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VERISIGN® NETSURE® PROTECTION PLAN
VERSION 1.0 June 20, 1997


Introduction. For a brief description of the terms of the NetSure Protection Plan, please see the linked NetSure Protection Plan Summary, at https://www.verisign.com/repository/netsure/summary.

THIS NETSURE PROTECTION PLAN ("Plan"), offered by VeriSign, Inc. ("VeriSign"), provides warranty protection to each Subscriber who obtains a VeriSign Certificate on or after the Effective Date applicable to that particular class and type of VeriSign Certificate. (See Section 1 for definitions of capitalized terms.) The Plan's warranty protection is subject to certain exceptions, disclaimers of warranty, and exclusions and limitations of liability in this Plan. This Plan does not apply to persons obtaining Demo, Free, and Test Certificates. This Plan is made an integral part of, and is incorporated by reference in, the following Issuing Agreements:
FOR NETSURESM SUBSCRIBERS, THIS PLAN REPLACES THE LIMITED WARRANTIES, DISCLAIMERS OF WARRANTY, AND EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THE FOREGOING ISSUING AGREEMENTS. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN ANY OF THE FOREGOING AGREEMENTS AND THIS PLAN, THE TERMS OF THIS PLAN SHALL CONTROL. FOR EACH NETSURESM SUBSCRIBER, THE TERMS OF THE ISSUING AGREEMENT APPLICABLE TO SUCH NETSURESM SUBSCRIBER THAT ARE CONSISTENT WITH THIS PLAN SHALL APPLY TO SUCH NETSURESM SUBSCRIBER TOGETHER WITH THIS PLAN.

1. Definitions.

1.1 General Definitions. The terms Certificate, Issuing Authority or IA, Public Key, Private Key, Operational Period, Operational Certificate, Certificate Applicant, Subscriber, Subject (of a Certificate), Relying Party, Verify (past tense: Verified), Demo Certificate, Free Certificate, Test Certificate, Nonverified Subscriber Information, and VeriSign Public Certification Services have the meanings given to them in the CPS.

1.2 Definitions Specific to this Plan.

a. VeriSign Certificate. "VeriSign Certificate" means a Certificate issued by VeriSign as IA or a Certificate that is one of a group of Certificates issued by a non-VeriSign IA (within the VeriSign hierarchy) that had retained VeriSign as contractor to issue such Certificates on its behalf (except for certain non-VeriSign IAs designated by VeriSign in an Issuing Agreement).

b. Issuing Agreement. "Issuing Agreement" means the agreement under which a VeriSign Certificate was issued, e.g., the CPS and the Subscriber Agreement; the Server Certificate Agreement; or the Server Certificate End User Agreement.

c. Effective Date. "Effective Date" means the date on which this Plan becomes effective for a particular class and type of NETSURESM Certificates, e.g., Class 1, 2, or 3 Individual Certificates. The Effective Date for a class of Certificates is specified in an Issuing Agreement under which that class is issued.

d. NETSURESM Certificate. "NETSURESM Certificate" means a VeriSign Certificate that was issued on or after the Effective Date for the particular class and type of such VeriSign Certificate.

e. NETSURESM Subscriber. "NETSURESM Subscriber" means a Subscriber that has been issued a NETSURESM Certificate.

f. Compromise. See Section 2.4.

g. Unauthorized Suspension or Revocation of a VeriSign Certificate. See Section 2.5.

h. Loss of Use. See Section 2.5.

i. Impersonation. See Section 2.6.

j. Erroneous Issuance. See Section 2.6.

k. Delay in Requesting Revocation or Suspension. See Section 2.7.

2. Limited Warranties to NETSURESM Subscribers

2.1 Limited Warranty Regarding a NETSURESM Subscriber's Own Certificate. VeriSign warrants to each NETSURESM Subscriber that at the time his, her, or its NETSURESM Certificate is issued:

(a) there are no material misrepresentations of fact in such NETSURESM Certificate that are known to or that originated from VeriSign,

(b) there are no errors in the data in such NETSURESM Certificate that were introduced by VeriSign as a result of its failure to exercise reasonable care, and

(c) such NETSURESM Certificate meets all material requirements of the Issuing Agreement.

2.2 Limited Warranty Regarding the Certificates of Others. VeriSign warrants to NETSURESM Subscribers relying on a digital signature verifiable by the Public Key listed in a VeriSign Certificate that at the time the VeriSign Certificate is issued:

(a) all information in the VeriSign Certificate, other than Nonverified Subscriber Information, is accurate, and

(b) VeriSign has substantially complied with the Issuing Agreement when issuing the VeriSign Certificate.

2.3 Limited Warranty of Identity. VeriSign warrants to NETSURESM Subscribers relying on a digital signature, Verified by a Public Key listed in a VeriSign Certificate (except for a Class 1 Certificate) published in the VeriSign repository, that such VeriSign Certificate has been issued to the Subscriber identified in such VeriSign Certificate upon the Subscriber's request, and that the Subscriber identified in such certificate has accepted the VeriSign Certificate, as described in the Issuing Agreement.

2.4 Limited Warranty Against Compromise. VeriSign warrants to each NETSURESM Subscriber that his, her, or its NETSURESM Certificate, and the VeriSign Certificates of others on which the NETSURESM Subscriber relies, will be free from the following during the Operational Period of the NETSURESM Subscriber's NETSURESM Certificate:

(a) Compromise of the Private Key corresponding to the Public Key in such Certificates, including without limitation, Compromise of the Private Key of VeriSign or of an IA within the VeriSign Public Certification Services, and

(b) Unauthorized use of a Private Key after a Compromise of such Private Key;

Provided that such limited warranty shall not apply if the Compromise or unauthorized use is not wholly or partially caused by a Subscriber's intentional conduct or failure to exercise reasonable care to safeguard his, her, or its Private Key from Compromise.

"Compromise" means a loss, theft, modification, or unauthorized disclosure of a private key, including factoring attacks, key extraction, or loss of control over sensitive information, such as key or security information.

2.5 Limited Warranties Against Unauthorized Suspension or Revocation and Loss of Use. VeriSign warrants to each NETSURESM Subscriber that his, her, or its NETSURESM Certificate, and the VeriSign Certificates of others on which the NETSURESM Subscriber relies, will be free from the following during the Operational Period of the NETSURESM Subscriber's NETSURESM Certificate: (a) Unauthorized Suspension or Revocation of a VeriSign Certificate, and (b) Loss of Use caused by VeriSign.

"Unauthorized Suspension or Revocation of a VeriSign Certificate" means suspension or revocation of a VeriSign Certificate without authorization of the Subscriber (except where VeriSign or an IA properly revokes or suspends the Certificate under the Issuing Agreement), or suspension or revocation of a VeriSign Certificate in error.

"Loss of Use" means the inability of a Subscriber to enter into a transaction due to the inability to access (loss of availability) a web site or links from a web site or databases within a web site because of the inability of the Subscriber to use an Operational Certificate, or the inability to utilize or rely on indispensable certificate status services in a timely fashion, caused by VeriSign.

2.6 Limited Warranties Against Impersonation and Erroneous Issuance. VeriSign warrants to each NETSURESM Subscriber during the Operational Period of the NETSURESM Subscriber's NETSURESM Certificate that the NETSURESM Certificates identifying the NETSURESM Subscriber (except Class 1 NETSURESM Certificates), and the VeriSign Certificates of others on which the NETSURESM Subscriber relies (except Class 1 VeriSign Certificates), were not issued as a result of (a) Impersonation, or (b) Erroneous Issuance.

"Impersonation" means the act of requesting and being issued a VeriSign Certificate based on falsified information relating to identity.

"Erroneous Issuance" means issuance of a VeriSign Certificate in a manner not materially in accordance with the procedures required by the Issuing Agreement, issuance of a Class 2 or 3 VeriSign Certificate to a person other than the one named as the Subject of the VeriSign Certificate, or issuance without the authorization of the person named as the Subject of a VeriSign Certificate.

2.7 Limited Warranty Regarding Delay in Requesting Revocation or Suspension. VeriSign warrants to each NETSURESM Subscriber that he, she, or, it will not be materially and adversely affected when relying on the VeriSign Certificates of other Subscribers due to such other Subscribers' reasonable delay in properly communicating a request for revocation (or suspension, where available) of their VeriSign Certificates ("Delay in Requesting Revocation or Suspension").

3. Refund Policy. VeriSign adheres to, and stands behind, rigorous practices and policies in undertaking certification operations and in issuing Certificates. Nevertheless, if for any reason a NETSURESM Subscriber is not completely satisfied with the NETSURESM Certificate issued to the NETSURESM Subscriber, VeriSign, at the NETSURESM Subscriber's request submitted within thirty (30) days of issuance, shall revoke the NETSURESM Certificate and provide the NETSURESM Subscriber with a full refund. Following the initial thirty (30) day period, VeriSign, at the NETSURESM Subscriber's request, shall revoke the NETSURESM Subscriber's NETSURESM Certificate and provide the NETSURESM Subscriber with a full refund if VeriSign has breached a warranty or other material obligation relating to the NETSURESM Subscriber or the NETSURESM Subscriber's NETSURESM Certificate under the Issuing Agreement or Section 2 of this Plan. After VeriSign or the applicable IA revokes the NETSURESM Subscriber's NETSURESM Certificate, VeriSign will promptly credit the NETSURESM Subscriber's credit card account (if the NETSURESM Certificate was paid for via credit card) or otherwise reimburse the NETSURESM Subscriber via check, for the full amount of the applicable fees paid for the NETSURESM Certificate. To request a refund, NETSURESM Subscribers must complete the Refund Request Form at https://www.verisign.com/repository/refund. This refund policy is not an exclusive remedy and does not limit other remedies that may be available to NETSURESM Subscribers.

4. Incidental and Consequential Damages for Breach of Warranty and Limitations.

4.1 NetSure Payments. Subject to the limitations in Sections 4.2 and 4.3, VeriSign shall pay NETSURESM Subscribers for any incidental or consequential damages caused by VeriSign's breach of one or more of the limited warranties in Section 2. To request a payment under this Section, NETSURESM Subscribers must complete the payment request form at https://www.verisign.com/repository/netsure_pay.html.

4.2 Certificate Lifetime Limit. The total VeriSign will pay a NETSURESM Subscriber under Section 4.1 for all breaches of one or more of the limited warranties in Section 2 and all instances of reliance, including all instances of reliance under Section 4.3, during the entire Operational Period of the NETSURESM Subscriber's NETSURESM Certificate (the "Certificate Lifetime Limit") is indicated on Table 1. The amounts recoverable for reliance on a single VeriSign Certificate will be further limited by Section 4.3.

Where the NETSURESM Subscriber... Holds a Class 1 Certificate Holds a Class 2 Certificate Holds a Class 3 Certificate Holds a Server Certificate
The Certificate Lifetime Limit is $1,000.00 US $25,000.00 US $50,000.00 US $100,000.00 US
TABLE 1 - CERTIFICATE LIFETIME LIMITS

If a NETSURESM Subscriber requests a renewal of a NETSURESM Certificate and VeriSign approves such request, the NETSURESM Subscriber shall be issued a new NETSURESM Certificate with a Certificate Lifetime Limit that is separate from and in addition to the Certificate Lifetime Limit of the expired or expiring NETSURESM Certificate.

4.3 Per Reliance Limit. If a NETSURESM Subscriber sustains incidental damages or consequential damages as a result of relying on the VeriSign Certificate of another Subscriber and because of a breach of one or more of the limited warranties in Section 2, the most VeriSign will pay that NETSURESM Subscriber under Section 4.1 for reliance on that single VeriSign Certificate (the "Per Reliance Limit") is limited to the amount indicated by Table 2.

The Per Reliance Limit where the NETSURESM Subscriber... Holds a Class 1 Certificate Holds a Class 2 Certificate Holds a Class 3 Certificate Holds a Server Certificate
And relied on a Class 1 Certificate $1,000.00 US $1,000.00 US $1,000.00 US $1,000.00 US
And relied on a Class 2 Certificate $1,000.00 US $25,000.00 US $25,000.00 US $25,000.00 US
And relied on a Class 3 Certificate $1,000.00 US $25,000.00 US $50,000.00 US $50,000.00 US
And relied on a Server Certificate $1,000.00 US $25,000.00 US $50,000.00 US $100,000.00 US
TABLE 2 - PER RELIANCE LIMITS
(ASSUMING THAT THESE AMOUNTS ARE AVAILABLE
UNDER THE CERTIFICATE LIFETIME LIMIT)

4.4 NETSURESM Subscribers with Multiple Certificates. This Section addresses the situation where a NETSURESM Subscriber has been duly issued more than one NETSURESM Certificate with Operational Periods that cover the time of a single incident involving alleged breach(es) by VeriSign of one or more of the warranties in Section 2. In such situation, the payments under Section 4.1 relating to such single incident will be counted against the Certificate Lifetime Limit of one, and only one, NETSURESM Certificate.

a. Where Breach(es) Involve a Specific Certificate. If it is possible to identify which of the NETSURESM Subscriber's NETSURESM Certificates is the subject of the breach(es) (for example, breach(es) such as Compromise, Unauthorized Suspension or Revocation of a VeriSign Certificate, or Loss of Use), the payments under Section 4.1 will be counted against the Certificate Lifetime Limit of that NETSURESM Certificate.

b. Where Breach(es) Do Not Involve a Specific Certificate. Otherwise, if it is not possible to identify which of the NETSURESM Subscriber's NETSURESM Certificates is the subject of the breach, (for example, breach(es) such as Impersonation, Delay in Requesting Revocation, Erroneous Issuance, or reliance on the VeriSign Certificate of another), the NETSURESM Subscriber may elect a single NETSURESM Certificate issued to the NETSURESM Subscriber, and the payments under Section 4.1 will be counted against the Certificate Lifetime Limit of that NETSURESM Certificate. VeriSign gives NETSURESM Subscribers this election in order to permit them to distribute their losses among the Certificate Lifetime Limits of their NETSURESM Certificates to their advantage and as they see fit.

c. No Combining of Certificate Lifetime Limits. For any single incident, NETSURESM Subscribers shall not be entitled to receive payments under Section 4.1 exceeding the Certificate Lifetime Limit of any one NETSURESM Certificate by combining amounts available under the Certificate Lifetime Limit of more than one NETSURESM Certificate.

4.5 Volume Purchases. In the case of a person or entity that has purchased multiple NETSURESM Certificates to be issued to individual NETSURESM Subscribers ("Purchasing Entity"), as for example where an employer purchased NETSURESM Certificates for its employees, the NETSURESM Subscriber for purposes of this Plan shall be the individual issued a VeriSign Certificate, rather than the Purchasing Entity.

The Purchasing Entity shall be a NETSURESM Subscriber only to the extent it purchases an organizational NETSURESM Certificate in which the Purchasing Entity itself is named as the Subject of the NETSURESM Certificate. If the Purchasing Entity does not purchase such a NETSURESM Certificate, the Purchasing Entity shall not be a NETSURESM Subscriber. In that case, if the Purchasing Entity sustains damages by its employees or agents relying on the VeriSign Certificates of others, the Purchasing Entity shall be a Relying Party not subject to this Plan, even if such employees or agents are themselves NETSURESM Subscribers. Employees or agents that are NETSURESM Subscribers may obtain payments under Section 4.1 only for incidental or consequential damages that they themselves personally sustain, but not for incidental or consequential damages that the Purchasing Entity sustains.

4.6 Other Remedies. The limitations on payments in Sections 4.2 and 4.3 do not apply to refund payments or general contract damages.

5. Limitations Period. To obtain payments under Section 4.1, a NETSURESM Subscriber must submit a payment request form no later than one (1) year following the end of the Operational Period of the NETSURESM Certificate against whose Certificate Lifetime Limit such payments will be counted. VeriSign shall have no obligation to make any payments against the Certificate Lifetime Limit of a NETSURESM Certificate under Section 4.1 if the NETSURESM Subscriber fails to submit a payment request form within one (1) year following the end of the Operational Period of such NETSURESM Certificate.

6. PERSONS INCLUDED IN THE PLAN. VERISIGN PROVIDES THE LIMITED WARRANTIES IN SECTION 2 ONLY TO NETSURESM SUBSCRIBERS. VERISIGN MAKES NO WARRANTY UNDER THIS PLAN TO ANY OTHER PERSONS, INCLUDING RELYING PARTIES. THIS PLAN AND THE OBLIGATIONS CONTAINED IN IT ARE NOT MADE FOR THE BENEFIT OF ANY PERSONS OTHER THAN NETSURESM SUBSCRIBERS, AND THIS PLAN IS NOT INTENDED TO CREATE ANY THIRD PARTY BENEFICIARY RIGHTS FOR ANY PERSON.

7. Exceptions to the Plan. The limited warranties in Section 2 do not apply to loss or damages of a NETSURESM Subscriber due to:

(a) Reliance upon information contained in or incorporated in a Certificate, whether or not published in the VeriSign repository, where such reliance is unreasonable or unjustified for any reason, in light of, among other things, facts that the NETSURESM Subscriber knows or should know, course of dealing between pertinent parties, or usage of trade.

(b) The failure of such NETSURESM Subscriber or of any other Subscriber to properly communicate a request for revocation (or, where available, suspension) of a Certificate as required by the Issuing Agreement.

(c) The unreasonable delay of such NETSURESM Subscriber or of any other Subscriber in properly communicating a request for revocation (or, where available, suspension) of a Certificate as required by the Issuing Agreement.

1. The failure of such NETSURESM Subscriber or of any other Subscriber to exercise reasonable care to prevent Compromise of the Subscriber's own Private Key, failure to use a trustworthy system, failure to take reasonable precautions to prevent Compromise, or breach of any material obligation under the Issuing Agreement.
(e) The failure of the NETSURESM Subscriber or of a person relying upon the NETSURESM Subscriber's NETSURESM Certificate to apply reasonable security measures to digitally signed messages sent by the NETSURESM Subscriber to the relying party for message and data authentication, or to encrypted messages sent by the relying party to the NETSURESM Subscriber for purposes of data confidentiality.

(f) Any condition or incident of force majeure under the Issuing Agreement.

(g) Acts by any person whose unauthorized conduct seeks to damage, alter, impede, or otherwise misuse the facilities or services of Internet service providers or other providers of Internet-related or telecommunications or value-added services, including but not limited to the use or reproduction of computer viruses.

(h) The failure of communications infrastructure, including components thereof not under the ownership or control of VeriSign or an IA within VeriSign Public Certification Services.

(i) Brown-outs, power failures, or other disturbances to electrical power.

(j) Illegal or unlawful acts by the NETSURESM Subscriber, by another Subscriber, or by any person relying on the NETSURESM Subscriber's VeriSign Certificate.

(k) Use or reliance upon Demo, Test, or Free Certificates.

8. Disclaimers of Warranty.

8.1 Specific Disclaimers. Except as expressly stated in Section 2, IAs and VeriSign:

(a) do not warrant that Nonverified Subscriber Information contained in Certificates is accurate, authentic, reliable, complete, current, merchantable, or fit for a particular purpose,

(b) shall not incur liability to any person for representations contained in a Certificate, provided the Certificate was prepared substantially in compliance with the Issuing Agreement;

(c) do not warrant "nonrepudiation" for any certificate or message (because nonrepudiation is determined exclusively by law and the applicable final dispute resolution mechanism), and

(d) do not warrant the standards or performance of any hardware or software.

8.2 GENERAL DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2 AND THE ISSUING AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IAs AND VERISIGN DISCLAIM ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND OBLIGATIONS OF ANY TYPE TO ANY PERSON, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF THE ACCURACY OF INFORMATION PROVIDED BY CERTIFICATE APPLICANTS, SUBSCRIBERS, AND THIRD PARTIES, AND FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY ACTS BY VERISIGN THAT CONSTITUTE OR MAY BE HELD TO CONSTITUTE NEGLIGENCE, RECKLESSNESS, AND/OR STRICT LIABILITY, WHETHER SOLE OR JOINTLY WITH ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO A NETSURESM SUBSCRIBER.

9. LIMITATION ON GENERAL CONTRACT DAMAGES. IN THE EVENT A NETSURESM SUBSCRIBER INITIATES ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING SEPARATE FROM A REQUEST FOR PAYMENT UNDER SECTION 4: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ALL IAS AND VERISIGN FOR GENERAL CONTRACT DAMAGES SUSTAINED BY A NETSURESM SUBSCRIBER AND ALL DAMAGES SUSTAINED BY ANY OTHER PERSON CAUSED BY THE USE OF OR RELIANCE ON A SPECIFIC CERTIFICATE SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE LIABILITY CAP FOR EACH CLASS OF CERTIFICATE SET FORTH IN THE FOLLOWING TABLE 3, FOR THE TOTAL OF ALL DIGITAL SIGNATURES AND TRANSACTIONS RELATED TO SUCH CERTIFICATE:

Where the Certificate relied upon was a... Class 1 Certificate Class 2 Certificate Class 3 Certificate Server Certificate
The Limitation on Damages is: $100.00
US
$5,000.00 US $100,000.00 US $100,000.00
US
TABLE 3 - LIABILITY CAPS

THE LIMITATION ON DAMAGES PROVIDED IN THIS SECTION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. IN THE EVENT SUCH DAMAGES SUSTAINED EXCEED THE LIMITATION ON DAMAGES, ANY AWARD OF DAMAGES SHALL BE APPORTIONED FIRST TO THE EARLIEST CLAIMS TO ACHIEVE FINAL DISPUTE RESOLUTION, UNLESS OTHERWISE ORDERED BY A COURT OF COMPETENT JURISDICTION. THIS LIMITATION OF DAMAGES DOES NOT LIMIT REFUND PAYMENTS UNDER SECTION 3 OR PAYMENTS UNDER SECTION 4.1. SUBJECT TO SECTIONS 3 AND 4, VERISIGN SHALL NOT BE OBLIGATED TO PAY MORE THAN THE TOTAL LIABILITY CAP FOR EACH CERTIFICATE, REGARDLESS OF THE METHOD OF APPORTIONMENT AMONG CLAIMANTS TO THE AMOUNT OF THE LIABILITY CAP. THE LIMITATION ON DAMAGES IN THIS SECTION APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION ON DAMAGES APPLIES TO LIABILITY UNDER CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE FORM OF LIABILITY CLAIM.

10. EXCLUSION OF CERTAIN ELEMENTS OF DAMAGES. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VERISIGN NOR ANY IA SHALL BE LIABLE 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 THE ISSUING AGREEMENTS OR THIS PLAN, EVEN IF SUCH IAs OR VERISIGN, OR BOTH, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. EXCLUSION OF PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VERISIGN NOR ANY IA SHALL 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 THE ISSUING AGREEMENTS OR THIS PLAN.

12. Assignment of Claims. As a condition to VeriSign's obligation to make any payments to a Subscriber under this Plan, the NETSURESM Subscriber shall make a request for payment and shall subrogate and assign to VeriSign, up to the amount paid by VeriSign under Section 4.1, any and all claims and causes of action such NETSURESM Subscriber has against third parties for damages or other relief that may potentially reimburse VeriSign for payments made by VeriSign to such NETSURESM Subscriber hereunder.

13. Severability. The unenforceability of any provision or provisions of this Plan shall not render unenforceable, or impair, its remainder. If any provision of this Plan shall be deemed invalid or unenforceable, in whole or in part, this Plan 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.