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Any person or company using a valid thawte SSL Web Server certificate or SGC SuperCert is permitted to display the relevant thawte Trusted Site Seal on their website.

If you are not using a thawte certificate on your website, you are not entitled to use the thawte Trusted Site Seal .

  • The thawte Trusted Site Seal will only display correctly for the exact domain you acquired a certificate for.
  • If the secure part of your site has a different top-level domain, you are not allowed to display a site seal.
  • If the secure part of your site has the same Top Level Domain but a different host (i.e. www.domain.com is a registered domain but secure.domain.com is the secure part of the site) you may display our Second Tier Trusted Seal.

You also agree to receive communications from us from time to time.

Alterations to the thawte Trusted Site Seal
You may not alter the thawte Trusted Site Seal displayed on the Site Seal page.

Prohibited Use
The thawte Trusted Site Seal may not be used in any way that will mislead Internet users into believing that a web page or website is secure, when in fact it is not.

Intellectual Property Rights
The name " thawte " is the registered trademark of Thawte Consulting (Pty) Ltd, a VeriSign Inc. Company, and any company other than Thawte. has no rights in and to the name " thawte ", and to it's various logos and Site Seals, and may only use them as specified in these Conditions of Use.

Optional Text to Use with thawte Trusted Site Seal
If you qualify to use the thawte Trusted Site Seal you may use the following text to explain its use:
"This web site is secured using a thawte Digital Certificate. This ensures that all information you send to us via the World Wide Web will be encrypted. Please click on the thawte Trusted Site Seal which demonstrates our commitment to your security."

VeriSign Inc.
Nothing contained herein authorizes you to use the various VeriSign logos and Site Seals.

By using a thawte logo or thawte Trusted Site Seal on your web site, you indicate your acceptance of these conditions of use of thawte's logos and Site Seals.


THAWTE SSL SERVER AND SUPER CERT SUBSCRIBER AGREEMENT

YOU MUST READ THIS SUBSCRIBER AGREEMENT ("AGREEMENT") BEFORE APPLYING FOR, ACCEPTING, OR USING A thawteSSL SERVER CERTIFICATE OR A thawteSUPERCERT (BOTH REFERRED TO HEREIN AS A "CERTIFICATE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE CERTIFICATE.

THIS AGREEMENT will become effective on the date you submit the certificate application to Thawte. By submitting this Agreement (and certificate application) you are requesting that thawteissue a Certificate to you and are expressing your agreement to the terms of this Agreement. Thawte"s Certificate services are governed by Thawte"s Certification Practice Statement (the "CPS") as amended from time to time. The CPS is published on the Internet at http://www.thawte.com/cps/.

1. Definitions:
The capitalized terms used in this Agreement shall have the following meanings unless otherwise specified:

"Compromise" shall mean a loss, theft, disclosure, modification, unauthorized use, or other compromise of the security of a private key.

"Derivative Work" shall have the meaning set forth in Section 8 of this Agreement.

"Device" shall mean a network management tool, such as a server load balancer or SSL accelerator, that routes electronic data from one point to single or multiple devices or servers.

"High Assurance Certificates" require an organization to provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist, that the organization has authorized the Certificate Application, and that the person submitting the Certificate Application on behalf of the Subscriber was authorized to do so.

"Licensing Option" shall mean the specific licensing option on the enrollment screen that permits a subscriber to use of a Certificate on one physical Device and obtain additional Certificate licenses for each physical server that each Device manages, or where replicated Certificates may otherwise reside

"Relying Party" shall mean an individual or organization that acts in reliance on a certificate and/or a digital signature.

"Subscriber" shall mean an organization that owns the equipment or device that is the subject of, and has been issued, a Certificate. A Subscriber is capable of using and is authorized to use, the private key that corresponds to the public key listed in the Certificate.

"Subscriber Agreement" shall mean an agreement used by thawtesetting forth the terms and conditions under which an organization acts as a Subscriber.

"SuperCerts" shall mean a High Assurance organizational Certificate used to support Secure Sockets Layer ("SSL") sessions between web browsers and web servers (including Devices) that are encrypted using strong cryptographic protection consistent with applicable export laws.

"thawteIntellectual Property Rights" shall have the meaning set forth in Section 8 of this Agreement.

"thawtePKI" shall mean the thawtePublic Key Infrastructure that provides Certificates for individuals and organizations.

2. Description of the Certificate.
This section sets forth the terms and conditions regarding your application ("Certificate Application") for a Certificate and, if thawteaccepts your Certificate Application, the terms and conditions regarding the your use of the Certificate to be issued by thawteto you as "Subscriber" of that Certificate. A "Certificate" is a digitally signed message that contains a Subscriber"s public key and associates it with information authenticated by thawteor a Thawte-authorized entity. The Certificate provided under this Agreement is issued within the thawtePKI by Thawte, Inc.

The Certificate for which you have applied on behalf of your organization is a High Assurance organizational Certificate within the thawtePKI. High Assurance organizational Certificates are issued to Devices to provide authentication, message, software, and content integrity and signing, and confidentiality encryption. High Assurance organizational Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist, that the organization has authorized the Certificate Application, and that the person submitting the Certificate Application on behalf of the Subscriber was authorized to do so. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application. For more detailed information about Thawte"s certification services, please see the thawteCPS.

The Subscriber acknowledges that SuperCerts are only compatible with version 4.7 or later of Netscape Communicator, and with version 5.01 or later of Microsoft Internet Explorer.

3. Processing Your Certificate Application.
Upon Thawte"s receipt of the necessary payment and upon completion of authentication procedures required for the Certificate you have purchased, thawtewill process your Certificate Application. thawtewill notify you whether your Certificate Application is approved or rejected. If your Certificate Application is approved, thawtewill issue you a Certificate for your use in accordance with this Subscriber Agreement. Your use of the PIN from thawteto pick up the Certificate or otherwise installing or using the Certificate is considered your acceptance of the Certificate. After you pick up or otherwise install your Certificate, you must review the information in it before using it and promptly notify thawteof any errors. Upon receipt of such notice, thawtemay revoke your Certificate and issue a corrected Certificate.

4. Use Restrictions.
You are prohibited from using your Certificate (i) for or on behalf of any other organization, or (ii) to perform private or public key operations in connection with any domain name and/or organization name other than the submitted by you during enrolment. You are also prohibited from using your Certificate on more than one server at a time, except where you have purchased the specific licensing option on the enrollment screen that permits the use of a Certificate on multiple servers (the "Licensing Option"). In the event you purchase the Licensing Option, you hereby acknowledge and agree that (i) there are increased risks of private key compromise associated with copying Certificates and private keys on multiple servers; and (ii) you may not copy the Certificate on more than five (5) servers. If you choose to display Thawte"s Authentic Site Seal (the "Seal"), you must install and display such Seal only in accordance with the Conditions of Use of the thawteSite Seals (http://www.thawte.com/html/CORPORATE/agreement.html) ("Conditions of Use").

5. Revocation.
If you discover or have reason to believe there has been a Compromise of your private key or the activation data protecting such private key, or the information within the Certificate is incorrect or has changed, or if your organizational name and/or domain name registration has changed, you must immediately notify thawteand request revocation of the Certificate and you must notify any person that may reasonably be expected by you to rely on or to provide services in support of the Certificate or a digital signature verifiable with reference to the Certificate. thawteretains the right to revoke your Certificate if, within forty-five (45) days of receiving an invoice from Thawte, you do not pay the invoice. thawtealso retains the right to revoke your Certificate if you have installed a Seal and fail to perform any other material obligations under the terms of this Subscriber Agreement or if, in Thawte"s sole discretion, thawtedetermines that you have or may have compromised the security or integrity of the thawtePKI.

6. Obligations Upon Revocation or Expiration.
Upon expiration or notice of revocation of your Certificate, you shall permanently remove your Certificate from the server on which it is installed and shall not use it for any purpose.

7. Fees, Payments and Term of Service.
As consideration for the Certificate and associated services you have purchased, you agree to pay thawtethe applicable service(s) fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice from Thawte. All fees are due immediately and are non-refundable, except as otherwise expressly noted below in this Subscriber Agreement. Any renewal of your services with thawteis subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal. thawtewill provide you notice prior to the renewal of your services at least thirty (30) days in advance of the renewal date. You are solely responsible for the credit card information you provide to thawteand must promptly inform thawteof any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. thawteshall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. You agree to pay all value added, sales and other taxes (other than taxes based on Thawte"s income) related to thawteservices or payments made by you hereunder. All payments of fees for thawteservices shall be made in U.S. dollars. Set up fees, if any, will become payable on the applicable effective date for the applicable thawteservices. You are responsible for notifying thawteof the need to purchase additional Certificates with the Licensed Certificate Option described herein. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5per month or the maximum amount allowed by law, whichever is less.

8. Ownership.
Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software; and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the thawteservices identified herein ("thawteIntellectual Property Rights") are owned by thawteor its licensors, and you agree to make no claim of interest in or ownership of any such thawteIntellectual Property Rights. You acknowledge that no title to the thawteIntellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the thawteor its licensors" service, other than the rights expressly granted in this Subscriber Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more pre-existing versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such pre-existing works may be recast, transformed or adapted) such Derivative Work shall be owned by thawteand all right, title and interest in and to each such Derivative Work shall automatically vest in Thawte. thawteshall have no obligation to grant you any right in any such Derivative Work. You may not reverse engineer, disassemble or decompile the thawteIntellectual Property or make any attempt to obtain source code to the thawteIntellectual Property. You have the right to use the Certificate under the terms and conditions of this Subscriber Agreement.

9. Modifications to Subscriber Agreement
Except as otherwise provided in this Subscriber Agreement, you agree, during the term of this Subscriber Agreement, that thawtemay: (i) revise the terms and conditions of this Subscriber Agreement; and/or
(ii) change part of the services provided under this Subscriber Agreement at any time. Any such revision or change will be binding and effective thirty (30) days after posting of the revised Subscriber Agreement or change to the service(s) on Thawte"s Web sites, or upon notification to you by e-mail. You agree to periodically review Thawte"s Web sites, including the current version of this Subscriber Agreement available on Thawte"s Web sites, to be aware of any such revisions. If you do not agree with any revision to the Subscriber Agreement, you may terminate this Subscriber Agreement at any time by providing thawtewith notice. Notice of your termination will be effective on receipt and processing by Thawte. Any fees paid by you if you terminate this Subscriber Agreement are non-refundable. By continuing to use thawteservices after any revision to this Subscriber Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. thawteis not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for Thawte"s services; or in
(ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of thawteis authorized to alter or amend the terms and conditions of this Subscriber Agreement.

10. Privacy.
You agree that thawtemay place in your Certificate certain information that you provide for inclusion in your Certificate. You also agree that thawtemay publish your Certificate and information about its status in Thawte"s repository of Certificate information and make this information available to other repositories.

11. Refund Policy.
11.1 Before A Certificate Is Issued. If you cancel a Certificate request before the Certificate has been issued, thawtewill refund you any amount paid, less an administration fee of 10if documents have been received and work has been performed on the Certificate Application. To request a refund, please email barbarac@thawte.com.
11.2. After Certificate Has Been Issued. If you cancel a certificate after the Certificate has been issued, you must request a refund to the thawteaccount manager allocated to your Certificate Application.
(i) If you lose the private key for the Certificate, within 30 days of the Certificate"s issuance, you will be entitled to have the Certificate reissued at a discounted rate of Fifty Dollars ($50.00 US).
(ii) If you require a new Certificate, because of an error in the information submitted to thawteduring the enrollment process, you will not be eligible for a refund. (The original certificate will be revoked and a new Certificate shall be reissued.)
(iii) If the reason for the revocation is due to thawtebreaching a warranty or other material obligation under this Agreement, or the thawteCPS, then you will be entitled to a full refund of the Certificate fees paid to Thawte. You may choose to receive a new Certificate at no charge. All re-issued Certificates (and refunds if appropriate) must be authorized by the thawteCustomer Service Manager, or Technical Support Manager.

12. Representations and Warranties.
12.1 thawteRepresentations and Warranties. thawterepresents and warrants to you that (i) there are no errors introduced by thawtein your Certificate information as a result of Thawte"s failure to use reasonable care in creating the Certificate; (ii) your Certificate complies in all material respects with the thawteCPS; and (iii) Thawte"s revocation services and use of a repository conform to the thawteCPS in all material aspects.
12.2 Your Representations and Warranties. You represent and warrant to thawteand anyone who relies on your Certificate that (i) all the information you provide and all the representations you make to thawtein your Certificate Application are accurate; (ii) no Certificate information you provided (including your e-mail address) infringes the intellectual property rights of any third parties; (iii) the Certificate Application information you provided (including your email address) has not been and will not be used for any unlawful purpose; (iv) you have been (since the time of its creation) and will remain the only person possessing your private key and no unauthorized person has had or will have access to your private key; (v) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase, PIN, software, or hardware mechanism protecting your private key and no unauthorized person has had or will have access to the same; (vi) you will use your Certificate exclusively for authorized and legal purposes consistent with this Subscriber Agreement; (vii) you will use your Certificate as an end-user Subscriber and not as a Certification Authority issuing Certificates, certification revocation lists, or otherwise; (viii) each digital signature created using your private key is your 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 Subscriber Agreement as a condition of obtaining a Certificate; and (x) you will not monitor, interfere with, or reverse engineer the technical implementation of the thawtePKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the thawtePKI. 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 the information in a digital certificate issued within the thawtePKI, 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 obligations you might have as a Relying Party under the applicable Relying Party Agreement.

13. Disclaimers of Warranties.
YOU AGREE THAT YOUR USE OF THAWTE"S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS SUBSCRIBER AGREEMENT. thawteEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 13, thawteDOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES thawteMAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THAWTE"S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THAWTE"S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM thawteOR THROUGH THAWTE"S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. thawteIS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

14. Indemnity.
You agree to release, indemnify, defend and hold harmless thawteand any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney"s fees and expenses, of third parties relating to or arising out of (i) this Subscriber Agreement or the breach of your warranties, representations and obligations under this Subscriber Agreement, (ii) falsehoods or misrepresentations of fact by you on the Certificate Application, (iii) any infringement of an intellectual property or other proprietary right of any person or entity, (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 Subscriber Agreement. When thawteis threatened with suit or sued by a third party, thawtemay seek written assurances from you concerning your promise to indemnify Thawte, your failure to provide those assurances may be considered by thawteto be a material breach of this Subscriber Agreement. thawteshall have the right to participate in any defense by you of a third-party claim related to your use of any thawteservices, with counsel of Thawte"s choice at your own expense. You shall have sole responsibility to defend thawteagainst any claim, but you must receive the prior written consent of thawteregarding any related settlement. The terms of this Section 14 will survive any termination or cancellation of this Subscriber Agreement.

15. Limitations of Liability.
This Section applies to liability under contract (including breach of warranty), tort (including negligence and/or strict liability), and any other legal or equitable form of claim. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING RELATED TO SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAWTE"S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO TWO TIMES THE AMOUNT PAID FOR THE CERTIFICATE. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 15 SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. thawteSHALL NOT BE OBLIGATED TO PAY MORE THAN THE TOTAL LIABILITY LIMITATION FOR EACH CERTIFICATE.

16. Force Majeure.
Except for payment and 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, labor strike, lockout, boycott, provided that the party relying upon this Section 16 shall (i) have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) 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 16 extends for a period in excess of thirty (30) days in aggregate, the other party may immediately terminate this Subscriber Agreement.

17. Export.
You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your Certificate, to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, but is not limited to, the export regulations of the United States of America (the "United States"). Specifically, you shall not download or otherwise export or re-export any Certificate into or to
(i) a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, North Korea, Syria, or Taliban controlled areas of Afghanistan or any other country where such use is prohibited under United States export regulations, or
(ii) to anyone on the United States Treasury Department"s list of Specially Designated Nationals or the United States Commerce Department"s Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. WITH RESPECT TO thawteSUPER CERTIFICATES, thawteIS REQUIRED BY LAW TO REPORT TO THE UNITED STATES GOVERNMENT YOUR COMPANY NAME AND ADDRESS IF YOU ARE A NON-UNITED STATES OR CANADA ENTITY OR INDIVIDUAL PURCHASING THE CERTIFICATE. IN THE EVENT YOU EXPORT A CERTIFICATE TO A NON-UNITED STATES OR CANADA ENTITY OR INDIVIDUAL, YOU AGREE TO PROVIDE thawteWITH THE INFORMATION thawteNEEDS IN ORDER TO REPORT SUCH EXPORTS TO THE UNITED STATES GOVERNMENT.

18. Severability.
You agree that the terms of this Subscriber 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 Subscriber Agreement; this Subscriber Agreement will be deemed amended to the extent necessary to make this Subscriber 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.

19. Governing Law.
You and thawteagree that any disputes related to the services provided under this Subscriber Agreement shall be governed in all respects by and construed in accordance with the laws of the State of California, United States of America, excluding its conflict of laws rules.

20. 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 Subscriber Agreement, you shall notify Thawte, 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 organization situated or doing business in Canada or the United States. All suits to enforce any provision of this Subscriber Agreement or arising in connection with this 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 Subscriber Agreement.
(ii) Where one or more parties to the dispute is not a Canadian or U.S. resident or organization situated or doing business in Canada or the United States. All disputes arising in connection with this Subscriber 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 New York or San Francisco, U.S.A., 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 Subscriber 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.

21. Non-Assignment.
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Thawte"s option.

22. Notices.
You will make all notices, demands or requests to thawtewith respect to this Subscriber Agreement in writing to: Attn: General Counsel, VeriSign, Inc., 487 E. Middlefield Road, Mountain View, CA 94043.

23. Entire Agreement.
This Subscriber Agreement, together with the thawteCPS, constitutes the entire understanding and agreement between thawteand you with respect to the transactions contemplated, and supersedes any and all prior or contemporaneous oral or written representation, understanding, agreement or communication between thawteand you concerning the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein. Section headings are inserted for convenience of reference only and are not intended to be part of or to affect the meaning this Subscriber Agreement. Terms and conditions in any purchase orders that are not included in this Subscriber Agreement or that conflict with this Subscriber Agreement are null and void.


THAWTE ROOT CERTIFICATE END USER LICENSE AGREEMENT

This Thawte Root Certificate End User License Agreement (the "Agreement") is entered into by and between Thawte (Pty) ltd., a South African Company, a wholly owned subsidiary of VeriSign, Inc. ("VeriSign"), having its principal place of business at 487 East Middlefield Road, Mountain View, California 94043, and you, the customer desiring to license the Thawte Root Certificates and its designated agent(s) acting on its behalf, including administrative contacts ("Licensee").

This Agreement is effective as of the date Licensee accepts the terms of this Agreement, downloads the Root Certificates, and/or commences use of the Root Certificates (the "Effective Date"). BY CLICKING "I ACCEPT" AT THE END OF THIS AGREEMENT, LICENSEE AGREES TO COMPLY WITH AND BE BOUND BY THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT CLICK "I ACCEPT" AT THE END OF THIS AGREEMENT AND DO NOT DOWNLOAD OR OTHERWISE USE THE ROOT CERTIFICATES.

Licensee and Thawte desire for: (i) Thawte to provide the Thawte Root Certificates to Licensee; and (ii) Licensee to include Thawte Root Certificates as roots in certain of Licensee's products for its own business use.

This Agreement explains Thawte's obligations to Licensee, and Licensee's obligations to Thawte in relation to the Thawte Root Certificates. Additionally, Licensee agrees that the administrative contact for any product or services provided to Licensee is Licensee's agent with full authority to act on Licensee's behalf with respect to such products or services, including the authority to terminate such services or purchase additional services.

1. DEFINITIONS. As used in this Agreement, "Certificate" means a message that, at a minimum, states a name or identifies the entity issuing it ("Certificate Authority"), identifies the subscriber, contains the subscriber's public key, identifies the Certificate's operational period, and is digitally signed by the Certificate Authority; "Root Certificate" means a self-signed Certificate issued by a top-level Certificate Authority within the VeriSign Trust Network to itself, which includes such Certificate Authority's public key; and "Products" means all versions of the Licensee Product with which the Root Certificates are incorporated (including successor products or any major or minor upgrades thereto). The Root Certificates and Root Certificate files to be provided by Thawte to Licensee pursuant to this Agreement are listed on Schedule A attached hereto and incorporated herein by this reference.

2. LICENSE. Subject to the terms hereunder, Thawte grants Licensee during the term of this Agreement a royalty-free, non-exclusive, non-transferable license to (a) use the Root Certificate for the purposes of testing (without the right to modify) and make copies of Root Certificates provided by Thawte in order to include them, unmodified and in full, as roots in Products; and (b) use the relevant logos and trademarks of Thawte during the term of this Agreement solely in Licensee's marketing materials, advertisements, product data sheets, product packaging, and Web sites in conjunction with the distribution of the Root Certificates included in Products and as approved by Thawte. Licensee shall not have the right to further distribute Products without an additional license grant in a separate writing from Thawte.

3. RESTRICTIONS. Licensee shall not: (a) modify or create any derivative works of Root Certificates; (b) assign, sublicense, sell, rent, or lease Thawte's root keys or Root Certificates; (c) use such Root Certificates except as expressly permitted under this Agreement; (d) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels provided in the Root Certificates; or (e) certify, or cause a third party to certify, the public key contained in the Root Certificates by issuing or creating a Certificate containing such public key. If Thawte updates its Root Certificates, Thawte shall post the current Root Certificates on its corporate web site at the URL provided to Licensee for downloading the original Root Certificates. Licensee shall be responsible for periodically checking the Thawte web site at the applicable URL for updates to the Root Certificates. When Licensee becomes aware of updates, Licensee shall include the updated Root Certificates and discontinue all copying and use of the Root Certificates replaced by such updated Root Certificates. Inclusion of a Root Certificate in a Product may be accomplished by embedding the Root Certificate either within the Product or a patch or update to the Product

4. LICENSEE'S OBLIGATIONS. 4.1. Embedding Root Certificates in Products. To the extent Licensee incorporates the Root Certificates into its Products, Licensee shall include the most current Root Certificates from Thawte unmodified and in full as roots in Products during the term of this Agreement. . 4.3 Root Key Compromise. In the event Licensee becomes aware of or suspects any unauthorized disclosure of, or loss or control over, sensitive information concerning Thawte's root private keys or any event that affects the integrity of Thawte's data or public key system ("Compromise"), Licensee shall immediately send notification to security@verisign.com of such Compromise. Licensee shall cooperate with Thawte and VeriSign to remedy the effects of any Compromise, including, without limitation, replacing Compromised Root Keys and providing notice to Licensee's clients of such Compromise and any remedies to address such Compromise. 4.4 Modification of Agreement. In the event that Thawte modifies the terms use of the Root Certificates for all end users, Thawte shall post the modified terms for the Agreement on the Thawte corporate web site. Licensee shall be responsible for periodically checking the Thawte web site at the applicable URL for modifications to the Agreement. Such modifications shall be effective and binding on Licensee within thirty (30) days of Thawte posting such modifications to its web site, unless Licensee contacts Thawte and terminates the Agreement.

5. CONFIDENTIALITY. 5.1. Confidential Information. "Confidential Information" means this Agreement, the root private keys corresponding to the public key in a Root Certificate, and any confidential, trade secret, or other proprietary information disclosed by one party to the other under this Agreement, except for information that: (i) is public knowledge at the time of disclosure, (ii) was known by the receiving party before disclosure by the disclosing party, or becomes public knowledge or otherwise known to the receiving party after such disclosure, other than by breach of a confidentiality obligation, or (iii) is independently developed by the receiving party by persons without access to Confidential Information of the disclosing party. 5.2. Protection of Confidential Information. The receiving party shall: (i) not disclose the Confidential Information to any third party, (ii) not use the Confidential Information except for purposes of performing this Agreement, and (iii) take steps consistent with its protection of its own confidential and proprietary information (but in no event exercise less than reasonable care) to prevent unauthorized disclosure of the Confidential Information. Each party acknowledges that breach of this Section 6 may cause irreparable harm to the disclosing party entitling the disclosing party to injunctive relief, among other remedies. 5.3. Mutual Cooperation. Each party will notify and cooperate with the other party in enforcing the disclosing party's rights if such party becomes aware of a threatened or actual violation of the confidentiality requirements of this Section 6. Each party shall have confidentiality agreements with its employees, agents or independent contractors sufficient in scope to fulfill its confidentiality obligations under this Agreement.

6. INTELLECTUAL PROPERTY. Licensee acknowledges that Thawte retains all Thawte's intellectual property rights and title (including any patent, copyright, trademark, trade secret, and other rights) in and to the Root Certificates, the public and private keys corresponding to such Root Certificates ("Thawte Intellectual Property"). This Agreement does not give Licensee any intellectual property rights in the Thawte Intellectual Property except for the license granted in Section 1. To the extent Licensee uses Thawte's trademarks or logos as permitted herein, Licensee agrees to comply with all usage requirements set forth in the then current version of Thawte's Logo and Trademark Usage Guide and any other guides and procedures of Thawte. Thawte's logos and trademarks and the Logo and Trademark Usage guide, as updated periodically, are located at http://www.thawte.com/html/CORPORATE/logos.html. Licensee agrees to use reasonable efforts to access the updates.

7. NO WARRANTIES. THE ROOT CERTIFICATES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. THAWTE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL THAWTE BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE WILL TAKE REASONABLE MEASURES TO INSURE THAT THE TERMS AND CONDITIONS SET FORTH IN THE PRECEDING SENTENCE OF THIS SECTION 8 ARE INCORPORATED INTO ANY AGREEMENT BETWEEN LICENSEE AND ITS CUSTOMERS OR LICENSEES. FURTHER, UNDER NO CIRCUMSTANCES WILL THAWTE's LIABILITY FOR ANY ACTION OR CLAIM EXCEED $1,000, REGARDLESS OF WHETHER SUCH ACTION OR CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

9. TERM AND TERMINATION. 9.1. Term. This Agreement shall become effective as of the Effective Date and shall remain in effect for one (1) year thereafter ("Original Term"). This Agreement shall be extended for an additional one (1) year term ("rootal Term") following the expiration of the Original Term or any rootal Term thereafter unless either party provides notice of non-rootal at least ninety (90) days prior to the end of the Original Term or any rootal Term. 9.2. Termination for Default/Insolvency. Either party shall be entitled to terminate this Agreement in the event of a failure by the other party to perform any of its material obligations under this Agreement if such breach is not cured within thirty (30) days after receipt of notice thereof from the non-defaulting party or within forty-eight (48) hours after receipt of such notice if a breach by Licensee may compromise the security of Thawte, the VeriSign Trust Network or other system. This Agreement shall terminate upon the election of and notice from a party to the other if the other party is adjudged insolvent or bankrupt, or the institution of any proceedings by or against the other party seeking relief, reorganization, or arrangement under any laws relating to insolvency, or any assignment for the benefit of creditors, or the appointment of a receiver, liquidator, or trustee of any of the other party's property or assets, or the liquidation, dissolution, or winding up of the other party's business. 9.3. Effect of Expiration or Termination. With respect to versions of Products made commercially available by Licensee after the expiration or termination of this Agreement, upon such expiration or termination, Licensee shall stop making copies of Root Certificates, shall stop including Root Certificates in Products, shall stop distributing Products containing Root Certificates, and shall stop using Thawte's logos and trademarks. The provisions of Sections 3, 4.3, 5, 6, 7, 8, 9.3, and 10 shall survive termination of this Agreement.

10. GENERAL. 10.1. Governing Laws. This Agreement shall be governed by the laws of the State of California, U.S.A. (irrespective of its choice of law principles). The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The parties agree that this Agreement is made and entered into in Santa Clara, California. 10.2. Binding Upon Successors; Assignment. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and assigns of the parties hereto. Notwithstanding the foregoing, neither party is entitled to assign its rights or obligations under this Agreement without the other party's prior written consent, which consent will not be unreasonably withheld or delayed. Any such purported assignment of this Agreement without obtaining written consent shall be void and of no effect. 10.3. Severability; Enforcement; No Waiver. The unenforceability of any provision or provisions of this Agreement shall not impair the enforceability of any other part of this Agreement. If any provision of this Agreement shall be deemed invalid or unenforceable, in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not be deemed a waiver and shall not affect its right to enforce any provision of this Agreement at a subsequent time. 10.4. Entire Agreement; Amendments; Waivers. This Agreement constitutes the entire understanding and agreement of the parties, whether written or oral, with respect to the subject matter hereof and supersede all prior and contemporaneous agreements or understandings between the parties. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by writing signed by the parties to be bound thereby. 10.5. Export Compliance and Foreign Reshipment Liability. This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of software, hardware, or technical information, which may be imposed from time to time by the government of the United States of America. Regardless of any disclosure made by Licensee to THAWTE of an ultimate destination of the software, hardware, or technical information and, notwithstanding anything contained in this Agreement to the contrary, Licensee will not modify, export, or reexport, either directly or indirectly, any software, hardware, or technical information, or portions thereof, without first obtaining any and all necessary licenses from the United States government or agencies or any other country for which such government or any agency thereof requires an export license or other governmental approval at the time of modification, export, or reexport. 10.6. Notices. Any notice, demand, or request to Thawte with respect to this Agreement shall be in writing and shall be effective on the date received (unless the notice specifies a later date) only if it is sent by a courier service that confirms delivery in writing, or if sent by certified or registered mail, postage prepaid, return receipt requested, addressed as follows:

THAWTE: To the address set forth at the beginning of this Agreement
Attention: General Counsel Thawte may post notices and updates regarding the Agreement or the Root Certificates at the URL provided to Licensee for the Root Certificates. Licensee shall be responsible for periodically checking the Thawte web site at the applicable URL for notices from Thawte regarding the Agreement or the Root Certificates. No notices, demands, or requests to Thawte with respect to this Agreement may be delivered by electronic mail. Licensee shall immediately notify Thawte of any legal notices served on them that might affect Thawte, and shall promptly forward the original or a copy of such notice to Thawte in terms of Clause 10.6. 10.7. Independent Parties. The relationship of Thawte and Licensee is that of independent contractors. Neither party nor their employees, consultants, contractors, or agents are agents, employees, or joint venturers of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation. 

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