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DigiCert Secure Site PRO Wildcard - 1 Year
Symantec Certificate Subscriber Agreement. YOU MUST READ THE SSL CERTIFICATE SUBSCRIBER AGREEEMENT (the "AGREEMENT") BEFORE ACCEPTING OR USING A SYMANTEC SSL CERTIFICATE, OR ANY OTHER SYMANTEC SSL CERTIFICATE, FROM GEOTRUST OR THAWTE OR RAPIDSSL. If you do not agree to the terms of this agreement, please DO NOT apply for, accept, or use a certificate. By clicking "Accept" below or by accepting or using a certificate, you agree to be bound by these terms.
As used in this agreement, "SYMANTEC", MEANS THE FOLLOWING: (A), SYMANTEC INC., IF YOUR LOCATION IS IN THE AMERICAS OR JAPAN, (B), SYMANTEC LIMITED, IF YOUR LOCATION IS IN EUROPE OR AFRICA, AS WELL AS ASIA PACIFIC, EXCLUDING THAILAND OR JAPAN. SYMANTEC MAY CHANGE THIS SYMANTEC ENTITY BY NOTIFICATION TO YOU AS DESCRIBED HEREIN.
If you are a customer of a reseller (as defined herein), then you represent and warrant that your reseller is authorized to apply for, accept, install, maintain, renew, or if necessary, revoke the certificate on behalf of yourself. By allowing your RESELLER to use your certificate, you agree to be bound by the terms of this agreement. SYMANTEC REVOKES THE CERTIFICATE IF YOU DON'T AGREE WITH THESE TERMS.
If you are a reseller and acting as the authorized representative of a customer in applying for a certificate, then YOU MUST REPRESENT and WARRANT IN THE SECTION 8.2 AND 8 3. If you are a reseller and applying for your own certificate, this agreement applies to you in its entirety, except Section 8.3.
1. Definitions.
A "Certificate Request" is a formal request for a certificate from a CA.
The "Certification Authority", or "CA", is an authorized entity that can issue, suspend or revoke certificates. CA is Symantec for the purposes of this Agreement.
The "Certification Practices Statement" (CPS) is a document that, when updated, represents a list of practices an CA uses to issue Certificates. Symantec CPS can be found in the Repository.
Intellectual Property Rights includes all rights to intangible properties, whether now or later known, and include, for example, all copyrights (registered and unregistered), trade dresses, corporate names and logos; inventions and patents; patent applications and software.
The "Licensed Certificate option" is the service that allows a subscriber to have a certificate on one device, and then obtains additional licenses of the Certificate for every physical server the device controls or any other location where Certificates are replicated. You may not have access to this option.
The Repository contains details of the Symantec NetSure Protection Plan, which is an extended warranty plan.
A "Relying Partie" 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 forth the conditions and terms under which individuals or organizations act as Relying Parties. An example of this would be the Symantec Relying Party Agreement that's published in the Repository.
The "Repository", is the group of documents that can be found at the repository link, which may also be reached from the home page of the site where you requested your certificate.
A "Reseller", is an Internet service provider (ISP), a Systems Integrator, Web host, technical consultant, Application Service Provider, or any other entity which obtains certificates for resale.
Seal is an image that features a Symantec or Norton (r) logo, and/or a GeoTrust mark, Thawte mark, and/or RapidSSL marks. When displayed on your site, it indicates you've purchased Symantec Services.
The "services" are the SSL Certificate and all the benefits, products, or utilities that Symantec provides you with through the purchase of your SSL Certificate.
The term "Subscriber", refers to a person or organization that owns or holds the rights to the device in question, has received a Certificate and can use the private key which corresponds to public key specified on the Certificate.
The "STN", or Symantec Trust Network, is the Certificate-based Public Key Infrastructure governed by Symantec Trust Network Certificate Policies, allowing worldwide deployment of Certificates and their use by Symantec and its affiliated companies, as well as by customers, subscribers, and relying parties.
2. Process of Certificate Request. You have requested a SSL Certificate on behalf of the organization you represent. This certificate is required to enable SSL/TLS encryption sessions between web browsers and servers. Symantec processes your Certificate application once it receives the payment required and has completed the authentication procedure for the certificate you selected. Symantec, if your Certificate application is approved will provide you with a certificate for use according to this Agreement. You must check the Certificate information after you have installed it or picked up your Certificate. Symantec can revoke the Certificate upon receipt of this notice and replace it with a corrected one.
3. Collateral Services. Symantec can provide you with additional services, including but not limited: daily scans of your site for malicious code (i), vulnerability assessments of your network (ii), Seal Services (iii), and/or access to account management functionality and features through a web console. The provision of these Services could be subjected to conditions imposed by Symantec at its sole discretion.
4. Restriction of Use. Use and Restrictions. It is prohibited to use your Certificate: (i), for any organization or domain other than that which you listed on the Certificate Application. (ii), to perform any private key or public-key operations with a name or domain other than what you entered on the Certificate Application. (iii), on more than 1 physical device or server at a given time, unless the Licensed Certificate option has been purchased. (iv) if a WLAN server certificate, any device other then a RADIUS Server. (v) if a WLAN server, if you a WLAN server, a WLAN Certificate. You acknowledge that if you use the Licensed Certificate option, this can increase security risks for your network. Symantec disclaims all liability in the event of security breaches that are caused by the distribution of a key to multiple devices. SYMANTEC WILL SUED VIOLATORS FOR UNLICENSED USAGE OF A CERTIFICATE UPON A DEVICE RESIDING ABOVE SERVER OR SERVER FARM. Certificates bought under the Licensed Certificate option limit the recovery amount under the NetSure Protection Plan at ten thousand US Dollars (US $10,000), or its equivalent in local currency. You must adhere to the Seal License Agreement in order to install the Seal and display it.
5. Reporting and revocation. You must cease to use the certificate and private key immediately if you find out or suspect that your private key has been compromised, the information in your Certificate has changed or is incorrect, or your domain registration or organization name has changed. Symantec may discover or have reason to suspect that your private key has been compromised or your Certificate has been misused. You must follow Symantec’s instructions in the specified time frame. Symantec reserves the right to revoke a Certificate without prior notice at any time if: (i) Symantec finds that your certificate is invalid; (ii), you fail to comply with the Terms of this Agreement or violate them; or (iii), Symantec decides, in its sole and absolute discretion, that continuing to use your Certificate could compromise the integrity or security of the STN. Symantec can also revoke a Certificate for not paying.
6. Obligations upon Revocation or expiration. You must remove the Certificate immediately from any devices where it has been installed. You must remove any Seals that you installed in conjunction with a revoked certificate from your site.
7. Term of Service. This Agreement shall remain in effect until your Certificate has expired or is earlier revoked.
8. Representations and Warranties.
8.1 Symantec Representations and Warranties. Symantec represents and warrants that (i) there are no errors introduced by Symantec in the Certificate information as a result of Symantec's failure to use reasonable care in creating the Certificate; (ii) its issuance of Certificates shall comply in all material respects with its CPS; and (iii) its revocation services and use of a Repository conform to its CPS in all material aspects.
8.2 Your Representations and Warranties. You represent and warrant to Symantec and Relying Parties that (i) all information material to the issuance of a Certificate you provide to Symantec in your Certificate Application is accurate and complete; (ii) you will inform Symantec if the representations you made to Symantec in your Certificate Application changed or are no longer valid; (iii) the Certificate information you provided (including your e-mail address) does not infringe the Intellectual Property Rights of any third party; (iv) the Certificate information you provided (including your email address) has not been and will not be used for any unlawful purpose; (v) you, or someone explicitly authorized by you, have been (since the time of its creation) and will remain the only person(s) possessing your private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; (vi) you will use your Certificate exclusively for authorized and lawful purposes consistent with this Agreement; (vii) you will use your Certificate as an end user and not as a Certification Authority to issue Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is the Subscriber's digital signature, and the Certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (ix) you manifest assent to this Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer (save to the extent that you cannot be prohibited from so doing under applicable law) the technical implementation of the STN, except with the prior written approval from Symantec, and shall not otherwise intentionally compromise the security of the STN. You further represent and warrant that you have sufficient information to make an informed decision as to the extent to which you choose to rely on a digital certificate issued within the STN, that you are solely responsible for deciding whether or not to rely on such information, and that you shall bear the legal consequences of your failure to perform any obligation you might have as a Relying Party under the applicable Relying Party Agreement. If your Services include malware and/or vulnerability assessment, you further represent and warrant to Symantec that (xi) you have the corporate power and authority to give Symantec consent to proceed with the assessment; if your website is managed and/or hosted by a third-party service provider, you warrant that you have obtained the consent and authorization from the service provider necessary for Symantec to perform the assessment.
8.3 Reseller Representations and Warranties. Further to section 8.2, Reseller represents and warrants to Symantec and Relying Parties that (i) it has obtained the authority of its customer to enter into this Agreement on behalf of its customer and/or to bind its customer to this Agreement; and (ii) it shall comply with and procure its customer's compliance with this Agreement.
9. Fees and payment terms. You will pay Symantec, as a consideration for your Certificate, the service fees listed on the Symantec website, at the time you select the certificate or, where applicable, when you receive an invoice. Except as stated in the following paragraphs, all fees are payable immediately. You are responsible for all taxes, duties and fees (including taxes on Symantec's net income, sales taxes, service taxes, value added taxes and use taxes) imposed on or by any government. These taxes and charges will not be included in, deducted from, or offset by the fees. Symantec will not be entitled to any withholding or deductions for taxes, duties, charges, penalties, etc., except where required by law. In this case, the amount payable to Symantec in relation to which the deductions or withholdings are to be made, shall be increased by the necessary amount to ensure Symantec is able to receive and retain (free of liability) the net sum that it would otherwise have received. If you bought your Certificate through a reseller, this section does not apply.
10. Refund Policy. You must ask Symantec to revoke your Certificate within 30 days after it was issued if you're not satisfied for whatever reason. After the first 30-day period you can only receive a refund if Symantec breaches a warranty, or any other obligation material to this Agreement. If you purchased your certificate from a reseller, this section does not apply.
11. Proprietary Rights. Symantec, its licensors and their respective intellectual property rights and titles are retained by Symantec in all confidential or proprietary information and products and services as well as the concepts, ideas, techniques, inventions or processes that were developed or embodied or used in conjunction with the Symantec Services, which includes without limitation, all modifications, enhancements and derivative works. Symantec's Works are not your existing hardware, software or network. This Agreement does not grant any rights of ownership, license, or use to intellectual property belonging to either party. Each party will continue to own its Intellectual Property Rights independently.
12. Changes in the Subscriber Agreement. Symantec reserves the right to (i) modify the terms and conditions of this Agreement, or (ii), change a part of Services at any time. This change is binding upon Symantec and will take effect thirty (30) calendar days following the publication on Symantec websites or notification by email. You may cancel this Agreement at any point if you are not happy with the changes. Please notify Symantec, and request a prorated refund from the termination date to the end service period. You agree to be bound by the changes if you continue to use Symantec Services.
13. Privacy. Symantec treats and processes the data that you submit in your Certificate application in accordance to the Symantec privacy statement, which is updated from time-to-time and available on the homepage of the website where you registered for your certificate. Symantec is allowed to use the information you provided in your certificate application in both your Seal and your Certificate. Symantec can also publish the Seal and the information that is contained in your Certificate in third party sites and the Repository. You warrant, if you're a reseller acting on behalf a client, that you possess all the necessary consents (including your own) in order to give Symantec information about them. Symantec may process or transfer information that you submit in your Certificate Request in the United States, and other countries where Symantec has a presence. Please refer to our Privacy Statement for more information about the processing of data.
14. Disclaimers. SYMANTEC DOES NOT GUARANTEE ANYTHING, EXCEPT THE LIMITED EXPRESS WARRANTIES INCLUDED IN SECTION 8, OR THE NETSURE PLAN. SYMANTEC ALSO DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLI SYMANTEC DOES not warrant that the services will be uninterrupted or error free. SYMANTEC DOES not warrant that the scans will detect all malware and/or vulnerabilities, or any report provided in conjunction with such scans, is complete or error-free. A FEW OF THE EXCLUSIONS ABOVE MAY NOT APPLY IF YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OR CERTAIN WARRANTIES AND GUARANTEES.
15. Indemnity. Indemnity. Symantec will promptly inform you about any claim. You are responsible for the full defense (including settlements) of the claim. However, you must keep Symantec up-to-date on any developments and should consult Symantec regarding the status of the litigation. This Section 15 shall survive the termination of this Agreement. You agree that as a Relying Party you will indemnify and defend Symantec and its directors, shareholder, officers, agents and employees. This includes reasonable attorneys' fees and expenses.
16. Limitations of Liability.
16.1 If the certificate you purchased is covered under the NETSURE PLAN PROTECTION, SYMANTEC must pay to you as much money determined by that plan. The LIMITATIONS OF DAMAGES AND PAYMENTS IN SECTION 161 DO NOT APPLY FOR REFUNDS.
16.2 THIS SECTION 16.2 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. SYMANTEC SHALL BE LIMITED TO AN AMOUNT OF TWO (2) TIMES THE AMOUNTS PAID FOR THE SERVICE IN ANY CLAIM OR ACTION (INCLUDING BREACH OF WARRANTY), OR ANY OTHER LEGAL OR EQUITABLE PROCEEDING ARISING OUT OF THE SERVICES PROVIDED IN THIS AGREEMENT. SYMANTEC’S AGGREGATE LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR A THIRD PARTY UNDER THE AGREEMENT SHALL NOT EXCEED TWO (2) TIMES WHAT WAS PAID TO SYMANTEC FOR THE SERVICE. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 16.2 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO THIS AGREEMENT. This Section 16.2 does not limit refund payments or payments under the NETSURE PLAN. SYMANTEC’S LIABILITY IS NOT LIMITED BY THIS SECTION 16, EVEN IF SYMANTEC’S NEGLIGENCE CAUSES PERSONAL INJURY, DEATH OR ANY OTHER LIABILITY THAT CANNOT INCLUDE MANDATORY RULES OF THE APPLICABLE JURISDICTION. A FEW OF THE EXCLUSIONS ABOVE MAY NOT APPLY IF THE JURISDICTION DOES NOT ALLOW LIABILITY LIMITATIONS.
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 the Law, export requirements, and foreign reshipment liability. In connection with the performance of its obligations under this Agreement, each party will comply with all federal, state and locally applicable laws and regulations. Each party will comply with any and all export regulations ("Export Control"), without limiting this general agreement. You will, regardless of whether you have disclosed to Symantec the ultimate destination of certificates, software, hardware or technical data supplied by Symantec (the "Symantec Technology"), and despite anything in the Agreement that says otherwise, not (i) modify or export any Symantec Technology directly or through a third party to a destination prohibited or restricted by Export Control without first obtaining all the necessary licenses required by the United States government or other countries that enforce Export Control. (ii), provide Symantec Technology directly or directly to Symantec reserves the right, at any time, to cease performing any obligations under this Agreement without notice or liability.
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. The governing law. The Agreement, and any dispute relating to Services hereunder, shall be governed by the respective laws listed below, regardless of their conflict of laws provisions. This Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods.
21. Dispute Resolution. Before you initiate a lawsuit or administrative claim in relation to any dispute that involves any part of this Agreement to the extent allowed by law, you must notify Symantec and the other parties involved to seek a resolution through business discussions. You and Symantec will both make good faith attempts to resolve the dispute through business discussion. In the event that the dispute has not been resolved in sixty (60), days following the first notice, either party can proceed according to the applicable laws as stated under the Agreement.
22. NetSure Protection Plan. The details are available in the Repository. You could be covered under the latest version of NetSure Protection Plan. Symantec pays you certain damages for a breach of limited warranty by Symantec in the NetSure Protection Plan. This plan is subject to limits. The NetSure Protection Plan does not cover certificates provided for free in conjunction with a Symantec Trial Offer.
23. Assignment. Without Symantec’s express prior written consent, you may not transfer the rights or obligations granted under this Agreement or by virtue of this Agreement in its entirety or part, whether through contract law, or any other means. This consent will not be withheld unreasonably or delayed.
24. Notices and Communications. All notices, requests or demands to Symantec in relation to this Agreement will be made by you to the "Contact Address" listed on the Website from which you purchased your certificate, along with a copy sent to General Counsel, Legal Department, Symantec 350 Ellis Street Mountain View, California USA 94043. Referring to the telephone number above, it shall be 1-650-527-8000.
25. Entire Agreement. The entire agreement is this Agreement and the Seal License Agreement if you decide to display the Seal. If you are a reseller, then your Reseller Agreement with Symantec constitutes the whole understanding between Symantec & you in relation to the transaction contemplated. It supersedes all previous or contemporaneous verbal or written communication, understanding or agreement relating to it. Any terms and conditions included in purchase orders which are in conflict or do not comply with this Agreement will be nullified.
SSL Certificate Subscriber Agreement Version 8.0 (April 2012)
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