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| TRUE CREDENTIALS(R) FOR ADOBE(R) ACROBAT(R) SUBSCRIBER AGREEMENT Please read the following agreement carefully. By applying for a True Credentials for Adobe Acrobat CDS Certificate and accepting and using such CDS Certificate, you indicate acceptance of the following terms and conditions and you agree to be bound by them. This True Credentials for Adobe Acrobat Subscriber Agreement (this "Agreement") is made by and between GeoTrust, Inc. ("GeoTrust") and you, a CDS Certificate applicant and governs your application for, issuance and use of a CDS Certificate in conjunction with the Certified Document Services (CDS). By accepting this Agreement, you represent that you have express authority to apply for and accept the Agreement (i) as an individual Subscriber applying for a CDS certificate in the your name or in the name of your role within an Organization; or (ii) as an Organization acquiring and managing a CDS Certificate on behalf of the Organization (i.e., Adobe LiveCycle Document Security Option), (each a Subscriber). NOW, THEREFORE, in consideration of the above premises and the mutual covenants set forth herein, and for other good and valuable mutual consideration, the receipt and sufficiency of which are hereby mutually acknowledged, GeoTrust and Subscriber agree as follows: 1. Definitions.
2. Subscriber Obligations. Subscriber shall: (a) adhere to and be bound by the terms, conditions, and restrictions of the Agreement and the Certification Practice Statement for True Credentials for Adobe Acrobat and My Credential for Adobe Acrobat (CPS), which is incorporated by reference into this Agreement. Subscriber acknowledges that the CPS may change from time to time, and that any changes will be effective and binding from the date they are posted on GeoTrusts web site. The CPS is available for viewing at GeoTrust?s website at www.geotrust.com/resources; (b) accurately represent itself in all communications with GeoTrust; (c) at all times protect the confidentiality of the Private Key from unauthorized use, access or disclosure; (d) notify GeoTrust immediately that its Private Key is Compromised and request that the RA revoke the CDS Certificate; (e) warrant that all information and representations made by the Subscriber that are included in the CDS Certificate enrollment form are true; (f) use the 3. Additional Subscriber Obligations for Adobe LiveCycle Document Security Option
4. Fees. The Organization shall pay to GeoTrust the annual fees associated with the issuance of the CDS Certificate. 5. Term and Termination.
6. Disclaimer of Warranties. GEOTRUST AND ADOBE EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO THE SERVICES PROVIDED OR THE CDS CERTIFICATE ISSUED HEREUNDER, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICES OR CDS CERTIFICATE, AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE OR COMMON LAW, TRADE USAGE, COURSE OF DEALING OR OTHERWISE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. GEOTRUST AND ADOBE FURTHER DISCLAIM AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO SUBSCRIBER OR ANY THIRD PARTY THAT (A) ANY SUBSCRIBER TO WHICH IT HAS ISSUED A CDS CERTIFICATE IS IN THE FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO GEOTRUST OR ADOBE, (B) A SUBSCRIBER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CDS CERTIFICATE, OR (C) THAT THE INFORMATION CONTAINED IN THE CDS CERTIFICATE OR IN ANY CDS CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY GEOTRUST, OR THE RESULTS OF ANY CRYPTOGRAPHIC METHOD IMPLEMENTED IN CONNECTION WITH THE CDS CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE. SUBSCRIBER ACKNOWLEDGES THE INHERENT POSSIBILITY OF THE COMPROMISE OF SUBSCRIBER'S AND/OR ANOTHER SUBSCRIBER'S PRIVATE KEY, WHICH MAY OR MAY NOT BE DETECTED, AND THE POSSIBLE USE OF A STOLEN OR COMPROMISED PRIVATE KEY TO FORGE SUBSCRIBER'S OR ANOTHER SUBSCRIBER'S DIGITAL SIGNATURE. 7. Disclaimer of Damages and Limitations of Liability. In no event shall GeoTrust or Adobe be liable for any default or delay in the performance of its obligations hereunder to the extent and while such default or delay is caused, directly or indirectly, by electronic or communications failures fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions in the United States, strikes, lockouts, or labor difficulties or any other similar cause beyond the reasonable control of GeoTrust. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF GEOTRUST OR ADOBE TO SUBSCRIBER OR ANY THIRD PARTY FOR ALL CLAIMS RELATED TO THE USE OF OR RELIANCE ON A CDS CERTIFICATE OR FOR THE SERVICES PROVIDED HEREUNDER INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT OR STRICT LIABILITY EXCEED FIVE THOUSAND DOLLARS ($5,000.00). UNDER NO CIRCUMSTANCES SHALL GEOTRUST OR ADOBE BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO SUBSCRIBER BUT SHALL BE GIVEN EFFECT TO THE FULL EXTENT PERMITTED BY LAW. 8. Indemnification. Subscriber hereby agrees to indemnify Adobe and GeoTrust for any and all third party liability, claims, demands (including direct, indirect, special and consequential damages), losses or damages, and all costs and expenses, including reasonable attorney's fees, caused by any breach of the Subscriber Agreement, including, without limitation, as a result of reliance on any misrepresentation of a material fact by that Subscriber. 9. Governing Law. The enforceability, construction, interpretation, and validity of this Agreement and any resolution of any dispute concerning the Service shall be governed by the substantive laws of the Commonwealth of Massachusetts, United States of America, excluding (i) the conflicts of law provisions thereof and (ii) the United Nations Convention on Contracts for the International Sale of Goods. Venue shall be in the Commonwealth of Massachusetts. 10. Notices. Any notices between the parties shall be in physical or electronic writing. The parties shall send all notices by e-mail or first class mail, postage prepaid. Notices shall be effective upon receipt. GeoTrust shall send notices to Subscriber at the e-mail and/or physical address provided in the CDS Certificate enrollment form. Subscriber shall send notices in writing to the following address: GeoTrust, True Credentials for Adobe Acrobat Notices, 40 Washington Street, Suite 20, Wellesley Hills, MA 02481 USA. 11. Entire Agreement. This Agreement and the CPS constitute the entire agreement between the parties respecting its subject matter superseding any prior and contemporaneous agreements and understandings. [v. 1.0 10-4-04] | |||||||
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