VeriSign Managed PKI End User Software License Agreement


BY CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING THE SOFTWARE OR OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE, OR CLICK THE "DO NOT ACCEPT" BUTTON, AND, IF APPLICABLE, RETURN THIS PRODUCT TO VERISIGN.


THIS MANAGED PKI END USER SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between you, the end user, and VeriSign, Inc., a Delaware corporation ("VeriSign").

1. Grant of License.

VeriSign grants to you a non-exclusive, non-transferable license to use the specified version of its proprietary Managed PKI local hosting software computer product (formerly known as OnSite Software) (the "Software") on computers or network servers under your control that are used in connection with obtaining the VeriSign Managed PKI service. Additionally, you may make a copy of the Software for backup purposes. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing copies of the Software. You may not use the Software for any use prohibited by law.

2. Intellectual Property Protection.

The Software, including its operation, code, architecture and implementation, as well as the look and feel of the Software are the valuable intellectual property of VeriSign. The Software is protected by United States copyright laws and international treaty provisions. This Agreement does not give you any intellectual property rights in the Software. You agree not to modify, translate, disassemble, decompile, reverse engineer, create derivative works of, or make any other attempt by any means to discover or obtain the source code for the Software.

3. Limited Warranty.

VeriSign warrants that the Software will perform substantially in accordance with VeriSign's published specifications for the Software for a period of ninety (90) days from the date you acquire the Software. Your exclusive remedy, and VeriSign's entire liability in tort, contract or otherwise, for any breach of this warranty shall be, in VeriSign' sole discretion: (i) to repair or replace the Software or (ii) to refund the associated Managed PKI service fee. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY VERISIGN. VERISIGN MAKES NO OTHER WARRANTY, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE ABOVE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO VERISIGN DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the Software is subjected to accident, abuse or improper use; or if you violate the terms of this Agreement; then this warranty shall immediately be terminated.

4. Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VERISIGN OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF VERISIGN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. VERISIGN SHALL BE HELD HARMLESS FOR ANY LOSSES, REAL OR PERCEIVED, THAT OCCUR RELATING TO THE USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

5. Termination.

Your license to use the Software is terminated if you violate this Agreement. Upon termination, you must destroy all copies of the Software and related documentation.

6. Government End Users.

If this license is acquired under a U.S. government contract, you acknowledge that the Software and documentation are "Commercial Computer Software"as that term is defined in 48 C.F.R. 12.212 of the Federal Acquisition Regulations (FAR) and in 48 C.F.R. 227.7014(a)(i) of the Department of Defense Federal Acquisition Regulations Supplement (DFARS).

7. General Provisions.

This Agreement is the exclusive agreement between you and VeriSign concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and VeriSign. This Agreement will be governed by the laws of the State of California applicable to contracts executed and performed entirely in California by residents of that State. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. This Agreement can only be modified by a writing signed by both parties. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

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