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Client ID Subscriber Agreement
If you click "I ACCEPT" or download or use the Certificate, you certify the following: I am not a
citizen, national or resident of, and am not under the control of, the government of: Cuba, Iran, Sudan,
Iraq, Libya, North Korea, Syria, nor any other country to which the United States has prohibited export.
I will not download or otherwise export or re-export the Certificate, directly or indirectly, to the above
mentioned countries nor to citizens, nationals or residents of those countries. I am not listed on the
United States Department of Treasury lists of Specially Designated Nationals, Specially Designated
Terrorists, and Specially Designated Narcotic Traffickers, nor am I listed on the United States Department
of Commerce Table of Denial Orders. I will not download or otherwise export or re-export the Certificate,
directly or indirectly, to persons on the above mentioned lists. I will not use the Certificate for, and
will not allow the Certificate to be used for, any purposes prohibited by United States law, including,
without limitation, for the development, design, manufacture or production of nuclear, chemical or
biological weapons of mass destruction.
ACCEPTING, OR USING A VERISIGN CERTIFICATE ("CERTIFICATE"). IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE CERTIFICATE. BY CLICKING
"ACCEPT" OR BY ACCEPTING OR USING A CERTIFICATE, YOU AGREE TO BECOME A PARTY TO, AND
BE BOUND BY, THESE TERMS. BY CLICKING "DECLINE", YOU INDICATE THAT YOU DO NOT AGREE TO
THESE TERMS AND WILL NOT BE A SUBSCRIBER. AS USED IN THIS AGREEMENT, "COMPANY" MEANS
AS FOLLOWS: (A) SYMANTEC CORPORATION, IF YOU ARE LOCATED IN THE AMERICAS, THAILAND, OR
JAPAN; (B) SYMANTEC LTD., IF YOU ARE LOCATED IN EUROPE, MIDDLE EAST, AFRICA OR ASIA PACIFIC
(EXCLUDING THAILAND, JAPAN, OR AUSTRALIA); AND (C) VERISIGN AUSTRALIA PTY LTD., IF YOU ARE
LOCATED IN AUSTRALIA. PLEASE NOTE THAT COMPANY RESERVES THE RIGHT TO CHANGE THE
COMPANY ENTITY PARTICIPATING IN THIS AGREEMENT BY NOTICE TO YOU, AS DESCRIBED IN THIS AGREEMENT.
1. Certificate Application and Description of Certificates.
This section details the terms and conditions regarding your application (Certificate Application) for a
Certificate and, if Company accepts your Certificate Application, the terms and conditions regarding your
use of the Certificate to be issued by Company to you as Subscriber of that Certificate. A Certificate is a
digitally signed message that contains a Subscribers public key and associates it with information
authenticated by Company or a Company-authorized entity. The Certificates provided under this Agreement
are issued within the VeriSign Trust Network (VTN). The VTN is a global public key infrastructure that
provides Certificates for both wired and wireless applications. Company is one of the service providers
within the VTN, together with a global network of affiliates and partners throughout the world. The VTN and
Company under this Agreement offer three distinct classes (Classes) of certification services, Classes 1-3,
for both the wired and wireless Internet and other networks. Each level, or class, of Certificate provides
specific functionality and security features and corresponds to a specific level of trust. You are responsible
for choosing which Class of Certificate you need(*).
For more detailed information about the appropriate uses and authentication procedures for each Class of
Certificate or Companys certification services in general, please see the VeriSign Certification Practice
Statement (the VeriSign CPS) which may be accessed at http://www.verisign.com/repository/cps. In
addition to the terms of this Agreement, you agree to use the private key and Certificate only in accordance with the VeriSign CPS.
(*) If you are purchasing VeriSign Digital IDs for Secure Email, these Certificates are Class 1.
2. Processing Your Certificate Application.
Upon Companys receipt of the necessary payment and upon completion of authentication procedures
required for the Certificate you have purchased, Company will process your Certificate Application.
Company will notify you whether your Certificate Application is approved or rejected. If your Certificate
pplication is approved, Company will issue you a Certificate for your use in accordance with this
Agreement and the VeriSign CPS. Your use of the PIN from Company to 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 Company of any errors. Upon receipt of such notice, Company may revoke your Certificate and issue a corrected Certificate.
3. Obligations Upon Revocation or Expiration.
Upon expiration or notice of revocation of your Certificate, you shall no longer use the Certificate for any purpose.
4. Ownership.
Except as otherwise set forth herein, all right, title and interest in and to all, (a) registered and unregistered
trademarks, service marks and logos; (b) patents, patent applications, and patentable ideas, inventions,
and/or improvements; (c) trade secrets, proprietary information, and know-how; (d) all divisions,
continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or
acquired; (e) registered and unregistered copyrights including, without limitation, any forms, images,
audiovisual displays, text, software and (f) 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 Company services identified herein (Company Intellectual Property Rights) are
owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such
Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property
Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Company or
its licensors service, other than the rights expressly granted in this Agreement. To the extent that you create
any Derivative Work (any work that is based upon one or more preexisting 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 preexisting works may be recast,
transformed or adapted) such Derivative Work shall be owned by Company and all right, title and interest in
and to each such Derivative Work shall automatically vest in Company. Company shall have no obligation
to grant you any right in any such Derivative Work. You may not reverse engineer, disassemble or decompile
the Company Intellectual Property or make any attempt to obtain source code to the Company Intellectual Property.
You have the right to use the Certificate under the terms and conditions of this Agreement.
5. Modifications to Agreement.
Except as otherwise provided in this Agreement or the VeriSign CPS, you agree, during the term of this
Agreement, that Company may: (a) revise the terms and conditions of this Agreement; and/or (b) change
part of the services provided under this Agreement at any time. Any such revision or change will be binding
and effective thirty (30) days after posting of the revised Agreement or change to the service(s) on
Companys Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically
review Companys Web sites, including the current version of this Agreement available on Companys Web
sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing notice to Company. Notice of your termination will be
effective on receipt and processing by Company. Any fees paid by you if you te rminate this Agreement are
nonrefundable. By continuing to use Company services after any revision to this Agreement or change in
service(s), you agree to abide by and be bound by any such revisions or changes. Company is not bound
by nor should you rely on any representation (i) by any agent, representative or employee of any third party
that you may use to apply for Companys services; or (ii) in information posted on Companys Web site of a
general informational nature. No employee, contractor, agent or representative of Company is authorized to
alter or amend the terms and conditions of this Agreement.
6. Warranties.
(6.1) Company Warranties.
Company warrants to you that (a) there are no errors introduced by Company in your Certificate information
as a result of Companys failure to use reasonable care in creating the Certificate, (b) your Certificate
complies in all material respects with the VeriSign CPS, and (c) Companys revocation services and use
of a repository conform to the VeriSign CPS in all material aspects.
(6.2) Your Warranty.
You warrant to Company and anyone who relies on your Certificate that (a) all the information you provide to
Company in your Certificate Application is accurate; (b) no Certificate information you provided (including
your e-mail address) infringes the intellectual property rights of any third parties; (c) the Certificate
Application information you provided (including your email address) has not been and will not be used for
any unlawful purpose; (d) 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; (e)
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; (f) you are using your Certificate exclusively for authorized
and legal purposes consistent with this Agreement; (g) you are using your Certificate as an end-user
Subscriber and not as a Certification Authority issuing Certificates, Certification revocation lists, or
otherwise; (h) 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; (i) you manifest assent to this Agreement as a condition of obtaining a Certificate. You also agree
that you will not monitor, interfere with, or reverse engineer the technical implementation of the VTN, except
with the prior written approval from Company, and shall not otherwise intentionally compromise the security of the VTN.
7. Disclaimers of Warranties.
YOU AGREE THAT YOUR USE OF COMPANYS 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 AGREEMENT. COMPANY EXPRESSLY 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 6, COMPANY DOES 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 COMPANY MAKE 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 COMPANYS SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF COMPANYS SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
COMPANY OR THROUGH COMPANYS 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. COMPANY IS NOT RESPONSIBLE FOR AND SHALL HAVE NO
LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A
THIRD PARTY.
8. Indemnity.
You agree to release, indemnify, defend and hold harmless Company and any of its contractors, agents,
employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages,
costs and expenses, including reasonable attorneys fees and expenses, of third parties relating to or
arising out of (a) this Agreement or the breach of your warranties, representations and obligations under
this Agreement, (b) falsehoods or misrepresentations of fact by you on the Certificate Application, (c) any
intellectual property or other proprietary right of any person or entity, (d) 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, (e) failure to protect the private key, or use a trustworthy system, or to take the precautions
necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of the private key
under the terms of this Agreement. When Company is threatened with suit or sued by a third party,
Company may seek written assurances from you concerning your promise to indemnify Company, your
failure to provide those assurances may be considered by Company to be a material breach of this
Agreement. Company shall have the right to participate in any defense by you of a third-party claim related
to your use of any Company services, with counsel of our choice at your own expense. You shall have sole
responsibility to defend Company against any claim, but you must receive Companys prior written consent
regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of
this Agreement.
itations of Liability.
THIS SECTION 9 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
RELATING TO SERVICES PROVIDED UNDER THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, COMPANYS TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD
PARTY FOR ANY USE OR RELIANCE ON A SPECIFIC CERTIFICATE SHALL BE LIMITED, IN THE
AGGREGATE, TO THE AMOUNTS SET FORTH BELOW.
Class Liability Caps
Class 1 One Hundred U.S. Dollars ($ 100.00 US)
Class 2 ive Thousand U.S. Dollars ($ 5,000.00 US)
Class 3 One Hundred Thousand U.S. Dollars ($ 100,000.00 US)
THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION 9 SHALL BE THE SAME REGARDLESS OF THE
NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE.
COMPANY SHALL NOT BE OBLIGATED TO PAY MORE THAN THE TOTAL LIABILITY LIMITATION FOR EACH CERTIFICATE.
10. 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 10 shall have given the other party written notice thereof promptly and, in any event, within five (5)
days of discovery thereof and (ii) shall 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 10 extends for a period in excess of
thirty (30) days in aggregate, the other party may immediately terminate this Agreement.
11. Export.
Both parties shall comply with all applicable federal, state and local laws, regulations, and export
requirements in connection with their obligations under this Agreement. Regardless of any disclosure
you make to Company of an ultimate destination of any service component acquired from Company and,
notwithstanding anything contained in this Agreement to the contrary, you will not modify, export, or
re-export, either directly or indirectly, any service component provided by Company without first obtaining any
and all necessary licenses from the United States government or agencies thereof or any other country that
requires an export license or other governmental approval at the time of modification, export, or re-export.
You also agree that you will not use these service components for any purposes prohibited by United
States law, including, without limitation, the development, design, manufacture or production of nuclear,
missiles, or chemical or biological weapons. Company shall have the right to suspend performance of any of
its obligations under this Agreement, without any prior notice being required and without any liability to
you, if you fail to comply with this provision.
12. Severability.
You agree that the terms of this 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 Agreement; this
Agreement will be deemed amended to the extent necessary to make this 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.
13. Governing Law.
This Agreement and any disputes relating to the services provided hereunder shall be governed and
interpreted according to each of the following laws, respectively, without regard to its conflicts of law
provisions: (a) the laws of the State of California, if you are located in North America or Latin America; or (b)
the law of England, if you are located in Europe, Middle East or Africa; or (c) the laws of Singapore, if you are
located in Asia Pacific including Japan. The United Nations Convention on Contracts for the International Sale of
Goods shall not apply to this Agreement.
14. Dispute Resolution.
To the extent permitted by law, before you file suit or initiate an administrative claim with respect to a
dispute involving any aspect of this Agreement, you shall notify Company, and any other party to the dispute
for the purpose of seeking business resolution. Both you and Company shall make good faith efforts to
resolve such dispute via business discussions. If the dispute is not resolved within sixty (60) days after the
initial notice, then a party may proceed as permitted under applicable law as specified under this Agreement.
15. Non-Assignment.
You may not assign the rights granted hereunder or this Agreement, in whole or in part and whether
by operation of contract, law or otherwise, without Companys prior express written consent.
Such consent shall not be unreasonably withheld or delayed.
16. Notices.
You will make all notices, demands or requests to Company with respect to this Agreement in writing to:
Attn: General Counsel Legal Department, Symantec Corporation, 350 Ellis Street, Mountain View, CA 94043.
17. Survival.
This Agreement shall be applicable for as long as the Certificate remains valid and you have not breached
any provision of this Agreement.
18. Privacy.
You agree to the use of your data and information as specified herein. Company will treat and process the
data provided in any Certificate Application in accordance with the privacy statement specific to your
Certificate ("Privacy Statement") as amended from time to time. You agree that Company may place in your
Certificate certain information that you provide for inclusion in your Certificate. Such information may include
your e-mail address and your name. You also agree that Company may publish any Certificate issued
under this Agreement and information about its status in Companys repository of Certificate information,
make such information available to other repositories, and use such information for the purposes set out in
this Agreement and in the Privacy Statement. You agree that Company may process and/or transfer the
information provided in any Certificate Application in the United States and in other jurisdictions where
Company maintains a presence. For further information on processing of customer data, please see the
applicable Privacy Statement.
v3.0 (June 2011)
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