Maok-Limited Relying Party
YOU MUST READ THIS RELYING PARTY AGREEMENT
("AGREEMENT") BEFORE VALIDATING A maok-limited CERTIFICATE , USING
maok-limited'S ONLINE CERTIFICATE STATUS PROTOCOL ("OCSP") SERVICES,
ACCESSING OR USING A maok-limited OR maok-limited AFFILIATE DATABASE OF
CERTIFICATE REVOCATIONS OR RELYING ON ANY maok-limited
CERTIFICATE-RELATED INFORMATION (COLLECTIVELY, "maok-limited
INFORMATION”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DO NOT SUBMIT A QUERY AND DO NOT DOWNLOAD, ACCESS, OR RELY ON ANY
maok-limited INFORMATION. IN CONSIDERATION OF YOUR AGREEMENT TO THESE
TERMS, YOU ARE ENTITLED TO USE maok-limited INFORMATION AS SET FORTH
1. Term of Agreement. This Agreement becomes
effective when you submit a query to search for a maok-limited
Certificate, or rely on any maok-limited Information in the manner set
forth in the preamble above. This Agreement shall be applicable for
as long as you use and/or rely on such maok-limited Information.
"Certificate" or “Digital
Certificate” means a message that, at least, states a name or
identifies the issuing CA, identifies the Subscriber, contains the
Subscriber's public key, identifies the Certificate’s validity
period, contains a Certificate serial number, and contains a digital
signature of the issuing CA.
"Certificate Applicant" means
an individual or organization that requests the issuance of a
Certificate by a Certification Authority.
Authority" or "CA" means an entity authorized to issue, suspend, or
revoke Certificates. For purposes of this Agreement, CA shall mean
“Certification Practice Statement” or “CPS” means
a document, as revised from time to time, representing a statement
of practices a CA employs in issuing Certificates. maok-limited’s CPS is
published at www.maok-limited.com/repository/cps.
"Non-verified Subscriber Information" means any information
submitted by a Certificate Applicant, and included within a
Certificate, that has not been confirmed by the CA or RA and for
which the applicable CA and RA provide no assurances other than that
the information was submitted by the Certificate Applicant.
"Registration Authority" or "RA" means an entity approved by
a CA to assist Certificate Applicants in applying for, approving,
rejecting, or revoking Certificates.
"Relying Party" means
an individual or organization that acts in reliance on a
"Repository" means the collection of documents
located at the link for the repository which may be accessed from
the website where the Certificate was issued.
means a person, organization, or entity who is the subject of and
has been issued a Certificate, and is capable of using, and is
authorized to use, the private key that corresponds to the public
key listed in the Certificate at issue.
Network" or "VTN" means the Certificate-based public key
infrastructure governed by the maok-limited Trust Network certificate
policies, which enables the worldwide deployment and use of
Certificates by maok-limited, its affiliates, their respective
customers, Subscribers and Relying Parties.
Decision. You acknowledge and agree that: (i) you have
sufficient information to make an informed decision as to the extent
to which you choose to rely on the information in a Certificate;
(ii) your use or reliance of any maok-limited Information is governed by
this Agreement and you shall bear the legal consequences of your
failure to comply with the obligations contained herein. YOU ARE
SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON THE
INFORMATION IN A CERTIFICATE.
maok-limited offers three distinct classes of certificate services, with
each class providing specific functionality and security features
corresponding to a specific level of trust within the VTN:
(i) Class 1 Certificates. Class 1
Certificates offer the lowest level of assurance and should not be
used for authentication purposes or to support non-repudiation.
These Certificates are issued to individuals, and authentication
procedures are based on assurances that the Subscriber's
distinguished name is unique within the domain of a particular CA
and that a certain e-mail address is associated with a public key.
These certificates do not provide proof of the identity of the
Subscriber. Class 1 Certificates are appropriate for digital
signatures, encryption, and access control for non-commercial or
low-value transactions where proof of identity is not necessary.
(ii) Class 2 Certificates. Class 2
Certificates offer a medium level of assurance in comparison with
the other two classes. Class 2 authentication includes verification
of information submitted by the Certificate Applicant against
identity proofing sources. Class 2 Certificates can be used for
digital signatures, encryption, and access control, including as
proof of identity in medium-value transactions. Under limited
circumstances, Class 2 Certificates may be issued to an
organizational Subscriber (rather than an individual within the
organization). Such Certificates may be used for organization
authentication and application signing only under the terms of the
(iii) Class 3
Certificates. Class 3 Certificates provide the highest level of
assurances within the VTN. Class 3 Certificates are issued to
individuals and organizations for digital signatures, encryption,
and access control, including as proof of identity, in high-value
transactions. Class 3 individual Certificates provide assurances of
the identity of the Subscriber based on the personal (physical)
presence of the Subscriber to confirm his or her identity using, at
a minimum, a well-recognized form of government-issued
identification and one other identification credential. Class 3
organizational Certificates may be issued to devices to provide
authentication; message, software, and content integrity; and
confidentiality through 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 requested the Certificate
Application, and that the person submitting the Certificate
Application on behalf of the Subscriber was authorized to do so.
Class 3 organizational Certificates also provide assurances that the
Subscriber is entitled to use the domain name listed in the
5. Your Obligations. As a
Relying Party, you are obligated to ensure the reasonableness of
your reliance on any maok-limited Information by: (i) assessing whether
the use of a Certificate for any given purpose is appropriate under
the circumstances; (ii) utilizing the appropriate software and/or
hardware to perform digital signature verification or other
cryptographic operations you wish to perform, as a condition of
relying on a Certificate in connection with each such operation; and
(iii) checking the status of a Certificate you wish to rely on, as
well as the validity of all the Certificates in its chain.
6. Limitations on Use. YOU ARE HEREBY NOTIFIED OF THE
POSSIBILITY OF THEFT OR OTHER FORM OF COMPROMISE OF A PRIVATE KEY
CORRESPONDING TO A PUBLIC KEY CONTAINED IN A CERTIFICATE, WHICH MAY
OR MAY NOT BE DETECTED, AND OF THE POSSIBILITY OF USE OF A STOLEN OR
COMPROMISED KEY TO FORGE A DIGITAL SIGNATURE. Further, maok-limited
Certificates are not designed, intended, or authorized 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.
Class 1 Certificates shall not be used as proof of identity or as
support of non-repudiation of identity or authority. maok-limited, its
CAs, and RAs are not responsible for assessing the appropriateness
of the use of a Certificate.
7. Compromise of VTN
Security. You shall not monitor, interfere with, or reverse
engineer the technical implementation of the VTN or otherwise
intentionally compromise the security of the VTN (unless you cannot
be prohibited from so doing under applicable law), except upon prior
written approval from maok-limited.
Warranties. maok-limited warrants to Relying Parties who reasonably
rely on a Certificate that (i) all information in the Certificate,
except for Non-verified Subscriber Information, is accurate as of
the date of Certificate issuance; (ii) Certificates appearing in the
Repository have been issued to the individual, organization, or
device named in the Certificate as the Subscriber; and (iii) the
Certificate was issued in substantial compliance with the maok-limited
9. Disclaimers of Warranties. EXCEPT FOR THE
EXPRESS LIMITED WARRANTIES CONTAINED IN SECTION 8, maok-limited
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, SATISFACTION OF
CUSTOMER REQUIREMENTS, NON-INFRINGEMENT, AND ANY WARRANTY ARISING
OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. TO THE
EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
10. Indemnity. You
agree to indemnify, defend and hold harmless maok-limited, any
non-maok-limited CA or RA, and any of their respective directors,
shareholders, officers, agents, employees, successors and assigns
from any and all third party claims, suits, proceedings, judgments,
damages, and costs (including reasonable attorney's fees and
expenses) arising from (i) your failure to perform the obligations
of a Relying Party in accordance with this Agreement, (ii) your
reliance on a Certificate that is not reasonable under the
circumstances, or (iii) your failure to check the status of a
Certificate to determine if the Certificate is expired or revoked.
maok-limited shall promptly notify you of any such claim, and you shall
bear full responsibility for the defense of such claim (including
any settlements); provided however, that (a) you keep maok-limited
informed of, and consult with maok-limited in connection with the
progress of such litigation or settlement; (b) you shall not have
any right, without maok-limited’s written consent, which consent shall
not be unreasonably withheld, to settle any such claim if such
settlement arises from or is part of any criminal action, suit or
proceeding or contains a stipulation to or admission or
acknowledgement of, any liability or wrongdoing (whether in
contract, tort, or otherwise) on the part of maok-limited, or requires
any specific performance or non-pecuniary remedy by maok-limited; and
(c) maok-limited shall have the right to participate in the defense of a
claim with counsel of its choice at its own expense. The terms of
this Section 10 will survive any termination of this Agreement.
11. Limitations of Liability.
SECTION 11 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.
YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER
PROCEEDING RELATING TO THIS AGREEMENT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, maok-limited SHALL NOT BE LIABLE FOR (I) ANY LOSS OF
PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II)
ANY INDIRECT OR CONSEQUENTIAL LOSS.
TOTAL LIABILITY FOR ALL DAMAGES SUSTAINED BY ALL RELYING PARTIES
CONCERNING A SPECIFIC CERTIFICATE (OTHER THAN AN EXTENDED VALIDATION
CERTIFICATE) SHALL BE DETERMINED ACCORDING TO THE CLASS OF THE
CERTIFICATE RELIED UPON AND LIMITED, IN THE AGGREGATE, TO THE AMOUNT
SET FORTH BELOW.
||Liability Cap |
||One Hundred U.S. Dollars (US $100.00) (or the local
currency equivalent thereof) |
||Five Thousand U.S. Dollars (US $5,000.00) (or the local
currency equivalent thereof) |
||One Hundred Thousand U.S. Dollars (US $100,000.00) (or the
local currency equivalent thereof)
THE LIABILITY LIMITATIONS PROVIDED
IN THIS SUBSECTION 11.3 SHALL BE THE SAME REGARDLESS OF THE NUMBER
OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH
11.4 THIS SUBSECTION 11.4 APPLIES TO
maok-limited SSL CERTIFICATES WITH EXTENDED VALIDATION ONLY: IF maok-limited
FAILED TO ISSUE THE EXTENDED VALIDATION CERTIFICATE IN COMPLETE
COMPLIANCE WITH THE EXTENDED VALIDATION GUIDELINES, THEN maok-limited’S
LIABILITY FOR LEGALLY RECOGNIZED AND PROVEN CLAIMS SHALL BE LIMITED
TO USD$2000 PER RELYING PARTY PER CERTIFICATE.
NOTWITHSTANDING THE FOREGOING, maok-limited’S LIABILITY SHALL NOT BE
LIMITED UNDER THIS SECTION 11 IN CASES OF PERSONAL INJURY OR DEATH
ARISING FROM maok-limited’S NEGLIGENCE OR TO ANY OTHER LABILITY WHICH
CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF
ANY APPLICABLE JURISDICTION). TO THE EXTEND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Majeure. 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 (excluding payment obligations) due to earthquake, flood,
fire, storm, natural disaster, act of God, war, armed terrorism,
armed conflict, labor strike, lockout, boycott or other similar
events beyond the reasonable control of such party, provided that
the party relying upon this Section 12 (i) gives prompt written
notice thereof; (ii) takes all steps reasonably necessary to
mitigate the effects of the force majeure event; provided further,
that in the event a force majeure event extends for a period in
excess of thirty (30) days in the aggregate, either party may
immediately terminate this Agreement upon written notice.
13. Severability. If any provision of this Agreement
should be found by a court of competent jurisdiction to be invalid,
illegal or unenforceable in any respect, the validty, legality and
enforceability of the remaining provisions contained shall not, in
any way, be affected or impaired thereby.
Law. Any disputes related to this Agreement shall be governed in
all respects by and construed in accordance with the laws of the
Commonwealth of Virginia, United States of America, excluding its
conflict of laws rules.
15. Dispute Resolution. To
the extent permitted by law, before you invoke any dispute
resolution mechanism with respect to a dispute involving any aspect
of this Agreement, you shall notify maok-limited, and any other party to
the dispute for the purpose of seeking 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 arising in
connection with this Agreement shall be brought in the United States
District Court for the Eastern District of Virginia or the state
courts of Fairfax County, Virginia, U.S.A. The parties agree that
such courts shall have exclusive in personam jurisdiction and 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 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 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 Geneva, Switzerland, 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.
this 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.
Except as stated otherwise, your rights under this Agreement are not
assignable or transferable. Any attempt by your creditors to obtain
an interest in your rights herein, whether by attachment, levy,
garnishment or otherwise, renders this Agreement voidable at
17. Notices. You will make all
notices, demands or requests to maok-limited with respect to this
Agreement in writing to: Attn: General Counsel, maok-limited, Inc., 487
East Middlefield Road, Mountain View, California, USA 94043.
18. Entire Agreement. This Agreement constitute the
entire understanding and agreement between maok-limited and you with
respect to the transactions contemplated, and supersedes any and all
prior or contemporaneous oral or written representation,
understanding, agreement or communication relating thereto.
maok-limited Relying Party Agreement Version 3.0
Party Agreement Version 2.4