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VERISIGN™ SECURE SITE SEAL LICENSE AGREEMENT 2.5
YOU MUST READ THIS VERISIGN™ SECURE SITE SEAL
LICENSE AGREEMENT ("SEAL LICENSE AGREEMENT") CAREFULLY BEFORE
APPLYING FOR, ACCEPTING OR USING A SECURE SITE SEAL (AS DEFINED HEREIN),
HEREINAFTER KNOWN AS ("SEAL"). IF YOU DO NOT AGREE TO THE
TERMS OF THIS SEAL LICENSE AGREEMENT, YOU SHALL NOT AND AGREE NOT TO
APPLY FOR, ACCEPT OR USE THE SEAL. BY CLICKING "I ACCEPT"
OR BY ACCEPTING OR USING A SEAL, YOU AGREE TO BECOME A PARTY TO, AND
BE BOUND BY, THE TERMS OF THIS SEAL LICENSE AGREEMENT AND THIS SITE
SEAL LICENSE IS ENTERED INTO BETWEEN VERISIGN (AS FURTHER DEFINED BELOW)
AND THE ORGANISATION EXECUTING THIS SEAL LICENSE AGREEMENT ("YOU"
AND "YOUR").
ALL REFERENCES TO "VERISIGN" IN THIS
SEAL LICENSE AGREEMENT SHALL BE UNDERSTOOD AS REFERENCES TO: (I) VERISIGN,
INC., IF YOU HAVE APPLIED FOR YOUR SEAL ON THE VERISIGN.COM WEBSITE
(IN WHICH CASE, YOU ARE A "VERISIGN INC. CUSTOMER"); (II)
VERISIGN SPAIN, S.L., IF YOU HAVE APPLIED FOR YOUR SEAL ON THE VERISIGN.ES
WEBSITE (IN WHICH CASE YOU ARE A "VERISIGN SPAIN CUSTOMER");
(III) VERISIGN UK LIMITED, IF YOU HAVE APPLIED FOR YOUR SEAL ON THE
VERISIGN.CO.UK WEBSITE (IN WHICH CASE YOU ARE A "VERISIGN UK CUSTOMER");
(IV) VERISIGN FRANCE SA, IF YOU HAVE APPLIED FOR YOUR SEAL ON THE VERISIGN.FR
WEBSITE (IN WHICH CASE YOU ARE A "VERISIGN FRANCE CUSTOMER");
AND (V) VERISIGN DEUTSCHLAND GMBH (IN WHICH CASE YOU ARE A "VERISIGN
GERMANY CUSTOMER"). VERISIGN UK CUSTOMERS, VERISIGN SPAIN CUSTOMERS,
VERISIGN FRANCE CUSTOMERS, AND VERISIGN GERMANY CUSTOMERS MAY ALSO BE
REFERRED TO AS "VERISIGN INTERNATIONAL CUSTOMERS."
IF YOU ARE THE CUSTOMER OF A WEB HOST (AS DEFINED
HEREIN), YOU GUARANTEE THAT YOUR WEB HOST IS AUTHORISED TO APPLY FOR,
ACCEPT, INSTALL, MAINTAIN AND, IF NECESSARY, INITIATE REVOCATION OF
THE SEAL ON YOUR BEHALF. BY DISPLAYING THE SEAL, YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS SEAL LICENSE AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS SEAL LICENSE AGREEMENT, PLEASE DO NOT DISPLAY
THE SEAL.
IF YOU ARE A WEB HOST AND ARE ACTING AS THE
AUTHORISED REPRESENTATIVE OF A CUSTOMER IN APPLYING FOR A SEAL, YOU
GUARANTEE AS SET FORTH IN SECTION 6.2. IF YOU ARE A WEB HOST AND ARE
APPLYING FOR YOUR OWN SEAL, THIS SEAL LICENSE AGREEMENT APPLIES TO YOU
IN ITS ENTIRETY, EXCEPT FOR SECTION 6.2.
1. Definitions
"Applicant" is an individual or organisation that
requests the issue of a Seal from VeriSign; provided, however, that
when a Web Host acts on behalf of its customer through the VeriSign
ISP Center, such customer shall be deemed the Applicant.
"Application" is a request from an Applicant (or
Web Host on behalf of the Applicant) to VeriSign for the issue of a
Seal.
"Authenticate" or "Authentication" shall mean the actions VeriSign
takes to confirm that a Subscriber organisation or individual does in
fact exist, that the individual or organisation has authorised the Application
and that the person submitting the Application on behalf of the Subscriber
is authorised to do so.
"Certificate" shall mean a Secure Site Certificate,
Secure Site Pro Certificate, Managed PKI for SSL Certificate, Managed
PKI for SSL Premium Edition Certificate or Shared Hosting Security Service
Certificate.
"Gold Seal" is an electronic image featuring VeriSign's
likeness and marks. Subject to Section 3, when displayed by You on Your
Website, the image (i) indicates to a visitor to Your Website that all
transactions sent from or received by addresses that begin with "https"
at Your Website are secured by a Secure Site Certificate, Secure Site
Pro Certificate, Managed PKI for SSL Certificate or Managed PKI for
SSL Premium Edition Certificate; and (ii) when such visitor clicks the
image, the Splash Page is displayed.
"Managed PKI for SSL Certificate" shall mean a Class
3 organisational Certificate issued using Your Managed PKI for SSL account
used for approving Certificates within designated domains that supports
only 40-bit SSL sessions between export-version clients and servers
and strong 128-bit SSL sessions between other clients and servers.
"Managed PKI for SSL Premium Edition Certificate"
shall mean a Class 3 organisational Certificate issued using Your Managed
PKI for SSL Premium Edition account used for approving Certificates
within designated domains that supports strong 128-bit SSL sessions
between clients and servers, including export-version clients and servers
(consistent with applicable export laws).
"Repository" shall mean the collection of documents
located at http://www.verisign.com/repository (for VeriSign,
Inc. Customers),
http://www.verisign.co.uk/repository (for VeriSign
UK Customers),
http://www.verisign.es/repository (for VeriSign
Spain Customers),
http://www.verisign.fr/repository (for VeriSign
France Customers), and
http://www.verisign.de/repository (for VeriSign
Germany Customers).
"Secure Site Seal" or "Seal" shall mean either a Gold Seal or Silver Seal.
"Secure Site Seal Installation Instructions" shall
mean that set of instructions that may be viewed on the Repository and/or
that the Applicant receives with a Seal.
"Secure Site Certificate" or "Secure Server ID" shall mean a Class 3 organisational
Certificate that supports only 40-bit SSL sessions between export-version
clients and servers and strong 128-bit SSL sessions between other clients
and servers.
"Secure Site Pro Certificate" or "Global Server ID" shall mean a Class 3 organisational
Certificate that supports strong 128-bit SSL sessions between clients
and servers, including between export-version clients and servers (consistent
with applicable export laws).
"Server" shall mean a computer or device on a network
that manages network resources, including but not limited to a Web,
e-mail, file or application server.
"Shared Hosting Security Service" shall mean a service
that combines a Shared Hosting Security Service Certificate obtained
by a Web Host with the Silver Seal that is displayed by shared Web hosting
customers of the Web Host.
"Shared Hosting Security Service Certificate" shall
mean a Class 3 organisational Certificate used by Web Hosts who offer
shared Web hosting services to support SSL sessions between Web browsers
and their shared Web hosting customers' respective websites.
"Silver Seal" is an electronic image featuring VeriSign's
likeness and marks. Subject to Section 3, when displayed by You on Your
Website, the image (i) indicates to a visitor to Your Website that all
transactions sent from or received by addresses that begin with "https"
at Your Website are secured by a Shared Hosting Security Service Certificate;
and (ii) when such visitor clicks the image, the Splash Page is displayed.
"Splash Page" is a Web page generated and hosted
by VeriSign that is displayed when a visitor to Your Website clicks
on the Seal on Your Website. Such Web page provides such visitor with
Authenticated information and the status of Your Certificate.
"Subscriber" is an individual or organisation that
has been issued with a Seal, provided, however, that an entity acting
as a Web Host that submits an Application on behalf of its customer
and manages the lifecycle processes of such customer's Seal is not the
Subscriber and the Web Host's customer is the actual Subscriber and
is ultimately responsible for the Subscriber's obligations under the
Seal License Agreement.
"VeriSign ISP Center" is the set of secure Web pages
set up by VeriSign and hosted on and connected to VeriSign's Web Servers
wherein Web Host may enrol on behalf of its customers for VeriSign Seals
and Certificates.
"VeriSign Trust NetworkTM" ("VTN") shall mean the
VeriSign Trust Network that is a global public key infrastructure that
provides Certificates for both wired and wireless applications.
"Web Host" shall mean an entity, such as an Internet
Service Provider ("ISP") or Web hosting service provider,
hosting the website of another.
2. License. Subject to the terms and conditions of this Seal
License Agreement, VeriSign grants to You a nonexclusive, non-transferable,
non-sublicenseable license during the term of this Seal License Agreement
to: (a) in accordance with the Secure Site Seal Installation Instructions
(which may be accessed from the Repository), download, install and display
on Your Website (i.e. on a Web page owned by You with the same domain
name as the domain name in Your Application) a single copy of the (i)
Gold Seal that was issued along with Your Secure Site Certificate, Secure
Site Pro Certificate, Managed PKI for SSL Certificate or Managed PKI
for SSL Premium Edition Certificate; or (ii) Silver Seal that was issued
in conjunction with Your Web Host's Shared Hosting Security Service
Certificate that is securing Your Website; (b) if You have been issued
a Gold Seal, in accordance with the Secure Site Seal Installation Instructions
(which may be accessed from the Repository), install the HTML code for
Flash version(s) of the Gold Seal on Your Web site to enable visitors
to Your Website to generate the JavaScript and Flash files to view the
Gold Seal and Splash Page hosted by VeriSign; and (c) use the Secure
Site Seal solely for the purpose of identifying You and Your Website
as a VeriSign Secure Site Seal customer.
3. License Restrictions.
3.1 General Use Restrictions. You are prohibited from using
Your Seal (a) for or on behalf of any other organisation or (b) in connection
with any domain name and/or organisation name other than that submitted
by You in Your Application.
3.2 Immediate Termination. If Your organisational name and/or
domain name registration change, You must immediately notify VeriSign,
cease displaying and using Your Seal and this Seal License Agreement
automatically terminates. VeriSign also retains the right to terminate
this Seal License Agreement immediately, if You or Your Web Host has:
(a) installed Your Certificate and fails to perform any of Your/its
obligations under the applicable Subscriber agreement; (b) failed to
perform Your/its obligations hereunder (including but not limited to
material breaches); or (c) compromised the security or integrity of
the VTN.
3.3 Obligations upon Termination or Expiry. Upon termination
or expiry of this Seal License Agreement, in the event that the Seal
is installed on Your Website rather than hosted by VeriSign, You shall
immediately and permanently remove the Seal from the Server(s) on which
it is installed and shall not use it for any purpose thereafter.
3.4 Intellectual Property Use Restrictions. You shall not copy,
sell, rent, lease, transfer, assign or sublicense the Seal, in whole
or in part. You shall not alter or tamper with the Seal in any way,
including but not limited to skewing; modifying the colour, size, pattern
and fonts; and separating logo elements, copyright and trademark indicators,
or attempting to alter or suppress access to the Splash Page. You shall
take no action that will interfere with or diminish VeriSign's rights
in the Seal or underlying products and services. You shall not use the
Seal in any way as an endorsement or to suggest an endorsement by VeriSign
of Your Website, content, products, services or otherwise. If You believe
that the Secure Site Seal has been copied in any way that constitutes
intellectual property rights infringement, please contact VeriSign immediately.
Breach of any of the above restrictions shall be considered a material
breach of this Seal License Agreement as a result of which VeriSign
shall have the right to terminate this Seal License Agreement immediately.
3.5 High Volume Option. If You are using the Flash version
of the Gold Seal, in the event that Your volume of Web page views on
Your site that use the Gold Seal exceeds 10,000 per day, then VeriSign
reserves the right to require You to host the Gold Seal on Your Website
in accordance with instructions to be provided by VeriSign if You desire
to continue to display the Gold Seal. VeriSign will provide no less
than thirty (30) days written or electronic notice of the requirement
for You to host the Gold Seal. After such period, VeriSign may cease
displaying the Gold Seal on Your behalf and this Seal License Agreement
will be terminated or suspended until such time as You host the Gold
Seal on Your Website, in accordance with instructions to be provided
by VeriSign.
4. Obtaining the Seal.
4.1 Gold Seal. In order to obtain and display the Gold Seal,
You must first apply for and obtain the Certificate pursuant to a separate
enrolment and application process. Upon VeriSign's completion of the
Authentication procedures required for the Certificate, You will be
issued with Your Certificate and will receive the right to display Your
Gold Seal in accordance with this Seal License Agreement.
4.2 Silver Seal. Upon VeriSign's completion of the Authentication
procedures required for the Silver Seal, VeriSign will process Your
Application, and VeriSign will notify the technical contact listed therein
of whether Your Application is approved or rejected. If Your Application
is approved, VeriSign will issue You with a Silver Seal for use in accordance
with this Seal License Agreement. After You receive Your Seal, You must
review the information in it before using it and promptly notify VeriSign
of any errors.
5. Intellectual Property Rights. You acknowledge that VeriSign,
its vendors and/or its licensors retain all intellectual property rights
("Intellectual Property Rights") in and to the ideas, concepts,
techniques, inventions, processes or works of authorship comprising,
embodied in or practiced in connection with the Seal, HTML code, Flash
and JavaScript files and other products or services provided by VeriSign
hereunder. You shall not acquire any rights of any kind in the Seal,
software, documentation, trademarks, service marks, trade names or product
names.
6. Representations and Guarantees.
6.1 Your Guarantees. You guarantee to VeriSign and all that
reasonably rely on the information contained in the Application and
Your Seal, that at the time of submission of the Application through
the term of this Seal License Agreement: (a) all of the information
submitted by You in the Application and the representations made by
You under this Seal License Agreement are true and correct; (b) without
limiting the generality of the foregoing, You represent and guarantee
that You are the organisation and that You have the right to use the
domain name listed in the Application submitted by You; (c) the information
You provided in the Application (including e-mail address) does not
infringe the intellectual property rights of any third parties; and
(d) You will use the Seal in accordance with this Seal License Agreement
only.
6.2 Web Host Representations and Guarantees. Web Host represents
and guarantees to VeriSign and anyone who relies on its customer's Seal
that: (a) it has the authority of its customer to enter into this Seal
License Agreement on such customer's behalf; (b) it shall procure its
customer's compliance with the terms and conditions of this Seal License
Agreement; (c) any customer information it includes in the Application
for a Seal shall be the exact information provided to it by such customer;
(d) any of its information in the Application for a Seal is accurate
and true; (e) its information in an Application (including e-mail address)
does not infringe the intellectual property rights of any third parties;
(f) it will use its customer's Seal in accordance with this Seal License
Agreement only; and (g) it has the authority of its customer to provide
customer's information to VeriSign in accordance with the VeriSign privacy
policy.
6.3 VeriSign's Limited Guarantees. VeriSign guarantees to You
that at the time it provides the Seal hereunder, VeriSign: (a) originated
no material misrepresentations of fact therein; and (b) introduced no
errors in the information in the Seal as a result of a failure to exercise
reasonable care in creating the Seal.
7. Disclaimer of Guarantees and Limitation of Liability.
7.1 DISCLAIMER OF GUARANTEES. YOU AGREE THAT YOUR USE OF THE
SEAL IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SEALS ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS
OTHERWISE NOTED IN THIS SEAL LICENSE AGREEMENT. VERISIGN EXPRESSLY DISCLAIMS
ALL GUARANTEES, TERMS, CONDITIONS OR REPRESENTATIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED GUARANTEES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY
AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY APPLICABLE LAW. OTHER
THAN THE GUARANTEES AS SET FORTH IN SECTION 6, VERISIGN DOES NOT MAKE
ANY GUARANTEE, TERM, CONDITION OR REPRESENTATION THAT THE SEAL WILL
MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE; NOR DOES VERISIGN MAKE ANY GUARANTEE, TERM, CONDITION
OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SEAL OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH VERISIGN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM VERISIGN OR THROUGH VERISIGN SHALL CREATE ANY GUARANTEE
NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON AND AGREE THAT YOU DO
NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT THAT JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN GUARANTEES, SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. VERISIGN IS NOT RESPONSIBLE FOR AND
SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES
PURCHASED BY YOU FROM A THIRD PARTY.
7.2 LIMITATION OF LIABILITY. VERISIGN DOES NOT LIMIT ITS LIABILITY
FOR FRAUD OR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. SUBJECT
TO THE PROVISIONS OF THIS SECTION 7.2; (A) IN NO EVENT SHALL VERISIGN'S
AGGREGATE LIABILITY TO ANY AND ALL PERSONS FOR ANY AND ALL CLAIMS, LOSSES,
OR DAMAGES RELATING TO, IN WHOLE OR IN PART, THIS SEAL LICENSE AGREEMENT
OR A SEAL, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EXCEED THE GREATER OF THE: (a) TWICE THE SERVICE FEES PAID BY YOU FOR
(i) THE SILVER SEAL OR (ii) A CERTIFICATE AND ITS GOLD SEAL; OR (b)
ONE HUNDRED THOUSAND DOLLARS ($100,000); (B) UNDER NO CIRCUMSTANCES
WHATSOEVER SHALL VERISIGN BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES,
OR FOR LOST PROFITS, DATA, REVENUE OR LOSS RESULTING FROM BUSINESS INTERRUPTION;
AND (C) UNDER NO CIRCUMSTANCES WHATSOEVER SHALL VERISIGN BE LIABLE FOR
SPECIAL, RELIANCE OR INCIDENTAL DAMAGE, EVEN IF VERISIGN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnity. You shall indemnify VeriSign and its directors,
officers, agents, employees, contractors, parents, affiliates or subsidiaries
(collectively, the "Indemnified Parties") and hold the Indemnified
Parties harmless from and against any losses, costs, damages, expenses
and fees (including attorneys' fees) incurred by the Indemnified Parties
in connection with: (a) any breach by You of any guarantee, term, condition
or obligation under this Seal License Agreement (including but not limited
to infringement of any Intellectual Property Right); or (b) Your unauthorised
acts or omissions related to the unauthorised use of the Seal (collectively,
the "Indemnity Conditions"). Upon appropriate notice, You
shall defend, at Your expense, any claim brought against one or more
of the Indemnified Parties based on or arising from one or more of the
Indemnity Conditions.
9. Termination. This Seal License Agreement is coterminous
with the validity of the Certificate securing the Server where the Seal
is displayed. The provisions of Sections 3.3, 4, 5, 7-8, 9 and 12-17
shall survive termination.
10. Modifications to Seal License Agreement. Except as otherwise
provided in this Seal License Agreement, You agree, during the term
of this Seal License Agreement, that VeriSign may: (a) revise the terms
and conditions of this Seal License Agreement; and/or (b) change part
of the services provided under this Seal License Agreement at any time.
Any such revision or change will be binding and effective thirty (30)
days after posting of the revised Seal License Agreement or change to
the service(s) on VeriSign's website, or upon notification to You by
e-mail. You agree to periodically review VeriSign's website, including
the current version of this Seal License Agreement available on VeriSign's
website, to be aware of any such revisions. If You do not agree with
any revision to the Seal License Agreement, You shall immediately cease
using and displaying the Seal. By continuing to use and display Your
Seal after any revision to this Seal License Agreement or change in
service(s), You agree to abide by and be bound by any such revisions
or changes.
11. Privacy. VeriSign may place in Your Seal certain information
that You provide for inclusion in Your Seal. For further information
on the processing of personal data, You should review VeriSign's Privacy
Statement which is accessible from VeriSign's home page or the Repository.
12. Force Majeure. Except for the indemnity obligations hereunder,
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 due to earthquake, flood,
fire, storm, natural disaster, act of God, war, armed conflict, terrorist
action, industrial strike, lockout, boycott or other matter outside
its reasonable control, provided that the party relying upon this Section
shall (a) have given the other party written notice thereof promptly
and, in any event, within five (5) days of discovery thereof; and (b)
take all reasonable steps reasonably necessary under the circumstances
to mitigate the effects of the force majeure event upon which such notice
is based; provided further, that in the event a force majeure event
described in this Section extends for a period in excess of thirty (30)
days in aggregate, the other party may immediately terminate this Seal
License Agreement.
13. Severability. You agree that the terms of this Seal License
Agreement are severable. If any term or provision is declared invalid
or unenforceable, in whole or in part, that term or provision will not
affect the remainder of this Seal License Agreement; this Seal License
Agreement will be deemed amended to the extent necessary to make this
Seal License Agreement enforceable, valid and, to the maximum extent
possible, consistent with applicable law, consistent with the original
intentions of the parties; and the remaining terms and provisions will
remain in full force and effect.
14. Governing Law and Dispute Resolutions.
14.1 Governing Law. The Parties agree that this contract is
made and performed in Santa Clara County, California, U.S.A. This Seal
License Agreement shall be governed by the laws of the State of California,
without reference to conflict of law principles. The Parties agree that
the United Nations Convention on Contracts for the International Sale
of Goods shall not apply to this Seal License Agreement.
14.2 Dispute Resolution. To the extent permitted by law, before
You may invoke any dispute resolution mechanism with respect to a dispute
involving any aspect of this Seal License Agreement, You shall notify
VeriSign, and any other party to the dispute for the purpose of seeking
dispute 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 suits to enforce any provision of this Seal License Agreement or
arising in connection with this Seal License Agreement shall be brought
in the United States District Court for the Northern District of California
or the Superior or Municipal Court in and for the County of Santa Clara,
California, U.S.A. The parties agree that such courts shall have exclusive
in personam jurisdiction and venue and the parties submit to the exclusive
in personam jurisdiction and venue of such courts. The parties further
waive any right to a jury trial regarding any action brought in connection
with this Seal License 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
Seal License 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 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, academic or judge in common law jurisdiction.
Nothing in this Seal License Agreement will be deemed as preventing
either party from seeking injunctive relief (or any other provisional
remedy) from any court having jurisdiction over the parties and the
subject matter of this dispute as is necessary to protect either party's
name, proprietary information, trade secret, know-how or any other intellectual
property rights.
15. Non-Assignment. Except as otherwise set forth herein, Your
rights under this Seal License Agreement are not assignable or transferable.
Any attempt by Your creditors to obtain an interest in Your rights under
this Seal License Agreement, whether by attachment, levy, garnishment
or otherwise, renders this Seal License Agreement voidable at VeriSign's
option.
16. Notices and Communications. If You are a VeriSign, Inc.
Customer, You will make all notices, demands or requests to VeriSign
with respect to this Seal License Agreement in writing to: Attn: General
Counsel, VeriSign, Inc., 487 E. Middlefield Road, Mountain View, California,
USA 94043. References to telephone numbers above shall mean 1-650-426-3400.
If You are a VeriSign Spain Customer, You will
make all notices, demands or requests to VeriSign with respect to this
Seal License Agreement in writing to: VeriSign Spain, S.L., Serrano
240, 5th Floor, Madrid, Spain 28016, with a copy to: Attn: General Counsel,
VeriSign, Inc., 487 E. Middlefield Road, Mountain View, California,
USA 94043. References to telephone numbers above shall mean +34-91-344-0586.
If You are a VeriSign UK Customer, You will
make all notices, demands or requests to VeriSign with respect to this
Seal License Agreement in writing to: VeriSign UK Limited, St. James
House, 13 Kensington Square, London W8 5HD, England, with a copy to:
Attn: General Counsel, VeriSign, Inc., 487 E. Middlefield Road, Mountain
View, California, USA 94043. References to telephone numbers above shall
mean 1-650-426-3400.
If You are a VeriSign France Customer, You
will make all notices, demands or requests to VeriSign with respect
to this Seal License Agreement in writing to: VeriSign France SA, 2229,
route des Crêtes, 06560 Valbonne, Sophia Antipolis, France, with a copy
to: Attn: General Counsel, VeriSign, Inc., 487 E. Middlefield Road,
Mountain View, California, USA 94043. References to telephone numbers
above shall mean 1-650-426-3400.
If You are a VeriSign Germany Customer, You
will make all notices, demands or requests to VeriSign with respect
to this Seal License Agreement in writing to: VeriSign Deutschland GmbH,
Tempelhofer Ufer 37, 10963 Berlin, with a copy to: Attn: General Counsel,
VeriSign, Inc., 487 E. Middlefield Road, Mountain View, California,
USA 94043. References to telephone numbers above shall mean +49-30-269-320.
17. Entire Agreement. This Seal License Agreement, and, if
You are a Web Host, Your Web Host agreement with VeriSign, constitutes
the entire understanding and agreement between VeriSign and You with
respect to the transactions contemplated, and supercedes any and all
prior or contemporaneous oral or written representation, understanding,
agreement or communication between VeriSign and You concerning the subject
matter hereof. Neither party is relying upon any guarantees, representations,
assurances or inducements not expressly set forth herein and neither
party shall have any liability in relation to any representation or
other assurance not expressly set forth herein, unless it was made fraudulently.
Section headings are inserted for convenience of reference only and
are not intended to be part of or to affect the meaning this Seal License
Agreement. Terms and conditions in any purchase orders that are not
included in this Seal License Agreement or that conflict with this Seal
License Agreement are null and void.
VeriSign™ Secure Site Seal License Agreement
Version 2.5
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