GlobalSign OneClickSSL Licensing Agreement
Version 1.2
1. ACCEPTANCE OF TERMS
Your use of the GlobalSign OneClickSSL Software (the “Software”), is subject to the terms and conditions of this GlobalSign OneClickSSL Licensing Agreement (the “T&C”) between you and GlobalSign. “GlobalSign” means GMO GlobalSign, K.K., and any entity, which directly or indirectly controls, or is controlled by, or is under common control with GMO GlobalSign K.K., including GlobalSign NV, GMO GlobalSign Inc., and GMO GlobalSign Limited and GMO GlobalSign Pte. Ltd.
PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
Unless otherwise agreed in writing with GlobalSign, your agreement with GlobalSign will always include, at a minimum, the T&C. In addition, when using the Software, you and GlobalSign shall be subject to any posted guidelines or rules applicable to T&C, which may be posted from time to time (the “Additional Terms”) at
www.globalsign.com/repository/ All Additional Terms are hereby incorporated by reference into the T&C. GlobalSign may also offer other Software that are governed by different terms and conditions.
If there is any contradiction between the Additional Terms and the T&C, then the Additional Terms shall take precedence in relation to that Software.
DEFINITIONS
“Digital/SSL/TLS Certificate” shall mean a collection of electronic data consisting of a Public Key, identifying information about the owner of the Public Key, and validity information, which has been Digitally Signed by a Certification Authority.
“Digital Signature” shall mean information encrypted with a Private Key which is appended to electronic data to identify the owner of the Private Key and verify the integrity of the electronic data. “Digitally Signed” shall refer to electronic data to which a Digital Signature has been appended.
“Private Key” shall mean a mathematical key which is kept private to the owner and which is used to create Digital Signatures or to decrypt electronic data.
“Public Key” shall mean a mathematical key which is available publicly and which is used to verify Digital Signatures created with the matched Private Key and to encrypt electronic data, which can only be decrypted using the matched Private Key.
DESCRIPTION OF THE SOFTWARE
Once you download and install the Software, it allows you to (a) Request and install SSL/TLS certificates including any applicable issuing CA certificates and Root Certificates for use on web servers you own or control (b) Request revocation of such SSL certificates. (c) Enroll into lifecycle management systems for SSL/TLS certificates which provide automated renewal capabilities. Specific features are described in detail on
http://www.globalsign.com/ssl/oneclickssl/
USE OF THE SOFTWARE
Subject to your acceptance and compliance with the terms and conditions of this T&C, GlobalSign hereby grants to you a royalty free, nonexclusive, non-transferable, revocable right to use the Software.
You represent and warrant that you have all necessary right, power and authority to enter into this T&C and to perform the acts required of you hereunder. You further covenant that you have all necessary right, power and authority to apply for, purchase, and install the SSL/TLS Certificate on to your website, server, and PC.
You acknowledge that your ability to run the Software may require payment of third party fees (such as telephone toll charges or ISP charges) and that you are responsible for paying such fees. GlobalSign is not responsible for any equipment or software you may need to be able to use the Software or to install the SSL/TLS Certificate. It is your responsibility to securely back up any current SSL/TLS certificate on your Web Server prior to installing and running the software. The Software may not be available in all languages.
RESTRICTIONS
In addition to the other restrictions set forth in this T&C, you shall not: (a) sell, lease, or rent access to or use of the Software, (b) sublicense the Software for any purpose, or (c) use the Software for any illegal purpose, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
The Software is copyrighted. You shall not alter or remove any trademark or copyright notices included in the Software. Title to the Software and all associated intellectual property rights is retained by GlobalSign and/or its licensors. No right, title or interest in or to any trademark, service mark, logo or trade name of GlobalSign or its licensors is granted under this T&C.
Except as expressly authorized by GlobalSign, you agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, grant a security interest in or otherwise transfer any right in the Software or the Software, in whole or in part.
The Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes. Source code may not be redistributed unless expressly provided for in this Agreement.
You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software and the Digital Certificate. You agree that neither the Software nor the Digital Certificate will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws.
AVAILABILITY
GlobalSign will use reasonable efforts to make the Software available for download. However, there will be occasions when access to the Software will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond GlobalSign’s control. GlobalSign will take reasonable steps to minimize such disruption, to the extent it is within GlobalSign’s reasonable control.
INDEMNITY
You agree to indemnify and hold GlobalSign and its group companies, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, your connection to the Software, your violation of the T&C, or your violation of any rights of another.
MODIFICATIONS TO SOFTWARE
Unless explicitly stated otherwise, any new features that augment or enhance the current Software shall be subject to this T&C. You understand and agree that GlobalSign assumes no responsibility for the timeliness, deletion, mis-delivery or failure of any functions or updated version of the Software.
GlobalSign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software without prior notice. You agree that GlobalSign shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Software.
TERMINATION
This T&C is effective until terminated. You may terminate this T&C at any time by destroying all copies of the Software. You agree that GlobalSign may immediately terminate your use of the Software. Causes for such termination shall include, but not be limited to, (a) breaches or violations of the T&C or Additional Terms, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, and/or (d) engagement by you in fraudulent or illegal activities. Either party may terminate this T&C immediately should the Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of the Software.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBALSIGN HAS NO OBLIGATION TO PROVIDE SUPPORT. GLOBALSIGN AND ITS GROUP COMPANIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GLOBALSIGN AND ITS GROUP COMPANIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iii) THE QUALITY OF ANY PRODUCTS, SOFTWARES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLOBALSIGN OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBALSIGN AND ITS GROUP COMPANIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBALSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SOFTWARE OR YOUR DIGITAL SIGNATURE. GLOBALSIGN’S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
NOTICE
GlobalSign may provide you with notices, including those regarding changes to the T&C, by email, or postings on the Software.
TRADEMARK INFORMATION
The GlobalSign logo, trademarks and other names are trademarks of GlobalSign or its group company (the "GlobalSign Marks"). Without GlobalSign's prior written approval, you agree not to display or use in any manner the GlobalSign Marks.
GENERAL INFORMATION
Entire Agreement. The T&C and Additional Terms constitute the entire agreement between you and GlobalSign and govern your use of the Software, superseding any prior agreements between you and GlobalSign with respect to the Software.
Choice of Law and Forum. The T&C and Additional Terms shall be governed by the laws of Japan without regard to its conflict of law provisions. You and GlobalSign agree to submit to the exclusive jurisdiction of the district court of Japan.
Waiver and Severability of Terms. The failure of GlobalSign to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
The section titles in the T&C are for convenience only and have no legal or contractual effect.
