cacert-policies/Agreements/UserLicenseAgreement.html

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CAcert User License Agreement (ULA)
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<h1>
CAcert User License Agreement (ULA)
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<p>
<a href="../PolicyOnPolicy.html"><img src="../images/cacert-wip.png" alt="CAcert Work In Progress" height="31" width="88" style="border-style: none;" /></a><br />
Author: Sam Johnston<br />
Creation date: 2008-05-05<br />
Status: WIP 2008-05-05<br />
Next status: DRAFT 2008-05<br />
<!-- $Id: ContributorLicenseAgreement.html 734 2008-04-02 16:52:48Z sam $ -->
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<h2>
0. Preamble
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<p>
CAcert is a community-run non-profit Certification Authority (CA). It provides similar services to its commercial counterparts but does so using a different trust model whereby members 'assure' each other creating a 'web of trust'. Its members subscribe to the CAcert Community Agreement (CCA) and believe that security should be free (as in freedom) and accessible.
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<p>This User License Agreement (ULA) applies to those who are not yet CAcert Community members. If you find the terms of this agreement difficult or inadequate for your use, you may wish to register with CAcert and join the community. This is free. Otherwise you must delete the Certificates from your software or disable them; your software documentation should give directions and assistance for this.
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<h2>
1. Agreement
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<p>
This CAcert User License Agreement ("ULA") governed by the laws of New South Wales, Australia is between CAcert, Inc. ("CAcert"), a non-profit association and "You" (including your agents), a non related party desiring to employ for a particular purpose ("Use") but not place confidence or trust in ("Rely" on) the CAcert Root Certificates (the "Certificates").
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<p>
You are not required to accept the ULA, since you have not signed it. However, nothing else grants you permission to Use or allow other parties to make or receive copies ("Distribute") the Certificates. These actions are prohibited by law if you do not accept this License. Therefore, by Using or Distributing the Certificates, you indicate your acceptance of the ULA to do so, and all its terms and conditions.
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<h2>
2. License
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<p>
CAcert grants You a worldwide, perpetual, non-exclusive, non-transferable license to Use and Distribute the Certificates without modification.
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<ol style="list-style-type: lower-roman;">
<li>You may Use the Certificates as facilitated by your software. For example, you may construct connections, read emails, load code or otherwise, as facilitated by your software.
</li>
<li>You may not Rely on any statements or claims made by the Certificates or implied in any way.
</li>
<li>If your software is licensed under a separate third party agreement, it may make statements or claims based on the Certificates. You may not Rely on these statements or claims, nor make any such statements or claims.
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<li>You may distribute the Certificates under the terms of this licence.
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<li>You may not modify the Certificates in any way, nor create derivative works.
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</ol>
<h2>
3. Disclaimer
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<p>
CAcert has no other agreement with You, and has no control nor knowledge as to how You intend to use the products of the issuer. You alone take on all of the risk and all of the liability of Your usage. CAcert makes no guarantee, warranty nor promise to You.
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<ol style="list-style-type: lower-roman;">
<li>
<strong>NO WARRANTIES:</strong> THE CERTIFICATES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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<li>
<strong>LIMITATION OF LIABILITY:</strong> UNDER NO CIRCUMSTANCES WILL CACERT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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