Department of Defense: Interim External Certificate Authority Web Server Certificate Subscriber Agreement

YOU MUST READ THIS SUBSCRIBER AGREEMENT ("AGREEMENT") BEFORE APPLYING FOR, ACCEPTING, OR USING A DEPARTMENT OF DEFENSE INTERIM EXTERNAL CERTIFICATE AUTHORITY ("IECA") WEB SERVER CERTIFICATE ("IECA CERTIFICATE").

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE THE IECA CERTIFICATE. BY CLICKING THROUGH THESE TERMS AND SIGNING THE SUBSCRIBER ENROLLMENT FOR IN THE PRESENCE OF A NOTARY OR BY ACCEPTING OR USING AN IECA CERTIFICATE, YOU AGREE TO BECOME A PARTY TO, AND BE BOUND BY, THE TERMS OF THIS AGREEMENT.

VeriSign's DOD IECA Certification Practice Statement ("CPS"), as amended from time to time, is available publicly at http://www.verisign.com/repository/cps/dod/ieca-cps.pdf and provides additional information about the DOD IECA initiative and what actions VeriSign takes to provide Public Key Infrastructure ("PKI") services in connection with this initiative.

1. Definitions. The capitalized terms used in this Agreement shall have the following meanings unless otherwise specified and any reference to the singular includes the plural and vice versa.

"Authenticate" or "Authentication" mean the actions a CA takes, consistent with the VeriSign CPS, to confirm that (i) the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application, (ii) the Subscribers organization does in fact exist, (iii) the Subscribers organization has authorized the Certificate Application, and (iv) the person submitting the Certificate Application on behalf of the Subscriber is authorized to do so.

"Certification Authority" ("CA") means VeriSign, an RA or any other VeriSign-authorized entity authorized to issue, manage, revoke, and renew Certificates in the Department of Defense IECA PKI.

"Certificate Applicant" means an individual or organization that requests the issuance of an IECA Certificate by a CA.

"Certificate Application" means this Agreement and the Subscriber Enrollment Form, signed in the presence of a notary public and submitted to VeriSign by the Certificate Applicant (or authorized agent of the Certificate Applicant) for the issuance of an IECA Certificate.

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

"Derivative Work" means the meaning set forth in Section 7.

"Device" means any hardware appliance or software application, such as a server load balancer or SSL accelerator, that routes electronic data from one point to other single or multiple point(s) on a network.

"Domain" means a domain name or host name assigned to a Server and/or Device and owned by the Subscriber used in an IECA Certificate.

"IECA Certificate" or "IECA Server ID" means an SSL Certificate, as further described in Section 2, within the VeriSign IECA that supports SSL sessions between clients and Servers.

"Licensed Certificate Option" means the service option that grants a Subscriber the right to use an IECA Certificate on one physical Device and obtain additional IECA Certificate licenses for each physical server that each Device manages, or where replicated IECA Certificates may otherwise reside. This Licensed Certificate Option may not be available to you.

"Netsure Protection Plan" or "NetSure" means the extended warranty program offered by VeriSign, as detailed in the Repository.

"Repository" means the collection of documents located at http://www.verisign.com/repository.

"Secure Sockets Layer" or "SSL" means an industry-standard method for protecting Web communications developed by Netscape Communications Corporation. The SSL security protocol provides data encryption, server authentication, message integrity, and optional client authentication for a Transmission Control/Internet Protocol connection.

"Server" means a computer or device on a network that manages network resources, including but not limited to a Web, e-mail, file or application server.

"Subject" means the holder of a private key corresponding to a public key. A Subject is assigned an unambiguous name, which is bound to the public key contained in the Subjects IECA Certificate.

"Subscriber" means an organization that owns the equipment or Device that is the Subject of, and that has been issued an IECA Certificate and is authorized to use, the private key that corresponds to the public key listed in the IECA Certificate.

"Subscriber Enrollment Form" means a form containing the Subscriber information required by VeriSign to process your Certificate Application.

"VeriSign Interim External Certificate Authority" ("VeriSign IECA") means a Public Key Infrastructure ("PKI") associated with United States Department of Defense ("DOD") that provides IECA Certificates.

"VeriSign Interim External Certificate Authority Certification Practices Statement" ("VeriSign IECA CPS") means the document which states the practices that the VeriSign employs in providing certification services that include, but are not limited to, issuing, managing, revoking, and renewing Certificates, in accordance with the specific requirements of the VeriSign IECA Certificate Policies, as amended from time to time, which may be accessed from the Repository.

"VeriSign Intellectual Property Rights" means the meaning set forth in Section 7 of this Agreement.

2. Certificate Application and Issuance. This Section sets forth the terms and conditions regarding your Certificate Application and, if VeriSign accepts your Certificate Application, the terms and conditions regarding your use of the IECA Certificate to be issued by VeriSign to you as the Subscriber of that IECA Certificate. The IECA Certificate provided under this Agreement is issued within the IECA by VeriSign.

IECA 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 Certificate Applicant was authorized to do so. IECA 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. Some of the information you provide in your Certificate Application will be contained in your IECA Certificate and will be published in the VeriSign Repository.

3. Processing the Certificate Application. Upon VeriSigns receipt and completion of (i) the necessary payment information, (ii) the notarized Subscriber Enrollment Form and (iii) the Authentication procedures required for the IECA Certificate you have purchased, VeriSign will process your Certificate Application, and notify you whether your Certificate Application is approved or rejected. If your Certificate Application is approved, VeriSign will issue you an IECA Certificate for your use in accordance with this Agreement. After you pick up or otherwise install your IECA 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 IECA Certificate and issue you a corrected IECA Certificate.

4. Use Restrictions. You are prohibited from using your IECA Certificate (i) for or on behalf of any other organization; (ii) to perform private or public key operations in connection with any domain name and/or organization name other than the submitted by you on your Certificate Application; (iii) on more than one physical Server or Device at a time, unless you have purchased the Licensed Certificate Option; or (iv) 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; (vi) for any use other then official DOD business. If you are using the Licensed Certificate Option, you acknowledge and agree that this Option can result in increased security risks to your network and that VeriSign expressly disclaims any liability for breaches of security that result from the distribution of a single private key across multiple Devices. VERISIGN CONSIDERS THE UNLICENSED USE OF AN IECA CERTIFICATE ON A DEVICE THAT RESIDES ABOVE A SERVER OR SERVER FARM SOFTWARE PIRACY AND WILL PURSUE VIOLATORS TO THE FULLEST EXTENT OF THE LAW. IECA Certificates purchased under the Licensed Certificate Option limit the amount of recovery under the NetSure Protection Plan to ten thousand US dollars (US$10,000) or the local currency equivalent thereof.

5. Security Requirements and Revocation. At all times, you must maintain the security of your Private Key and prevent any loss, loss of control, theft, unauthorized disclosure, or unauthorized modification ("Compromise") of your Private Key. You must not allow others to have access to your Private Key, the password, or any other security mechanisms protecting your Private Key. You must destroy your Private Key when you no longer need it.

If you discover or have reason to believe there has been: (a) a Compromise of your Private Key; (b) a problem in the activation data protecting such private key; (c) a change in the information within the IECA Certificate or the information is incorrect; or (d) a change to the organizational name and/or Domain registration, you must immediately notify VeriSign and request revocation of your IECA Certificate. After VeriSign has authenticated your request, VeriSign will revoke your IECA Certificate. You agree that VeriSign is entitled to investigate all actual or suspected Compromises of your Private Key or breach in the security of the VeriSign IECA Public Key Infrastructure as permitted by law, and you must reasonably cooperate with VeriSign in any such investigation. You agree that VeriSign is entitled to revoke your IECA Certificate upon an actual or suspected Compromise of your Private Key, if you materially breach this Agreement (including not paying the required fees within forty-five (45) days of receiving an invoice from VeriSign), or if VeriSign determines that it issued your IECA Certificate in a way that materially differed from what is required under the CPS. You further agree that VeriSign is entitled to revoke your IECA Certificate for other reasons, provided that VeriSign either: (a) replaces your IECA Certificate with a comparable IECA Certificate or (b) provides reasonable compensation.

Upon expiration or notice of revocation of your IECA Certificate, you shall permanently remove your IECA Certificate from the Server or Device on which it is installed and shall not use it for any purpose thereafter.

6. Privacy. You agree that VeriSign may place in your IECA Certificate certain information that you provide for inclusion in your IECA Certificate. You also agree that (a) VeriSign may publish your IECA Certificate and information about its status in VeriSigns Repository of certificate information and make this information available to other repositories and (b) VeriSign may use such information for the purposes set out in this Agreement and in the VeriSign Privacy Statement located at http://www.verisign.com

7. Ownership of Intellectual Property. 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 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 IECA Certificate under the terms and conditions of this Agreement.

8. Representations and Warranties.

A. VeriSign Warranties. VeriSign warrants to you that (i) there are no errors introduced by VeriSign in your IECA Certificate information as a result of VeriSign's failure to use reasonable care in creating the IECA Certificate and (ii) your IECA Certificate complies in all material respects to the VeriSign IECA CPS. VeriSign also has a special limited warranty program called the NetSure Protection Plan, which covers Subscribers receiving IECA Certificates directly from VeriSign, including you. Please refer to the NetSure Protection Plan at http://www.verisign.com/repository/netsure/ for details concerning the warranties VeriSign makes to you and the limitations on them.

B. Your Warranty. You warrant to VeriSign and anyone who relies on your IECA Certificate that: (i) You have the authority to enter into this Agreement on behalf of your organization and to bind your organization to the terms and conditions of this Agreement; (ii) all the information you provide and all the representations you make to VeriSign in your Certificate Application are accurate; (iii) no IECA Certificate information you provided (including your e-mail address and company affiliation) infringes the intellectual property rights of any third parties; (iv) the IECA Certificate information you provided (including your email address and company affiliation) has not been and will not be used for any unlawful purpose; (v) 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; (vi) you are using your IECA Certificate exclusively for authorized and legal DOD business purposes consistent with this Agreement; (vii) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase or equivalent, PIN, software, or hardware mechanism protecting your private key and no unauthorized person has had or will have access to the same; (viii) You will use your IECA Certificate exclusively for authorized and legal purposes consistent with this Agreement; (ix) you will use your IECA Certificate as an end-user Subscriber and not as a Certification Authority issuing Certificates, certification revocation lists, or otherwise; (x) each digital signature created using your private key is your digital signature, and the IECA Certificate has been accepted and is valid (not expired or revoked) at the time the digital signature is created; and (xi) you manifest assent to this Agreement as a condition of obtaining an IECA Certificate; and (xii) you will not monitor, interfere with, or reverse engineer (save to the extent that you can not be prohibited from so doing under applicable law) the technical implementation of the VeriSign IECA, except with the prior written approval from VeriSign, and shall not otherwise intentionally compromise the security of the DOD IECA PKI.

9. Modifications to Agreement. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that VeriSign may: (i) revise the terms and conditions of this Agreement; and/or (ii) change part of the services provided under this Agreement at any time, not inconsistent with DOD IECA requirements and the VeriSign IECA CPS. 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 VeriSign's Web sites, or upon notification to you by e-mail. You agree to periodically review VeriSigns Web sites, including the current version of this Agreement available on VeriSigns 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 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 Agreement are nonrefundable. By continuing to use VeriSign 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. 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 VeriSigns 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 Agreement.

10. DISCLAIMERS.

YOU AGREE THAT YOUR USE OF VERISIGNS 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. VERISIGN EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS, CONDITIONS OR REPRESENTATIONSOF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED THOSEOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 8, VERISIGN DOES NOT MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES VERISIGN MAKE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION 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 VERISIGNS SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VERISIGNS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERISIGN OR THROUGH VERISIGNS SERVICES SHALL CREATE ANY WARRANTY, TERM, CONDITION OR REPRESENTATION NOT EXPRESSLY 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 PURCHASED BY YOU FROM A THIRD PARTY.

11. LIMITATIONS OF LIABILITY.

a. LIMITATIONS UNDER NETSURE PROTECTION PLAN. YOU ARE COVERED BY THE MOST CURRENT VERSION OF THE NETSURE PROTECTION PLAN, THE DETAILS OF WHICH ARE AVAILABLE AT http://www.verisign.com/repository/netsure/. THE MOST THAT VERISIGN MUST PAY YOU UNDER THE NETSURE PROTECTION PLAN IS THE AMOUNT DETERMINED UNDER THE NETSURE PROTECTION PLAN. THE LIMITATIONS ON DAMAGES AND PAYMENTS IN THIS SECTION 11(a) DO NOT APPLY TO GENERAL CONTRACT DAMAGES.

b. LIMITATIONS ON AMOUNT OF DAMAGES. IN THE EVENT YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING SEPARATE FROM A REQUEST FOR PAYMENT UNDER THE NETSURE PROTECTION PLAN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN'S LIABILITY SHALL BE LIMITED AS FOLLOWS:

(i) THE TOTAL LIABILITY OF VERISIGN IN TORT FOR NEGLIGENT, RECKLESS, OR FRAUDULENT CONDUCT IN CONNECTION WITH A SINGLE TRANSACTION SHALL BE LIMITED TO ONE HUNDRED THOUSAND U.S. DOLLARS (US$100,000). THE LIABILITY CAPS PROVIDED IN THIS SECTION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, ACTS OF AUTHENTICATION, OR ENCRYPTED MESSAGES RELATED TO, OR CLAIMS ARISING OUT OF, SUCH TRANSACTION.

(ii) SUBJECT TO THE FOREGOING SUBSECTION (b)(i), THE TOTAL LIABILITY OF VERISIGN FOR GENERAL CONTRACT, TORT, OR ANY OTHER DAMAGES SUSTAINED BY ANY AND ALL SUBSCRIBERS AND RELYING PARTIES, COMBINED WITH ANY AND ALL DAMAGES SUSTAINED BY ANY AND ALL OTHER PERSONS CAUSED BY THE USE OF OR RELIANCE ON A SPECIFIC CERTIFICATE ISSUED UNDER THIS AGREEMENT ("NON-NETSURE DAMAGES") SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND U.S. DOLLARS ($100,000), FOR THE TOTAL OF ALL DIGITAL SIGNATURES, TRANSACTIONS, AND CLAIMS RELATED TO SUCH IECA CERTIFICATE. THE LIABILITY CAPS PROVIDED IN THIS SUBSECTION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. IN THE EVENT THE NON-NETSURE DAMAGES SUSTAINED BY THE USE OR RELIANCE ON A SPECIFIC CERTIFICATE EXCEED THE LIABILITY CAP FOR SUCH CERTIFICATE, PAYMENT OF NON-NETSURE DAMAGES SHALL BE APPORTIONED FIRST TO THE EARLIEST CLAIMS TO ACHIEVE FINAL RESOLUTION (BY SETTLEMENT OR OTHERWISE), UNLESS OTHERWISE ORDERED BY A COURT OF COMPETENT JURISDICTION. SUBJECT TO SECTION 12 AND THE NETSURE PROTECTION PLAN, VERISIGN SHALL NOT BE OBLIGATED TO PAY MORE THAN THE TOTAL LIABILITY CAP FOR EACH CERTIFICATE, REGARDLESS OF THE METHOD OF APPORTIONMENT AMONG CLAIMANTS OF THE AMOUNT OF THE LIABILITY CAP. THIS SECTION APPLIES TO LIABILITY UNDER CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM.

THIS SECTION 11(b) DOES NOT LIMIT REFUND PAYMENTS UNDER SECTION 13 OR PAYMENTS UNDER THE NETSURE PROTECTION PLAN. THIS SECTION 11(b) APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

c. EXCLUSION OF CERTAIN ELEMENTS OF DAMAGES. EXCEPT AS EXPRESSLY PROVIDED IN THE NETSURE PROTECTION PLAN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN SHALL NOT BE LIABLE IN CONTRACT TO ANY PERSON FOR ANY INDIRECT, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS OR LOSS OF DATA), ARISING FROM OR IN CONNECTION WITH THE USE, DELIVERY, LICENSE, PERFORMANCE, OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY OTHER TRANSACTIONS, PRODUCTS, OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT, EVEN IF VERISIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN SHALL NOT BE LIABLE TO ANY PERSON FOR ANY PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, DELIVERY, LICENSE, PERFORMANCE, OR NONPERFORMANCE OF CERTIFICATES, DIGITAL SIGNATURES, OR ANY OTHER TRANSACTIONS OR SERVICES OFFERED OR CONTEMPLATED BY THIS AGREEMENT.

12. Limitations Period. 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 Agreement.

13.Refund. If you paid for the IECA Certificate and you are not completely satisfied with the IECA Certificate issued to you for any reason, you may request that VeriSign revoke the IECA 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 IECA Certificate and provide a refund if VeriSign has breached a warranty or other material obligation under either this Agreement or the NetSure Protection Plan relating to you or your IECA Certificate. After VeriSign revokes your IECA 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.

14. Harmful Conduct. You will be solely responsible for any harm or liability caused by (a) your use of a IECA Certificate contrary to Section 4; (b) any information or data you supplied to VeriSign, including, without limitation, any misrepresentation in your Certificate Application; (c) any willful or intentional misconduct in connection with the use of the IECA Certificate; (d) a breach of your warranties or obligations under this Agreement; (e) your failure to protect your Private Key; (f) your choice and use of security software, hardware, and encryption/digital signature algorithms, including their respective parameters, procedures, and techniques; and (g) any conduct by you that breaches the security of the VeriSign IECA public key infrastructure.

15. Term and Termination. The term of this Agreement will begin on the date you submit a Certificate Application to VeriSign, and will end upon the earlier of the IECA Certificate expiration date or, following advance notice by VeriSign, the termination of VeriSign's participation in the DOD IECA initiative. This Agreement shall be terminated upon VeriSign's receipt of your written request (in accordance with Section 15) to terminate this Agreement, the revocation of your IECA Certificate, or any material breach of your obligations under this Agreement. VeriSign is entitled to terminate this Agreement without prior notice to you under Section 5. If it has not already done so, VeriSign will revoke your unexpired Certificate upon termination. This sentence and the provisions of Sections 5, 7, 10, 11, 13, 14, 16, 17 and 18 will survive expiration or termination of this Agreement.

16. Notices. You may notify VeriSign of an actual or suspected Compromise of your private key's security in either writing or digitally signed e-mail sent to ieca-support@verisign.com. All other notices between the parties will be as specified below. Written notice must be made either by courier service that confirms delivery in writing or via certified or registered mail, postage prepaid, return receipt requested. VeriSign will send notices to you at your corporate address or e-mail address you provide in your Certificate Application. You will make all notices, demands or requests to VeriSign with respect to this Agreement in writing to the following addresses: General Counsel, VeriSign, Inc., 487 E. Middlefield Road, Mountain View, California, USA 94043. References to telephone numbers above shall mean 1-650-426-3400.

17. Dispute Resolution. In the event of any dispute or claim relating to this Agreement, except for those based on Section 7, the parties shall follow the dispute resolution procedures detailed in this Section 17.

a. Negotiation. The parties shall use their best efforts to settle any disputes or claims relating to this Agreement by good faith negotiations. If the parties do not reach a solution after a reasonable period (but, in any event within sixty (60) days from the first day notice of a dispute is received by the other party), then, upon notice by either party to the other, such disputes or disagreement shall be finally settled according to Section 17(b).

b. Resolution. If you are a U.S. resident, all proceedings to resolve any disputes or claims relating to this Agreement shall be brought in a federal or state court whose jurisdiction encompasses Santa Clara County, California. Both you and VeriSign waive any defenses to such proceedings based on lack of personal jurisdiction, improper venue, or insufficiency of service of process. The parties also waive any right to a jury trial in any such suit. If you are not a U.S. resident, all disputes or claims relating to this Agreement shall be resolved by arbitration administered by the International Chamber of Commerce ("ICC") according to the ICC Rules of Conciliation and Arbitration. Judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitration award shall be in writing and shall specify the factual and legal bases for the award. The existence, content, or results of any arbitration hereunder shall not be disclosed without the prior written consent of both parties. Nothing in this Section 17 shall preclude VeriSign from seeking, to the extent permitted by governing law, equitable (including injunctive) relief upon an alleged or suspected Compromise of a Private Key, breach in the security of the VeriSign IECA public key infrastructure, or upon an alleged infringement of any of VeriSign's intellectual property rights.

18. Miscellaneous.

a. Entire Agreement; Amendment; Assignment; Waiver. This Agreement, together with the Subscriber Enrollment Form, is the entire agreement between the parties and takes the place of all current and previous agreements, whether oral or written, between the parties concerning the subject matter of this Agreement. No amendment or modification to this Agreement will be binding unless it is in writing and signed by a duly authorized representative of VeriSign. You will not assign or delegate this Agreement, or any obligation or right under this Agreement, without VeriSign's prior written consent. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived by VeriSign in writing, signed by a duly authorized representative of VeriSign, and no waiver will be deemed a continuing or future waiver of any provision or subsequent breach.

b. Successors and Assigns. Subject to Section 18(a), this Agreement binds and is for the benefit of the permitted successors, executors, heirs, representatives, administrators, and assigns, whether express, implied, or apparent, of both you and VeriSign.

c. Unforeseeable Events. Any delay or failure in performance by VeriSign or its contractors, vendors, or service suppliers under this Agreement will not be considered a breach of this Agreement if and to the extent caused by events beyond the reasonable control of VeriSign, including but not limited to, acts of God, governmental restrictions, strikes or war, provided that, VeriSign promptly notifies you of the unforeseeable event.

d. Export. You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your IECA 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 IECA Certificate into or to (i) a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, North Korea, or 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. IN THE EVENT YOU EXPORT A CERTIFICATE TO A NON-UNITED STATES OR CANADA ENTITY OR INDIVIDUAL, YOU AGREE TO PROVIDE VERISIGN WITH THE INFORMATION VERISIGN NEEDS IN ORDER TO REPORT SUCH EXPORTS TO THE UNITED STATES GOVERNMENT.

e. Governing Law; Severability. This Agreement, and the interpretation of it, will be governed by the laws of the State of California, exclusive of its conflicts-of-laws principles. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability will not affect the remainder of this Agreement, and this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable and valid.

VeriSign Department of Defense Interim External Certificate Authority Web Server Certificate Subscriber Agreement v1.0