
	Home > Repository > Agreements

CODE SIGNING AND AUTHENTICATED CONTENT SIGNING SERVICES SUBSCRIBER AGREEMENT

YOU MUST READ THIS CODE SIGNING AND AUTHENTICATED CONTENT SIGNING ("ACS") SERVICES SUBSCRIBER AGREEMENT ("SUBSCRIBER AGREEMENT") BEFORE APPLYING FOR, ACCEPTING, OR USING A VERISIGN CODE SIGNING ID, ACS PUBLISHER ID AND/OR ACS CONTENT ID (REFERRED TO COLLECTIVELY IN THIS AGREEMENT AS "CERTIFICATE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE CERTIFICATE.

1. Definitions.

"ACS Content ID" means a single-use (private key is destroyed immediately after signing) Certificate that chains up to a private root CA used to re-sign individual applications submitted by Publishers to the VeriSign ACS Service after VeriSign has verified the validity of the user's ACS Publisher ID.

"ACS Publisher ID" means a Code Signing ID issued by VeriSign to organizations that wish to authenticate themselves to, and securely access, the VeriSign ACS Services for supported platforms, service providers or other private entities.

"Certification Authority" shall mean an entity authorized to issue, manage, revoke, and renew Certificates, including but not limited to Certificates issued in the VTN.

"Code Signing ID" means a code signing certificate, including ACS Publisher IDs and ACS Content IDs, except where indicated otherwise, that are used to verify the identify of and to affirm the integrity of code provided by Publishers.

"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 14.

"Publisher" means the developer and/or publisher of software code or applications.

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

"Relying Party Agreement" shall mean an agreement used by a Certification Authority setting forth the terms and conditions under which an individual or organization acts as a Relying Party, such as the VeriSign Relying Party Agreements that are published at http://www.verisign.com/repository/rpa/index.html.

"Subscriber" means an organization that owns the equipment or server 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.

"VeriSign CPS" means the VeriSign Certification Practice Statement, as amended from time to time, which may be accessed from http://www.verisign.com/repository/CPS/.

"VeriSign Intellectual Property Rights" shall have the meaning set forth in Section 14.

"VTN" shall mean the VeriSign Trust Network that is a global public key infrastructure that provides Certificates (excluding Content Content IDs) for both wired and wireless applications.

2. Description of the Certificate. This section sets forth the terms and conditions regarding your application ("Certificate Application") for a Certificate and, if VeriSign accepts your Certificate Application, the terms and conditions regarding your use of the Certificate to be issued by VeriSign to you as "Subscriber" of that Certificate. Any "Certificate" a.k.a. "ID" issued pursuant to this Agreement, is a digitally signed message that contains a Subscriber's public key and associates it with information authenticated by VeriSign or a VeriSign-authorized entity. The Code Signing ID and/or ACS Publisher ID provided under this Subscriber Agreement are issued within the VTN by VeriSign.

The Code Signing ID or ACS Publisher ID for which you have applied on behalf of your organization is a Class 3 organizational Certificate within the VTN. Class 3 organizational Certificates are issued to servers to provide authentication, message, software, and content integrity and signing, and confidentiality encryption. Class 3 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 VeriSign's certification services, please see the VeriSign CPS.

3. Processing Your Certificate Application and Renewals. Upon VeriSign's receipt of the necessary payment and upon completion of authentication procedures required for the Certificate you have purchased, VeriSign will process your Certificate Application. VeriSign will notify you whether your Certificate Application is approved or rejected. If your Certificate Application is approved, VeriSign will issue you a Certificate for your use in accordance with this Subscriber Agreement. Your use of the PIN from VeriSign 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 VeriSign of any errors. Upon receipt of such notice, VeriSign may revoke your Certificate and issue a corrected Certificate. Thirty (30) days before the expiration of a Certificate (excluding ACS Content IDs), a Publisher may request renewal of the Certificate from VeriSign, provided that the original Certificate has not been revoked. Prior to re-issuance, VeriSign shall confirm the accuracy of the information contained in the Certificate. Renewal Certificates may be issued without re-keying.

4. Use Restrictions. You are prohibited from using your Certificate (i) for or on behalf of any other organization, (ii), , to distribute malicious or harmful content of any kind or content that would otherwise have the effect of inconveniencing the recipient of such content, (iii) for any purpose other than its intended use, (iv) transferring control or permitting access of the private key corresponding to the public key in the Certificate to anyone other than the technical contact provided for at the time of enrollment; or (v) for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage. Certificates shall only be used during the validity period.

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 VeriSign and request revocation of the Certificate. You may also voluntarily request revocation of the Certificate at any time by notifying VeriSign. In either case, 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. VeriSign retains the right to revoke your Certificate, if within forty-five (45) days of receiving an invoice from VeriSign, you do not pay the invoice. In order to maintain the trust and integrity of the VTN, VeriSign in its sole discretion, retains the right to revoke at any time and without notice your Certificate for failure to perform your obligations under this Subscriber Agreement and/or any other activities VeriSign considers harmful to the VTN.

5.1. Additional Revocation Conditions for ACS Content IDs Only. In addition to the obligations above, you further agree to cooperate with the operating system licensor, its licensees, or other parties who are responsible for the private root(s) that sign the ACS Content IDs ("Private Root Providers") to resolve any security and quality issues the Private Root Providers discover in the code submitted by you for signing by the ACS Content IDs. Your further agree that VeriSign can revoke your ACS Content ID at any time upon the request of a Private Root Provider and/or its subcontractors where applicable.

6. Obligations Upon Revocation or Expiration. Upon expiration or revocation of your Code Signing ID and/or ACS Publisher ID, you shall permanently remove it from the machine on which it is installed and shall not use it for any purpose thereafter.

7. Requirements for Verification. VeriSign shall issue a Code Signing ID and/or ACS Publisher ID only after VeriSign or its agent has communicated directly over the telephone with the Corporate Contact provided at the time of enrollment. If VeriSign is unable to communicate with the Corporate Contact, it is the responsibility of the Corporate Contact to contact VeriSign at the callback number provided by VeriSign. Your failure to callback in a timely manner may delay the verification and approval of your Certificate Application.

8. Two Day Service Guarantee. This Section only applies if you have purchased the Code Signing Pro ID and specifically does not apply to ACS Publisher IDs and ACS Content ID's. VeriSign shall issue your Code Signing Pro ID within two (2) business days (excluding weekends and VeriSign-recognized holidays) after you submit your Certificate Application to VeriSign provided that you: (i) are an organization located in the United States, (ii) select to pay by credit card and submit a valid credit card number, (iii) submit a Dun and Bradstreet DUNS number that VeriSign is able validate through its normal validation procedures stated in the VeriSign CPS ("Guarantee Period"). Your sole and exclusive remedy for VeriSign's failure to issue your Code Signing Pro ID within the Guarantee Period shall be the refund of fifty-percent (50%) of the retail price you paid for the Code Signing Pro ID. THIS SERVICE GUARANTEE DOES NOT APPLY TO ANY OTHER VERISIGN PRODUCT OR SERVICE.

9. NETSURE NOTICE: THIS SECTION DOES NOT APPLY TO ACS CONTENT IDS. THE NETSURE CERTIFICATES ISSUED UNDER THIS SUBSCRIBER AGREEMENT AND OTHER AGREEMENTS AND THEIR EFFECTIVE DATES UNDER THE NETSURE PROTECTION PLAN ("PLAN") ARE LISTED AT WWW.VERISIGN.COM/REPOSITORY/NS_LIST. THE PLAN PROVIDES YOU WITH CERTAIN LIMITED WARRANTIES, DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND LIMITS LIABILITY. THE CERTIFICATE LIFETIME LIMIT (AS DEFINED IN THE PLAN) FOR YOUR SSL CERTIFICATE CORRESPONDS TO THE AMOUNT LISTED WITH THE PRODUCT DESCRIPTION PRESENTED TO YOU DURING ENROLLMENT. FOR INFORMATION ON THE PLAN, SEE HTTPS://WWW.VERISIGN.COM/REPOSITORY/NETSURE.

10. Authenticode Supplemental Provisions. This Section only applies if you have purchased a Microsoft Authenticode Code Signing ID. You hereby make the following software publisher's pledge to all users and the applicable Certification Authority concerning software that your Certificate signs with a private key corresponding to the public key contained in the Certificate: In addition to the other representations, obligations, and warranties contained or referenced in the Certificate Application or this Subscriber Agreement, Subscriber represents and warrants that it shall exercise reasonable care consistent with prevailing industry standards to exclude programs, extraneous code, viruses, or data that may be reasonably expected to damage, misappropriate, or interfere with the use of data, software systems, or operations of the other party. Certification Authorities and VeriSign shall not be held responsible for the breach of such representations and warranties by Subscriber under any circumstance. The decision of the applicable Certification Authority and VeriSign shall be final as to whether or not (i) Subscriber has materially breached this Subscriber Agreement, and (ii) any responsive actions taken (or not taken) by the Certification Authority and VeriSign were necessary and appropriate.

11. Representations and Warranties.

11.1 VeriSign Representations and Warranties. VeriSign represents and warrants to you that (i) there are no errors introduced by VeriSign in your Certificate information as a result of VeriSign's failure to use reasonable care in creating the Certificate; (ii) your Certificate complies in all material respects with the VeriSign CPS, if applicable; and (iii) VeriSign's revocation services and use of a repository conform to the VeriSign CPS, if applicable, in all material aspects.

11.2 Your Representations and Warranties. You represent and warrant to VeriSign and anyone who relies on your Certificate that (i) all the information you provide and all the representations you make to VeriSign in 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 VTN, except with the prior written approval from VeriSign, and shall not otherwise intentionally compromise the security of the VTN. 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 VTN, 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.

12. Additional Representations and Warranties for ACS Publisher and/or ACS Content IDS Only. If you have purchased an ACS Publisher and/or ACS Content ID then in addition to the other representations, warranties and obligations contained or referenced in the Certificate Application or this Subscriber Agreement, you further represent and warrant that (1) you shall ensure only trustworthy individuals, who have been advised of and agreed to comply with the terms of this Subscriber Agreement shall be authorized to use your ACS Publisher Certificate to digitally sign code; and (2) you have exercised reasonable care consistent with prevailing industry standards to exclude programs, extraneous code, viruses, or data that may be reasonably expected to damage, misappropriate or interfere with the use of data, software, systems, or operations of Private Root Providers including but not limited to those used on Microsoft Smartphone Applications.

12.1. Microsoft Smartphone Supplemental Provisions. This Section only applies if you have purchased or have had code signed by a VeriSign ACS Publisher Certificate or ACS Content ID for Microsoft Smartphone Applications. You shall be wholly responsible for the protection of any smart card on which your Certificate is issued, if applicable, including any loss or unauthorized use of or access to it, and you have implemented policies and procedures to ensure such protection. You shall notify VeriSign immediately in the event of the loss or unauthorized use of or access to any smart card on which your Certificate is issued, if applicable. You shall maintain reliable written or electronic records of all individuals authorized to have access to or use the your smart card, if applicable, and of all uses of your ACS Publisher ID, including dates and times of access or use, individuals(s) authorized and/or using the Certificate, and application(s) signed. When submitting code to be signed by an ACS Content ID, you shall provide VeriSign with the complete code or a unique representation of the code in executable form, digitally signed using your ACS Publisher ID.

13. Fees, Payments and Term of Service. As consideration for the Certificate and associated services you purchased, you agree to pay VeriSign the 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 VeriSign. 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 VeriSign is 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. VeriSign will 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 VeriSign and must promptly inform VeriSign of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. VeriSign shall 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 VeriSign's income) related to VeriSign services or payments made by you hereunder. All payments of fees for VeriSign services shall be made in U.S. dollars. Set up fees, if any, will become payable on the applicable effective date for the applicable VeriSign services. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.

14. 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 VeriSign services identified herein ("VeriSign Intellectual Property Rights") are owned by VeriSign or its licensors, and you agree to make no claim of interest in or ownership of any such VeriSign Intellectual Property Rights. You acknowledge that no title to the VeriSign Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the VeriSign or 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 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 VeriSign and all right, title and interest in and to each such Derivative Work shall automatically vest in VeriSign. VeriSign shall have no obligation to grant you any right in any such Derivative Work. You may not reverse engineer, disassemble or decompile the VeriSign Intellectual Property or make any attempt to obtain source code to the VeriSign Intellectual Property. You have the right to use the Certificate under the terms and conditions of this Subscriber Agreement.

15. Modifications to Subscriber Agreement. Except as otherwise provided in this Subscriber Agreement, you agree, during the term of this Subscriber Agreement, that VeriSign may: (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 VeriSign's Web sites, or upon notification to you by e-mail. You agree to periodically review VeriSign's Web sites, including the current version of this Subscriber Agreement available on VeriSign'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 VeriSign with notice. Notice of your termination will be effective on receipt and processing by VeriSign. Any fees paid by you if you terminate this Subscriber Agreement are nonrefundable. By continuing to use VeriSign services 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. VeriSign is 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 VeriSign's services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of VeriSign is authorized to alter or amend the terms and conditions of this Subscriber Agreement.

16. Privacy. You agree that VeriSign may place in your Certificate certain information that you provide for inclusion in your Certificate. You also agree that VeriSign may publish your Certificate and information about its status in VeriSign's repository of Certificate information and make this information available to other repositories.

17. Refund Policy. If you paid for the Certificate and you are not completely satisfied with the Certificate issued to you for any reason, you may request that VeriSign revoke the Certificate within thirty (30) days of issuance and provide you with a refund. Following the initial thirty (30) day period, you may request that VeriSign revoke the Certificate and provide a refund only if VeriSign has breached a warranty or other material obligation under either this Subscriber Agreement if it is proven or the NetSure Protection Plan (if applicable) relating to you or your Certificate. After VeriSign revokes your Certificate, VeriSign will promptly credit your credit card account (if the Certificate was paid for via credit card) or otherwise reimburse you via check, for the full amount of the applicable fees paid for the Certificate. You can request a refund by completing the Refund Request Form at https://www.verisign.com/repository/refund.

18. Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF VERISIGN'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. VERISIGN 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 12, VERISIGN 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 VERISIGN 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 VERISIGN'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VERISIGN'S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERISIGN OR THROUGH VERISIGN'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. VERISIGN IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PROVIDED TO YOU FROM A THIRD PARTY.

19. Indemnity. You agree to release, indemnify, defend and hold harmless VeriSign and 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 VeriSign is threatened with suit or sued by a third party, VeriSign may seek written assurances from you concerning your promise to indemnify VeriSign, your failure to provide those assurances may be considered by VeriSign to be a material breach of this Subscriber Agreement. VeriSign shall have the right to participate in any defense by you of a third-party claim related to your use of any VeriSign services, with counsel of VeriSign's choice at your own expense. You shall have sole responsibility to defend VeriSign against any claim, but you must receive the prior written consent of VeriSign regarding any related settlement. The terms of this Section will survive any termination or cancellation of this Subscriber Agreement. As a Relying Party, you further agree to release, indemnify, defend and hold harmless VeriSign and 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) your failure to perform the obligations of a Relying Party as set forth in the applicable Relying Party Agreement; (ii) your reliance on a certificate that is not reasonable under the circumstances; or (iii) your failure to check the status of such certificate to determine whether the certificate is expired or revoked.

20. Limitations of Liability.

20.1 LIMITATIONS UNDER THE NETSURE PROTECTION PLAN. THE MOST THAT VERISIGN MUST PAY YOU UNDER THE NETSURE PROTECTION PLAN (IF APPLICABLE) IS THE AMOUNT DETERMINED UNDER THE NETSURE PROTECTION PLAN. THE LIMITATIONS ON DAMAGES AND PAYMENTS IN THIS SUBSECTION DO NOT APPLY TO REFUND PAYMENTS. DETAILS ON THE NETSURE PROTECTION PLAN CAN BE FOUND AT http://www.verisign.com/repository/netsure_faq/

20.2 OTHER LIMITATIONS. THIS SUBSECTION 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 SEPARATE FROM A REQUEST FOR PAYMENT UNDER THE NETSURE PROTECTION PLAN RELATING TO SERVICES PROVIDED UNDER THIS SUBSCRIBER AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN'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 ONE HUNDRED THOUSAND U.S. DOLLARS (US $100,000.00). THE LIABILITY LIMITATIONS PROVIDED IN THIS SUBSECTION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. SUBJECT TO THE NETSURE PROTECTION PLAN, VERISIGN SHALL NOT BE OBLIGATED TO PAY MORE THAN THE TOTAL LIABILITY LIMITATION FOR EACH CERTIFICATE. THIS SUBSECTION DOES NOT LIMIT REFUND PAYMENTS OR PAYMENTS UNDER THE NETSURE PROTECTION PLAN.

21. 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 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 extends for a period in excess of thirty (30) days in aggregate, the other party may immediately terminate this Subscriber Agreement.

22. 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 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.

23. 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.

24. Governing Law. You and VeriSign agree 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.

25. 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 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 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 Subscriber 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.

26. NetSure Protection Plan and Limitations Period. You may be covered by the most current version of the NetSure Protection Plan, the details of which are available at http://www.verisign.com/repository/netsure/. ACS Publisher IDs and ACS Content IDs are not covered under this NetSure Protection Plan at this time. Under the NetSure Protection Plan, VeriSign will pay you for certain incidental or consequential damages of one or more of the limited warranties in the NetSure Protection Plan, up to the limits set forth in the NetSure Protection Plan. VeriSign is not obligated to make a payment under the NetSure Protection Plan for a breach of a warranty found in the NetSure Protection Plan unless you submit a payment request as required by the Netsure Protection Plan within one (1) year after the termination of this Subscriber Agreement (this provision shall survive termination or expiration of this Subscriber Agreement).

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

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

29. Entire Agreement. This Subscriber Agreement, together with the VeriSign CPS, if applicable, constitutes the entire understanding and agreement between VeriSign and you with respect to the transactions contemplated, and supersedes any and all prior or contemporaneous oral or written representation, understanding, agreement or communication between VeriSign and 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.

Code Signing and Authenticated Content Signing Subscriber Agreement v2.0