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VeriSign Relying Party Agreement
YOU MUST READ THIS RELYING PARTY AGREEMENT ("AGREEMENT")
BEFORE VALIDATING A VERISIGN CERTIFICATE, USING VERISIGN'S ONLINE CERTIFICATE
STATUS PROTOCOL ("OCSP") SERVICES, ACCESSING OR USING A VERISIGN
OR VERISIGN AFFILIATE DATABASE OF CERTIFICATE REVOCATIONS OR RELYING
ON ANY VERISIGN CERTIFICATE-RELATED INFORMATION (COLLECTIVELY, "VERISIGN
INFORMATION”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO
NOT SUBMIT A QUERY AND DO NOT DOWNLOAD, ACCESS, OR RELY ON ANY VERISIGN
INFORMATION. IN CONSIDERATION OF YOUR AGREEMENT TO THESE TERMS, YOU
ARE ENTITLED TO USE VERISIGN INFORMATION AS SET FORTH HEREIN.
1. Term of Agreement.
This Agreement becomes effective when you submit a query to search for
a VeriSign Certificate, or rely on any VeriSign Information in the manner
set forth in the preamble above. This Agreement shall be applicable
for as long as you use and/or rely on such VeriSign Information.
2. Definitions.
"Certificate" or “Digital Certificate” means a message that,
at least, states a name or identifies the issuing CA, identifies the
Subscriber, contains the Subscriber's public key, identifies the Certificate’s
validity period, contains a Certificate serial number, and contains
a digital signature of the issuing CA.
"Certificate Applicant" means an individual or organisation
that requests the issuance of a Certificate by a Certification Authority.
"Certification Authority" or "CA" means an entity
authorised to issue, suspend, or revoke Certificates. For purposes
of this Agreement, CA shall mean VeriSign.
“Certification Practice Statement” or “CPS” means a document, as revised
from time to time, representing a statement of practices a CA employs
in issuing Certificates. VeriSign’s CPS is published at www.verisign.com/repository/cps.
"Non-verified Subscriber Information" means any information
submitted by a Certificate Applicant, and included within a Certificate,
that has not been confirmed by the CA or RA and for which the applicable
CA and RA provide no assurances other than that the information was
submitted by the Certificate Applicant.
"Registration Authority" or "RA" means an entity
approved by a CA to assist Certificate Applicants in applying for, approving,
rejecting, or revoking Certificates.
"Relying Party" means an individual or organisation that acts
in reliance on a Certificate.
"Repository" means the collection of documents located at
the link for the repository which may be accessed from the website where
the Certificate was issued.
"Subscriber" means a person, organisation, or entity who is
the subject of and has been issued a Certificate, and is capable of
using, and is authorised to use, the private key that corresponds to
the public key listed in the Certificate at issue.
"VeriSign Trust Network" or "VTN" means the Certificate-based
public key infrastructure governed by the VeriSign Trust Network certificate
policies, which enables the worldwide deployment and use of Certificates
by VeriSign, its affiliates, their respective customers, Subscribers
and Relying Parties.
3. Informed Decision.
You acknowledge and agree that: (i) you have sufficient information
to make an informed decision as to the extent to which you choose to
rely on the information in a Certificate; (ii) your use or reliance
of any VeriSign Information is governed by this Agreement and you shall
bear the legal consequences of your failure to comply with the obligations
contained herein. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR
NOT TO RELY ON THE INFORMATION IN A CERTIFICATE.
4. Certificates.
VeriSign offers three distinct classes of certificate services, with
each class providing specific functionality and security features corresponding
to a specific level of trust within the VTN:
(i) Class 1 Certificates. Class 1 Certificates offer the lowest level
of assurance and should not be used for authentication purposes or to
support non-repudiation. These Certificates are issued to individuals,
and authentication procedures are based on assurances that the Subscriber's
distinguished name is unique within the domain of a particular CA and
that a certain e-mail address is associated with a public key.
These certificates do not provide proof of the identity of the Subscriber.
Class 1 Certificates are appropriate for digital signatures, encryption,
and access control for non-commercial or low-value transactions where
proof of identity is not necessary.
(ii) Class 2 Certificates. Class 2 Certificates offer a medium level
of assurance in comparison with the other two classes. Class 2 authentication
includes verification of information submitted by the Certificate Applicant
against identity proofing sources. Class 2 Certificates can be used
for digital signatures, encryption, and access control, including as
proof of identity in medium-value transactions. Under limited circumstances,
Class 2 Certificates may be issued to an organisational Subscriber (rather
than an individual within the organisation). Such Certificates may be
used for organisation authentication and application signing only under
the terms of the VeriSign CPS.
(iii) Class 3 Certificates. Class 3 Certificates provide the highest
level of assurances within the VTN. Class 3 Certificates are issued
to individuals and organisations for digital signatures, encryption,
and access control, including as proof of identity, in high-value transactions.
Class 3 individual Certificates provide assurances of the identity of
the Subscriber based on the personal (physical) presence of the Subscriber
to confirm his or her identity using, at a minimum, a well-recognised
form of government-issued identification and one other identification
credential. Class 3 organisational Certificates may be issued to devices
to provide authentication; message, software, and content integrity;
and confidentiality through encryption. Class 3 organisational Certificates
provide assurances of the identity of the Subscriber based on a confirmation
that the Subscriber organisation does in fact exist, that the organisation
has requested the Certificate Application, and that the person submitting
the Certificate Application on behalf of the Subscriber was authorised
to do so. Class 3 organisational Certificates also provide assurances
that the Subscriber is entitled to use the domain name listed in the
Certificate Application.
5. Your Obligations.
As a Relying Party, you are obligated to ensure the reasonableness of
your reliance on any VeriSign Information by: (i) assessing whether
the use of a Certificate for any given purpose is appropriate under
the circumstances; (ii) utilising the appropriate software and/or hardware
to perform digital signature verification or other cryptographic operations
you wish to perform, as a condition of relying on a Certificate in connection
with each such operation; and (iii) checking the status of a Certificate
you wish to rely on, as well as the validity of all the Certificates
in its chain.
6. Limitations
on Use. YOU ARE HEREBY NOTIFIED OF THE POSSIBILITY OF THEFT OR
OTHER FORM OF COMPROMISE OF A PRIVATE KEY CORRESPONDING TO A PUBLIC
KEY CONTAINED IN A CERTIFICATE, WHICH MAY OR MAY NOT BE DETECTED, AND
OF THE POSSIBILITY OF USE OF A STOLEN OR COMPROMISED KEY TO FORGE A
DIGITAL SIGNATURE. Further, VeriSign Certificates are not designed,
intended, or authorised for use as control equipment in hazardous circumstances
or for uses requiring fail-safe performance such as the operation of
nuclear facilities, aircraft navigation or communication systems, air
traffic control systems, or weapons control systems, where failure could
lead directly to death, personal injury, or severe environmental damage.
Class 1 Certificates shall not be used as proof of identity or as support
of non-repudiation of identity or authority. VeriSign, its CAs, and
RAs are not responsible for assessing the appropriateness of the use
of a Certificate.
7. Compromise
of VTN Security. You shall not monitor, interfere with, or reverse
engineer the technical implementation of the VTN or otherwise intentionally
compromise the security of the VTN (unless you cannot be prohibited
from so doing under applicable law), except upon prior written approval
from VeriSign.
8. VeriSign Warranties.
VeriSign warrants to Relying Parties who reasonably rely on a Certificate
that (i) all information in the Certificate, except for Non-verified
Subscriber Information, is accurate as of the date of Certificate issuance;
(ii) Certificates appearing in the Repository have been issued to the
individual, organisation, or device named in the Certificate as the
Subscriber; and (iii) the Certificate was issued in substantial compliance
with the VeriSign CPS.
9. Disclaimers
of Warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES CONTAINED
IN SECTION 8, VERISIGN DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, THOSE
OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSES, 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,
TERMS OR CONDITIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
10. Indemnity.
You agree to indemnify, defend and hold harmless VeriSign, any non-VeriSign
CA or RA, and any of their respective directors, shareholders, officers,
agents, employees, successors and assigns from any and all third party
claims, proceedings, judgments, damages, and costs (including reasonable
legal fees and expenses) arising from (i) your failure to perform the
obligations of a Relying Party in accordance with this Agreement, (ii)
your reliance on a Certificate that is not reasonable under the circumstances,
or (iii) your failure to check the status of a Certificate to determine
if the Certificate is expired or revoked. VeriSign shall promptly notify
you of any such claim, and you shall bear full responsibility for the
defence of such claim (including any settlements); provided however,
that (a) you keep VeriSign informed of, and consult with VeriSign in
connection with the progress of such litigation or settlement; (b) you
shall not have any right, without VeriSign’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, claim
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 VeriSign, or requires any specific performance or non-pecuniary
remedy by VeriSign; and (c) VeriSign shall have the right to participate
in the defence of a claim with legal counsel of its choice at its own
expense. The terms of this Section 10 will survive any termination
of this Agreement.
11. Limitations
of Liability.
11.1 THIS SECTION 11 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.
11.2 IF YOU INITIATE ANY
CLAIM, ACTION, ARBITRATION, OR OTHER PROCEEDING RELATING TO THIS
AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN SHALL
NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE
OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS.
11.3 VERISIGN'S TOTAL
LIABILITY FOR ALL DAMAGES SUSTAINED BY ALL RELYING PARTIES CONCERNING
A SPECIFIC CERTIFICATE (OTHER THAN AN EXTENDED VALIDATION CERTIFICATE)
SHALL BE DETERMINED ACCORDING TO THE CLASS OF THE CERTIFICATE RELIED
UPON AND LIMITED, IN THE AGGREGATE, TO THE AMOUNT SET FORTH BELOW.
Class |
Liability Cap |
Class 1 |
One Hundred U.S. Dollars (US $100.00) (or the
local currency equivalent thereof) |
Class 2 |
Five Thousand U.S. Dollars (US $5,000.00) (or
the local currency equivalent thereof) |
Class 3 |
One Hundred Thousand U.S. Dollars (US $100,000.00)
(or the local currency equivalent thereof) |
THE LIABILITY LIMITATIONS PROVIDED IN THIS SUBSECTION 11.3 SHALL BE
THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS,
OR CLAIMS RELATED TO SUCH CERTIFICATE.
11.4 THIS SUBSECTION
11.4 APPLIES TO VERISIGN SSL CERTIFICATES WITH EXTENDED VALIDATION ONLY:
IF VERISIGN FAILED TO ISSUE THE EXTENDED VALIDATION CERTIFICATE IN COMPLETE
COMPLIANCE WITH THE EXTENDED VALIDATION GUIDELINES, THEN VERISIGN’S
LIABILITY FOR LEGALLY RECOGNISED AND PROVEN CLAIMS SHALL BE LIMITED
TO USD$2000 PER RELYING PARTY PER CERTIFICATE.
11.5 NOTWITHSTANDING
THE FOREGOING, VERISIGN’S LIABILITY SHALL NOT BE LIMITED UNDER THIS
SECTION 11 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM VERISIGN’S
NEGLIGENCE OR TO ANY OTHER LABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE
LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION).
TO THE EXTEND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY
LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. 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, armed terrorism, armed conflict,
labour strike, lockout, boycott or other similar events beyond the reasonable
control of such party, provided that the party relying upon this Section
12 (i) gives prompt written notice thereof; (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.
13. 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 validty, legality and enforceability
of the remaining provisions contained shall not, in any way, be affected
or impaired thereby.
14. Governing Law. Any disputes related to this Agreement shall
be governed in all respects by and construed in accordance with the
laws of the Commonwealth of Virginia, United States of America, excluding
its conflict of laws rules.
15. Dispute Resolution.
To the extent permitted by law, before you invoke any dispute resolution
mechanism with respect to a dispute involving any aspect of this Agreement,
you shall notify VeriSign, and any other party to the dispute for the
purpose of seeking resolution. If the dispute is not resolved within
sixty (60) days after the initial notice, then a party may proceed in
accordance with the following:
(i) When each party to the dispute is a Canadian or U.S. resident or
organisation situated or doing business in Canada or the United States.
All claims arising in connection with this Agreement shall be brought
in the United States District Court for the Eastern District of Virginia
or the state courts of Fairfax County, Virginia, U.S.A. The parties
agree that such courts shall have exclusive jurisdiction and submit
to the exclusive jurisdiction and venue of such courts. The parties
further waive any right to a jury trial regarding any action brought
in connection with this Agreement.
(ii) Where one or more parties to the dispute is not a Canadian or U.S.
resident or organisation situated or doing business in Canada or the
United States. All disputes arising in connection with this Agreement
shall be finally settled under the Rules of Conciliation and Arbitration
of the International Chamber of Commerce (ICC) as modified as necessary
to reflect the provisions herein by one or more arbitrators. The place
of arbitration shall be in Geneva, Switzerland, and the proceedings
shall be conducted in English. In cases involving a single arbiter,
that single arbiter shall be appointed by mutual agreement of the parties.
If the parties fail to agree to an arbiter within fifteen (15) days,
the ICC shall choose an arbiter knowledgeable in computer software law,
information security and cryptography or otherwise having special qualifications
in the field, such as a lawyer, academician, or judge in common law
jurisdiction.
Nothing in this Agreement
will be deemed as preventing either party from seeking injunctive relief
(or any other provisional remedy) from any court having jurisdiction
over the parities and the subject matter of this dispute as is necessary
to protect either party's name, proprietary information, trade secret,
know-how, or, or any other intellectual property rights.
16. Non-Assignment.
Except as stated otherwise, your rights under this Agreement are not
assignable or transferable. Any attempt by your creditors to obtain
an interest in your rights herein, whether by attachment, levy, garnishment
or otherwise, renders this Agreement voidable at VeriSign's option.
17. Notices.
You will make all notices, demands or requests to VeriSign with respect
to this Agreement in writing to: Attn: General Counsel, VeriSign, Inc.,
487 East Middlefield Road, Mountain View, California, 94043, USA .
18. Entire Agreement.
This Agreement constitute the entire understanding and agreement between
VeriSign and you with respect to the transactions contemplated, and
supersedes any and all prior or contemporaneous oral or written representation,
understanding, agreement or communication relating thereto.
VeriSign Relying Party
Agreement Version 3.0
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