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RepositoryVERISIGN® NETSURE® PROTECTION PLAN VERSION 6.0 August 2006THIS NETSURE® PROTECTION PLAN (“Plan”), provided by VeriSign, Inc. (“VeriSign”), grants the “Covered Persons” identified in Section 1 limited warranty protection subject to certain exceptions, disclaimers of warranty, exclusions, and limitations of liability. This Plan is made an integral part of, and is incorporated by reference in, the Service Agreements under which VeriSign issues certain digital certificates. See Appendix A for definitions of the defined terms used in this Plan. A list of Service Agreements appears in Appendix B of this Plan. 1. Who is Covered. The Plan covers the following “Covered Persons”: (a) “NetSure Subscribers” A NetSure Subscriber is a person or entity who has purchased a VeriSign SSL or Code Signing certificate directly from VeriSign (each, a “NetSure Certificate”) that is subject to a claim under this Plan. A listing of the types of VeriSign certificates that are included as being “NetSure Certificates” and therefore subject to this Plan appear at: https://www.verisign.com.tw/repository/netsure/netsure-matrix.shtml. For clarification, certificates that are branded or co-branded as “VeriSign” certificates but sold by a party other than VeriSign shall not be considered NetSure Certificates under the Plan. (b) “NetSure Relying Parties” A NetSure Relying Party is a NetSure Subscriber that acts in reliance on a NetSure Certificate belonging to another. For clarification, a person and/or entity that has no contractual relationship with VeriSign other than the one arising out of reliance on a NetSure Certificate shall not be considered a “Covered Person” under the Plan unless it is a NetSure Subscriber. (a) “NetSure Subscribers” For NetSure Subscribers, the Applicable Time Period is the Operational Period of their NetSure Certificates. “Operational Period” means a period starting with the date and time a certificate is issued (or on a later date and time certain if stated in the certificate) and ending with a date and time at which the certificate expires or is earlier revoked. 3.1 Limited Warranty Regarding a NetSure Certificate. VeriSign warrants that at the time of issuance of a NetSure Certificate: (a) there are no material misrepresentations of fact in such NetSure Certificate known to VeriSign or originating from VeriSign; (b) there are no errors in the data contained within such NetSure Certificate that were introduced by VeriSign as a result of its failure to exercise reasonable care in creating the NetSure Certificate; (c) the NetSure Certificate meets all material requirements of the Service Agreement under which the NetSure Certificate was issued; and (d) all information in or incorporated by reference in the NetSure Certificate (except information not verified by VeriSign) is accurate. THE WARRANTY IN SECTION 3.1 SHALL NOT APPLY TO THE EXTENT THE BREACH ARISES FROM THE CONDUCT OF THE NETSURE SUBSCRIBER ITSELF (AS OPPOSED TO VERISIGN) IN ISSUING OR INCORPORATING INFORMATION IN THE NETSURE CERTIFICATE. 3.2 Limited Warranty Against Unauthorised Use, Unauthorised Disclosure, and Compromise. 3.4 Limited Warranties Against Erroneous Issuance. VeriSign warrants that, during the Applicable Time Period, NetSure Certificates are issued to the entities named as subjects of such certificates and were not issued as a result of Erroneous Issuance. “Erroneous Issuance” means issuance of a NetSure Certificate by VeriSign in a manner not materially in accordance with the procedures required by the Service Agreement, issuance of a NetSure Certificate by VeriSign to an entity other than the one named as the subject of the certificate, or issuance of a NetSure certificate without the authorisation of the entity named as the subject of such certificate. 4. Payments and Payment Requests Under the Plan. 4.1 NetSure Payments. Subject to the limitations in Sections 5, VeriSign shall pay a Covered Person for damages caused by a breach of one or more of the limited warranties in Section 3. 4.2 Requirements for Making a Payment Request. As a condition to payment under Section 4.1, a Covered Person must: (a) make a payment request by completing and submitting the Loss Report Form; (b) provide other information reasonably requested by VeriSign, its agents, or its employees (including without limitation proof of the Covered Person's damages); and (c) provide reasonable cooperation with any investigation concerning damages to the Covered Person. 4.4 Limitations Period. VeriSign shall have no obligation to make a payment under Section 4.1 for breach of one or more of limited warranties in Section 3 unless the Covered Person submits a Loss Report as required by Section 4.2 within one (1) year following the latter of the event giving rise to the breach of warranty or the end of the Operational Period of the NetSure Certificate which gave rise to the breach of warranty. 5. Limitations on Payments Under the Plan. 5.1 Limitation on Payments to NetSure Subscribers and NetSure Relying Parties. The most that VeriSign must pay a NetSure Subscriber under the Plan is the “Certificate Lifetime Limit” that applies under Section 5.2. If a breach of one or more of the limited warranties in Section 3 results in the NetSure Subscriber sustaining damages caused by relying on the NetSure Certificate of another, then there is a second "Per Reliance Limit" under Section 5.3 that applies in addition to the Certificate Lifetime Limit. 5.2 Certificate Lifetime Limit. The Certificate Lifetime Limit for each type of NetSure Certificate appears in Table 1 of the current version of the VeriSign NetSure Protection Plan Matrix, which is incorporated by reference in this Plan. That table is entitled “Certificate Lifetime Limits on Payments Under the Plan.” The current version of the VeriSign NetSure Protection Plan Matrix is located at https://www.verisign.com.tw/repository/netsure/netsure-matrix.shtml. (a) How the Certificate Lifetime Limit Works. The Certificate Lifetime Limit is the most that VeriSign must pay a NetSure Subscriber for any and all breaches of Section 3 limited warranties affecting its own NetSure Certificates during the Applicable Time Period. All payments under Section 4.1 reduce the amount of the Certificate Lifetime Limit available for future payments. Once the Certificate Lifetime Limit of a NetSure Subscriber is exhausted by payments under Section 4.1, VeriSign has no further obligation to make further payments under Section 4.1 for breaches relating to that NetSure Certificate. Nonetheless, when NetSure Certificates are renewed at the end of their Operational Periods, the new NetSure Certificate issued upon renewal has its own new Certificate Lifetime Limit. (b) Erroneous Issuance. One kind of breach of Section 3 is Erroneous Issuance resulting in the issuance of a NetSure Certificate incorrectly naming a NetSure Subscriber. Note: The certificate issued because of Erroneous Issuance is not the same as the NetSure Subscriber's own (correctly-issued) certificate. When this kind of breach occurs, only one Certificate Lifetime Limit applies to the breach. In addition, the Certificate Lifetime Limit applicable to the breach is the one for the NetSure Subscriber's own Certificate, not the Certificate Lifetime Limit of the certificate resulting from Erroneous Issuance. If the NetSure Subscriber has more than one NetSure Certificate, then the Covered Person can choose which of these NetSure Certificates will provide the Certificate Lifetime Limit for the breach. A Covered Person cannot choose a NetSure Certificate if its Certificate Lifetime Limit has already been exhausted. Any payments made under Section 4.1 reduce the applicable Certificate Lifetime Limit. Further, the issuance of a certificate as a result of Erroneous Issuance is a single breach regardless of how many relying parties rely on that certificate, the amount or number of payments that a Covered Person may need to pay to satisfy claims asserted by the relying parties, the number or amount of other losses sustained by the Covered Person as a result of the issuance of such certificate, or the number of other certificates held by the Covered Person. 5.3 Per Reliance Limit. If a breach of one of the Section 3 warranties results in damages to a Covered Person caused by reliance on the NetSure Certificate of another, the limitations of Sections 5.1 to 5.2 apply. In addition, however, the Covered Person also has a "Per Reliance Limit" that further limits payments for any one such breach. The Per Reliance Limit applicable to a particular breach is based on Table 2 of the current version of the VeriSign NetSure Protection Plan Matrix, which is incorporated by reference here. That table is entitled "Per Reliance Limits." The current version of the VeriSign NetSure Protection Plan Matrix is located at https://www.verisign.com.tw/repository/netsure/netsure-matrix.shtml. (a) How the Per Reliance Limit Works. The "Per Reliance Limit" is the most VeriSign will pay a Covered Person under Section 4.1 for any one breach caused by reliance on the NetSure Certificate of another, no matter how many times that Covered Person relies on the NetSure Certificate. For example, if a single NetSure Certificate is issued as a result of Erroneous Issuance, and five digitally-signed messages were sent to a Covered Person, then a single breach has taken place. The Covered Person may only recover the Per Reliance Limit once for such breach (subject to the applicable Certificate Lifetime Limit), even if the Covered Person relies on all five digital signatures, and even if that reliance results in a total loss that exceeds the Per Reliance Limit. 6. Refund Policy. 8. Liability Caused by Party Other Than VeriSign. The limited warranties in Section 3 do not apply to losses or damages caused in whole or in part by a third party or a certificate subscriber’s own breach of any warranty or obligation in its Service Agreement with VeriSign. VeriSign shall not be liable for actions outside its scope of control. In connection therewith, VeriSign shall not be liable for any loss or damage that is not due to a defect in materials or workmanship of a VeriSign digital certificate or otherwise caused by VeriSign’s negligence or breach of its contractual obligations under the Service Agreement. In no event shall VeriSign be liable for any loss or damage that results from any fortuitous event or events. (c) The failure or unreasonable delay of such Covered Person to properly communicate a request for revocation of a VeriSign certificate as required by the Service Agreement. (d) The failure of such Covered Person to exercise reasonable care to prevent Compromise of the Subscriber's own private key; failure of such Covered Person to use a trustworthy system; and breach by such Covered Person of a material obligation under the Service Agreement. (e) The failure of a Covered Person to apply reasonable security measures to verify the digital signature of the NetSure Certificate. (f) The failure of such Covered Person to apply reasonable security measures prior to and during the creation, storage, and transfer of encrypted messages prepared for a NetSure Subscriber for purposes of sharing confidential or secret data with such Subscriber as an intended recipient, including without limitation (i) the failure to determine that such NetSure Certificate is an operational certificate; and (ii) the failure to validate a certificate chain for the NetSure Certificate. (i) Any condition or incident of force majeure under the Service Agreement. (j) Acts by any persons whose illegal or unauthorised conduct damages, alters, impedes, or otherwise misuses the facilities or services of Internet service providers or other providers of telecommunications or value-added services including, but not limited to, the use or reproduction of malicious software such as computer viruses. (k) The failure of communications infrastructure, processing, or storage media or mechanisms, including components thereof, not under the exclusive ownership or control of VeriSign. (l) Brown-outs, power failures, or other disturbances to electrical power. (m) Illegal acts by a person coercing the Covered Person to perform acts causing the Covered Person's loss or damages. (n) Use or reliance upon demo or test certificates. 10. Disclaimers of Warranty. 10.1 SPECIFIC DISCLAIMERS. EXCEPT AS EXPRESSLY STATED IN SECTION 3, VERISIGN: (A) DOES NOT WARRANT THAT NONVERIFIED SUBSCRIBER INFORMATION CONTAINED IN NETSURE CERTIFICATES IS ACCURATE, AUTHENTIC, RELIABLE, COMPLETE, CURRENT, MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE; (B) SHALL NOT INCUR LIABILITY FOR REPRESENTATIONS CONTAINED IN A NETSURE CERTIFICATE, PROVIDED THE CERTIFICATE WAS PREPARED SUBSTANTIALLY IN COMPLIANCE WITH THE SERVICE AGREEMENT; (C) DOES NOT WARRANT "NONREPUDIATION" FOR ANY NETSURE CERTIFICATE OR ANY MESSAGE (BECAUSE NONREPUDIATION IS DETERMINED EXCLUSIVELY BY LAW AND THE APPLICABLE FINAL DISPUTE RESOLUTION MECHANISM); AND 10.2 GENERAL DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3 AND THE SERVICE AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN DISCLAIMS: (A) ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND OBLIGATIONS OF ANY TYPE, 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 (B) ANY LIABILITY FOR ANY ACTS BY THIRD PARTIES THAT CONSTITUTE OR MAY BE HELD TO CONSTITUTE NEGLIGENCE, RECKLESSNESS, AND/OR STRICT LIABILITY, WHETHER SOLELY OR JOINTLY ACTED WITH ANY OTHER PERSON INCLUDING, BUT NOT LIMITED TO, ANY COVERED PERSON. 11. LIMITATION ON GENERAL CONTRACT DAMAGES. IN THE EVENT A COVERED PERSON INITIATES ANY CLAIM, ACTION, SUIT, ARBITRATION, OR OTHER PROCEEDING SEPARATE FROM A REQUEST FOR PAYMENT UNDER SECTION 4.2, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN’S TOTAL LIABILITY FOR GENERAL CONTRACT DAMAGES SUSTAINED BY ANY AND ALL COVERED PERSONS, COMBINED WITH ANY AND ALL DAMAGES SUSTAINED BY ANY AND ALL OTHER PERSONS CAUSED BY THE USE OF OR RELIANCE ON A SPECIFIC NETSURE CERTIFICATE SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED $100,000, FOR THE TOTAL OF ALL DIGITAL SIGNATURES, TRANSACTIONS, AND CLAIMS RELATED TO SUCH NETSURE CERTIFICATE. THE LIABILITY CAP 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 THE DAMAGES SUSTAINED BY THE USE OR RELIANCE ON A NETSURE CERTIFICATE EXCEED THE LIABILITY CAP FOR SUCH CERTIFICATE, PAYMENT OF DAMAGES SHALL BE APPORTIONED FIRST TO THE EARLIEST CLAIMS TO ACHIEVE FINAL RESOLUTION (BY SETTLEMENT OR OTHERWISE), UNLESS OTHERWISE ORDERED BY A COURT OF COMPETENT JURISDICTION. THIS SECTION DOES NOT LIMIT REFUND PAYMENTS UNDER SECTION 6 OR PAYMENTS UNDER SECTION 4.1. SUBJECT TO SECTIONS 4 AND 6, VERISIGN SHALL NOT BE OBLIGATED TO PAY MORE THAN THE TOTAL LIABILITY CAP FOR EACH NETSURE CERTIFICATE, REGARDLESS OF THE METHOD OF APPORTIONMENT AMONG CLAIMANTS OF THE AMOUNT OF THE LIABILITY CAP. THIS SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION 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. 12. EXCLUSION OF CERTAIN ELEMENTS OF DAMAGES. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN SHALL NOT BE LIABLE 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 OR SERVICES OFFERED OR CONTEMPLATED BY THE SERVICE AGREEMENTS OR THIS PLAN, EVEN IF VERISIGN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. EXCLUSION OF PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERISIGN SHALL NOT BE LIABLE 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 SERVICE AGREEMENTS OR THIS PLAN. 14. Severability. In the event that any provision of this Plan should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not, in any way, be affected or impaired thereby. GLOSSARY OF DEFINED TERMS 1. General Definitions. Unless otherwise noted in the Plan, defined terms shall have the meanings given to them in the CPS. (See https://www.verisign.com.tw/repository/CPS/) 2. Definitions Specific to the Plan. (a) Applicable Time Period. See Section 2 (b) Certificate Lifetime Limit. See Sections 5.1 and 5.2 (c) Compromise. See Section 3.2 (e) Erroneous Issuance. See Section 3.4 (f) Loss of Use. See Section 3.3 (i) NetSure Subscriber. See Section 1(a) (k) Plan. "Plan" means the VeriSign NetSure Protection Plan, i.e., this document. (l) Per Reliance Limit. See Section 5.3 (n) Unauthorised Revocation. See Section 3.3 LIST OF SERVICE AGREEMENTS This Plan is made an integral part of, and is incorporated by reference in, the following Service Agreements:
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