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VERISIGN MANAGED PKI EVALUATION AGREEMENT
Version 1.2 February 21, 2002
PLEASE READ THIS VERISIGN MANAGED PKI EVALUATION AGREEMENT (this "Agreement") CAREFULLY. BY CLICKING "ACCEPT" BELOW AND/OR REQUESTING, USING, OR RELYING UPON A TEST CERTIFICATE OR A TEST ROOT CERTIFICATE (AS THESE TERMS ARE DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND TO BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT REQUEST, USE, OR RELY UPON A TEST CERTIFICATE, A TEST ROOT CERTIFICATE, OR ANY COMPONENT THEREOF.
This Agreement sets forth certain terms and conditions under which a VeriSign Test Certification Authority ("Test CA") issues and manages test Managed PKI administrator certificates ("Test Administrator Certificates") and test Managed PKI end-user certificates ("Test Subscriber Certificates") (Test Administrator Certificates and Test Subscriber Certificates are collectively "Test Certificates") and under which a certificate for the Test CA ("Test Root Certificate") and Test Certificates are used.
A person or organization that is the subject of, and has been issued either a Test Administrator Certificate or a Test Subscriber Certificate, and is capable of using, and is authorized to use, the private key that corresponds to the public key listed in either the Test Administrator Certificate or the Test Subscriber Certificate is a subscriber ("Subscriber"). A Test Administrator Certificate enables a Subscriber to act as an Managed PKI administrator and approve Test Subscriber Certificate applications and otherwise perform Managed PKI administrator functions. A Test Subscriber Certificate enables a Subscriber to use the Test Subscriber Certificate to test the usage of client certificates in his/her application, such as Netscape Navigator or Communicator or Microsoft Internet Explorer. VeriSign makes Test Root Certificates available on its web site for authorized test purposes only in accordance with this Agreement.
A person downloading and/or using the Test Root Certificate ("User"), including but not limited to employees or other representatives of the Subscriber's organization, can test the usage of both Test Administrator Certificates and Test Subscriber Certificates in the person's applications. This Agreement is intended to legally bind and provide notice to Subscribers and other Users.
In consideration of the promises in this Agreement and intending to be legally bound, VeriSign, Subscribers, and Users ("Party" or "Parties" hereunder) agree as follows:
1. USE LIMITED TO AUTHORIZED TESTING PURPOSES. TEST CERTIFICATES, THEIR CORRESPONDING PRIVATE KEYS, AND TEST ROOT CERTIFICATES SHALL BE USED EXCLUSIVELY FOR TEST PURPOSES. TEST CERTIFICATES, THE TEST ROOT CERTIFICATE, AND ALL COMPONENTS THEREOF SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSES, INCLUDING COMMERCIAL TRANSACTIONS, AUTHENTICATING THE IDENTITY OF A SUBSCRIBER OR A TEST CA, OR IN CONNECTION WITH ENSURING THE CONFIDENTIALITY OF ANY INFORMATION. DO NOT REQUEST OR USE A TEST CERTIFICATE OR TEST ROOT CERTIFICATES FOR ANY PURPOSE OTHER THAN FOR TECHNICAL TESTING AUTHORIZED HEREUNDER. SUBSCRIBERS AND USERS ACKNOWLEDGE THAT NEITHER THE IDENTITY NOR AUTHORITY OF SUBSCRIBERS HAS BEEN AUTHENTICATED OR APPROVED BY A TEST CA OR VERISIGN.
2. Issuance and Use. Upon VeriSign's receipt and approval of a complete application for a Test Administrator Certificate, VeriSign shall issue a Test Administrator Certificate to the requesting Subscriber. VeriSign shall allow this Subscriber to use all services associated with Managed PKI under this Agreement ("Managed PKI Evaluation Edition") to issue Test Subscriber Certificates to end user Subscribers. VeriSign shall also provide Subscriber and other Users with access to Test Root Certificates. VeriSign Managed PKI Evaluation Edition, all Test Certificates, and the Test Root Certificate shall be used exclusively for authorized testing purposes in evaluating the VeriSign Managed PKI service.
3. No Suspension or Revocation Services. Subscribers and Users acknowledge that VeriSign shall not be required to suspend or revoke Test Certificates at the request of the Subscriber. VeriSign shall be entitled at its sole discretion to revoke any or all Test Certificates.
4. Permission to Publish Information. VeriSign shall be entitled to publish and otherwise to disclose publicly any Test Certificate or any portion of the content of a certificate, in connection with VeriSign's dissemination of Test Certificate information within and outside of VeriSign's Test CA hierarchy.
5. DISCLAIMER OF WARRANTY. VERISIGN ISSUES TEST CERTIFICATES AND TEST ROOT CERTIFICATES "AS IS" VERISIGN DISCLAIMS ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES PROVIDED BY VERISIGN HEREUNDER, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VERISIGN MAKES NO REPRESENTATION OR WARRANTY TO ANY PERSON THAT ANY SUBSCRIBER TO WHICH IT HAS ISSUED A TEST CERTIFICATE IS IN FACT THE PERSON OR ORGANIZATION IT CLAIMS TO BE IN INFORMATION SUPPLIED TO VERISIGN, OR THAT ANY PERSON OR ORGANIZATION IS IN FACT THE PERSON OR ORGANIZATION LISTED IN A TEST CERTIFICATE OR TEST ROOT CERTIFICATE. VERISIGN MAKES NO ASSURANCES OF THE ACCURACY, AUTHENTICITY, INTEGRITY, OR RELIABILITY OF INFORMATION CONTAINED IN TEST CERTIFICATES OR TEST ROOT CERTIFICATES, OR OF THE RESULTS OF CRYPTOGRAPHIC METHODS IMPLEMENTED IN CONNECTION WITH SUCH CERTIFICATES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERISIGN OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF VERISIGN'S OBLIGATIONS.
6. LIMITATION OF LIABILITY. NO PARTY SHALL BE LIABLE TO ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF SUCH OTHER PERSON HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.THE AGGREGATE LIABILITY TO ANY AND ALL PERSONS CONCERNING A SPECIFIC TEST CERTIFICATE OR TEST ROOT CERTIFICATE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED FIFTY U.S. DOLLARS ($ 50.00).
7. Certificate Expiration. Test Certificates, services associated with Managed PKI Evaluation Edition, and this Agreement shall expire 60 days from the date of issuance of the corresponding Test Administrator Certificate. VeriSign shall additionally be entitled to revoke any Test Certificate, cancel any services associated with Managed PKI Evaluation Edition, and terminate its obligations to a Subscriber under this Agreement, at its sole discretion at any time, with or without cause.
8. After Expiration or Revocation. Upon expiration or revocation of any Test Certificates for any reason, such Test Certificates, their corresponding private keys, any Test Root Certificate downloaded hereunder, and all components thereof, shall not be used or relied upon for any reason. Such expiration or revocation shall not affect Sections 4, 5, 6, 8, and 9 of this Agreement and all subsections of the foregoing, which shall continue in full force and affect to the extent necessary to permit the complete fulfillment thereof. Users shall delete the Test Root Certificate and any private keys corresponding to Test Certificates from their software upon such expiration or revocation.
9. Miscellaneous Provisions.
9.1 Governing Laws. The laws of the State of California, U.S.A. (irrespective of its choice of law principles) shall govern the validity of this Agreement, the construction of its terms, and the interpretation and enforcement of the rights and duties of the parties hereto.
9.2 Successors and Assigns. Except as otherwise provided herein, this Agreement shall be binding upon, and inure to the benefit of the respective successors, executors, heirs, representatives, administrators, and assigns of the Parties. Neither this Agreement nor Subscriber's Test Certificate shall be assignable by Subscriber. Any such attempted assignment or delegation shall be void and of no effect.
9.3 Severability. If any provision of this Agreement, or the application thereof, shall for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and application of such provision to other persons or circumstances shall not be affected thereby and shall be interpreted so as best to reasonably effect the intent of the parties. IT IS EXPRESSLY UNDERSTOOD THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR ANY LIMITATION, DISCLAIMER OR EXCLUSION OF LIABILITY, WARRANTIES, OR DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
9.4 Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements or understandings among the parties.
9.5 Notices. Whenever Subscriber or User desires or is required to give any notice, demand, or request to VeriSign with respect to this Agreement, each such communication shall be in writing and shall be effective only if it is delivered by a courier service that confirms delivery in writing or is mailed, certified or registered mail, postage prepaid, return receipt requested, addressed to VeriSign, Inc., 487 E. Middlefield Road, Mountain View, CA 94043, Attention: Practices. VeriSign's telephone number is +1-650-426-3400. Such communications shall be effective when they are received.
9.6 Trademarks and Trade Names. By reason of this Agreement or the performance hereof, the Parties shall acquire no rights of any kind in any trademark, brand name, logo, or product designation of the other Party and shall not make any use of the same for any reason except as otherwise authorized in writing by the Party that owns all rights to such trademarks, trade names, logos, or product designation.
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