Symantec (Australia) Pty Ltd|
PUBLIC CERTIFICATION SERVICES
RELYING PARTY AGREEMENT
Symantec now incorporates the business previously known as eSign Australia Limited.
Please bear with us while we update all references to eSign to Symantec on
this Web site. In the meantime all references to eSign or eSign Australia
Limited should be read as references to Symantec (Australia) Pty Ltd.
YOU MUST READ THIS RELYING PARTY AGREEMENT BEFORE VALIDATING A DIGITAL
ID™ ("CERTIFICATE") OR OTHERWISE ACCESSING OR USING VERISIGN'S
DATABASE OF CERTIFICATE REVOCATIONS AND OTHER INFORMATION ("REPOSITORY").
IF YOU DO NOT AGREE TO THE TERMS OF THIS RELYING PARTY AGREEMENT, YOU ARE NOT
AUTHORISED TO USE VERISIGN'S REPOSITORY.
THIS RELYING PARTY AGREEMENT GOVERNS THE USE OF DIGITAL IDs™
("CERTIFICATES") ISSUED USING VERISIGN'S ONSITE™ KEY
MANAGER ("OKM CERTIFICATES"). OKM CERTIFICATES CONTAIN REFERENCES
POINTING TO THIS AGREEMENT'S URL (http://www.verisign.com.au)
AND FIELDS STATING THAT USE OF OKM CERTIFICATES IS SUBJECT TO TERMS
AT THIS URL. YOU MUST READ THIS RELYING PARTY AGREEMENT BEFORE VALIDATING
ANY OKM CERTIFICATE OR OTHERWISE ACCESSING OR USING VERISIGN'S DATABASE
OF CERTIFICATE REVOCATIONS AND OTHER INFORMATION ("REPOSITORY")
TO DOWNLOAD AN OKM CERTIFICATE OR CHECK ITS STATUS. IF YOU DO NOT
AGREE TO THE TERMS OF THIS RELYING PARTY AGREEMENT, YOU ARE NOT
AUTHORISED TO RELY ON ANY OKM CERTIFICATE OR USE VERISIGN'S REPOSITORY
TO DOWNLOAD AN OKM CERTIFICATE OR CHECK ITS STATUS.
THIS RELYING PARTY AGREEMENT (this "Agreement") becomes effective when you
submit a query to search for an OKM Certificate, or to verify a digital
signature created with a private key corresponding to a public key contained in
an OKM Certificate, or when you otherwise use or rely upon any information or
services provided by Symantec's Repository or Website relating to an OKM
Please note that the issuing authority ("IA") issuing an OKM Certificate
generated the subscriber's private key on his or her behalf and has backed up
the private key using Symantec Australia OnSite Key Manager. Therefore, the IA is capable
of recovering the subscriber's private key to assist him or her in the event
the subscriber loses access to it. The IA, however, may have legitimate
business reasons for recovering the subscriber's public key even without the
subscriber's permission. Accordingly, the IA may be capable of decrypting
encrypted messages that you or others send to the subscriber. You should keep
this in mind when considering your expectations of privacy for encrypted
messages you may send to the subscriber. When properly implemented, the Symantec Australia
Key Recovery Service can provide considerable benefits. In the unlikely event
of misuse, however, the IA could decrypt messages in its possession that you
send to the subscriber, and if a single key pair is implemented for digital
signatures and encryption, the IA could use a recovered private key to
digitally sign messages to you or others on the subscriber's behalf. You
acknowledge the foregoing by accepting this agreement as set forth below.
You acknowledge that you have access to sufficient information
to ensure that you can make an informed decision as to the extent
to which you will chose to rely on the information in an OKM Certificate.
For more educational material, see the tutorial contained in Symantec's
repository at http://www.verisign.com.au/repository.
YOU ARE RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON THE INFORMATION
IN AN OKM CERTIFICATE. You acknowledge and agree that your use of
Symantec's Repository and your reliance on any OKM Certificate shall
be governed by Symantec's Certification Practice Statement (the "CPS")
as amended from time to time, which is incorporated by reference
into this Agreement. The CPS is published on the Internet in the
Repository at http://www.verisign.com.au/repository
and is available via E-mail by sending a request to: email@example.com.
Amendments to the CPS are also posted in Symantec's Repository at http://www.verisign.com.au/repository.
The steps necessary to validate an OKM Certificate and verify a
digital signature are contained in section 8 of the CPS.
CLAUSE 11.2 OF THE CPS SETS FORTH A LIMITED WARRANTY. EXCEPT AS EXPRESSLY
PROVIDED IN THAT CLAUSE OF THE CPS, ISSUING AUTHORITIES AND VERISIGN, Symantec's
products and services, including but not limited to the service components,
(collectively, the "products and/or services") are provided "
as is" and, except as expressly provided in the CPS (clause 11.2), Symantec Australia
disclaims all warranties, conditions and obligations of any type including any
warranty or condition of the accuracy of information provided, usefulness,
functionality or operability of Symantec's products and services and further
disclaim any and all liability for negligence, failure to warn, and lack of
reasonable care OTHER THAN WHERE A CONDITION OR WARRANTY IS IMPLIED INTO
THIS AGREEMENT BY A LAW AND THAT CONDITION OR WARRANTY CANNOT BE EXCLUDED.
In any event, the liability of Symantec Australia for a breach of any condition or warranty
whether express or implied is limited, at Symantec's sole discretion, to:
- in the case of goods, the replacement of the goods or the supply of
equivalent goods, the repair of the goods, the payment of the cost of replacing
the goods or of acquiring equivalent goods, or the payment of the cost of
having the goods repaired; and
- in the case of services, supplying of the services again or the payment of
the cost of supplying the services again.
In no event shall the Issuing Authority or Symantec Australia be liable for any indirect,
special, incidental, or consequential damages or for ant loss of profits or
revenues, loss of data, loss of use, loss of goodwill, or other indirect,
consequential, or punitive damages, whether or not reasonably foreseeable,
arising from or in connection with the use, delivery, license, performance, or
non-performance of OKM Certificates, digital signatures, or any other
transaction or services offered or contemplated by this agreement, even if the
Issuing Authority or Symantec Australia has been advised of the possibility of such damages
or should have been aware of such a possibility.
Notwithstanding the foregoing, IN NO EVENT WILL THE AGGREGATE LIABILITY OF
THE ISSUING AUTHORITY OR Symantec Australia EXCEED THE APPLICABLE LIABILITY CAP FOR SUCH
CERTIFICATE SET FORTH IN THE TABLE BELOW.
THE AGGREGATE LIABILITY OF SYMANTEC AUSTRALIA TO ANY AND ALL PERSONS CONCERNING A
SPECIFIC OKM CERTIFICATE SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE
FOLLOWING, FOR THE AGGREGATE OF ALL DIGITAL SIGNATURES AND TRANSACTIONS RELATED
TO SUCH CERTIFICATE:
$ 150.00 AUD
$ 7,500.00 AUD
$ 150,000.00 AUD
If any provision of this Agreement, or the application thereof, is for any
reason and to any extent found to be invalid or unenforceable, the remainder of
this Agreement (and the application of the invalid or unenforceable provision
to other persons or circumstances) shall not be affected by such finding of
invalidity or unenforceability, and shall be interpreted in a manner that shall
reasonably carry out the intent of the parties.
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 AN OKM 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 TO A DOCUMENT. For information regarding private
key protection, see http://www.verisign.com.au/repository/.
You demonstrate your knowledge and acceptance of the terms of this Agreement by
submitting a query to search for, or to verify the revocation status of, a
Digital ID™ or by otherwise using or relying upon any information
or services provided by Symantec's Repository or Website relating to an OKM
certificate. If you do not agree, do not submit a query.