rights granted hereunder or this Contract in whole or in part in whole, whether by operation of law, contract or any other means. This permission should not be withheld unreasonably from being given immediately or delayed at an unreasonable pace.
24. Notices and Communications. In connection with this Agreement, any notices, demands or requests shall be communicated directly to Thawte through written correspondence sent directly to their "Contact" address listed on their Certificate purchase website, with an identical copy going directly to: General Counsel-Legal Department at Thawte Inc 350 Ellis Street Mountain View California 94043 USA 94043. Any references made above regarding telephone numbers shall mean 1-650-527-8000 as indicated above.
25. Entire Agreement. This Agreement, the Conditions of Use if you choose to display a Thawte Seal and, for resellers, your Reseller agreement all together comprise our understanding and agreement regarding transactions contemplated here, superseding all prior or contemporaneous oral or written representations or communications regarding those matters, whether oral or written. Any terms in your purchase orders that conflict with or violate this Agreement will not be effective and null and void.
26. Third Party Beneficiary Rights. You acknowledge and accept Microsoft Inc as the express third-party beneficiary for all obligations contained within this Agreement.
Thawte SSL Certificate Subscriber Agreement Version 6.0 (August 2010).
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