2008-01-28 00:01:03 +00:00
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<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html4/loose.dtd">
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<html>
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<head><title>CAcert - 3rd Party Vendor -- Licence and Disclaimer </title></head>
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<body>
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<h3> -1. TO BE FIXED </h3>
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2008-03-30 12:19:37 +00:00
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<center> <b> w o r k -- i n -- p r o g r e s s</b> </center>
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2008-01-28 00:01:03 +00:00
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<p> <i>
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2008-03-30 12:19:37 +00:00
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This is wip-V0.02.
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2008-01-28 00:01:03 +00:00
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</i></p>
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<ul><li><i>
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th: firefox/thunderbird/evolution/etc distribute things
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but also to distributors eg Fedora, Ubuntu, etc. Who on there term
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redistribute it. This recursion should that be explicit in this
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disclaimer and license?
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What to do about multi-tier distributors,
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is this agreement with primary or end distributor or all of them?
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Mozilla => KDE => Evolution.
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</i></li><li><i>
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pg: I think the 3pv should define "USE" and "RELY" in a preamble
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(or somewhere else at the beginning)
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Perhaps even specifically declare the difference between USE and RELY
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The other things are more or less clear in general,
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but USE and RELY and its special meaning should be defined
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</i></li><li><i>
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pg: 1.4 Agreement in Spirit
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It doesn't clearly indicate that this is only in respect to cert stuff.
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Also, why are we policing the redistributors?
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</i></li><li><i>
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Practically everything else...
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These are just scattered ideas and have not been exposed to criticism yet...
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</i></li></ul>
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<hr>
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<h3> <a name="0"> 0. </a> Preliminaries </h3>
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<h4> <a name="0.1"> 0.1 </a> Background </h4>
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<p>
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Being that,
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</p>
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<ul><li>
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CAcert is a Certificate Authority ("the CA"),
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</li><li>
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the CA offers a free certificate service to its subscribers,
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</li><li>
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for the direct benefit and RELIANCE of its Community of signed-up users,
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</li><li>
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and where possible, of some indirect benefit and USE to other general users
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(or end-users) of the Internet;
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</li></ul>
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<p>
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And that,
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</p>
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<ul><li>
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the end-user has a choice in client software (such as browsers and email clients),
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</li><li>
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such software offers features which are wholly or partly
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based on use of certificates,
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</li><li>
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which may include the certificates of the CA
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and/or of any other certificate authority,
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</li><li>
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the end-user may have strictly limited possibilities to choose or
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control the usage made of certificates,
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</li><li>
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and that it may not be economic nor reasonable for software
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to provide for a high degree of choice and control over certificates,
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</li></ul>
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<p>
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And that, in offering the USE of certificates to the end-user,
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</p>
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<ul><li>
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the CA has no direct relationship with the the end-user,
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</li><li>
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it is not economic nor reasonable to expect such a
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direct relationship,
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</li><li>
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by way of an open, indirect offering,
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the CA provides its
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<a href="http://www.cacert.org/policy/NRPDisclaimerAndLicence.php">
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Non-Related Persons -- Disclaimer and Licence</a>
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for the end-user ("NRP"), in which
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<ul><li>
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the CA disclaims liability to NRPs,
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</li><li>
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the CA offers a free licence to USE to all NRPs,
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</li><li>
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the CA specifically does not permit the NRPs to RELY,
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</li></ul>
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</li></ul>
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<p>
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And that,
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</p>
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<ul><li>
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<b>you are a third party vendor or distributor of software for end-users</b>
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("the Vendor"),
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</li><li>
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the Vendor offers a free distribution of root certificates ("root list"),
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within client software,
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</li><li>
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that in choosing the Vendor's software,
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the end-user would enter into an
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End-User Licence Agreement ("EULA") with the Vendor,
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</li><li>
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the Vendor has the primary and only direct relationship with the end-user,
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</li></ul>
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<p>
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We both, CA and Vendor, agree that,
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</p>
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<ul><li>
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we are committed to providing a
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free and USABLE way to benefit from cryptography,
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</li><li>
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we are committed to the security of our respective communities,
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</li><li>
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the design, custom and history of the public key infrastructure
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("the PKI") creates risks and liabilities
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for inappropriate RELIANCE by the end-user,
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</li><li>
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it is not economically possible nor reasonable
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to provide a free, open and unconstrained service
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that can be RELIED upon by end-users.
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</li></ul>
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<h4> <a name="0.2"> 0.2 </a> Parties </h4>
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With the above understanding, the following Licence and Disclaimer is offered
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by CA to Vendor.
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<h4> <a name="0.3"> 0.3 </a> Terms </h4>
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<p>
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Terms used in this agreement are as defined in the
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<a href="http://svn.cacert.org/CAcert/RegisteredUserAgreement.html">
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CAcert Community Agreement</a>.
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</p>
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<h3> <a name="1"> 1. </a> Agreement and Licence </h3>
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<h4> <a name="1.1"> 1.1 </a> Agreement </h4>
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<p>
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You and CAcert both agree to the terms and conditions in this agreement.
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The relationship between the CA and the Vendor is based on this agreement.
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Your agreement is given by your distribution of the root within your
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distribution of your root list.
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</p>
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<h4> <a name="1.1"> 1.2 </a> Other Agreements </h4>
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<p>
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The relationship between the Vendor and the end-user is based on Vendor's own agreement
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("end-user licence agreement" or EULA).
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Generally, the Vendor offers the EULA to the end-user
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in the act of distributing the software and roots.
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</p>
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<p>
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The relationship between the CA and the end-user is based on CA's
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Non-Related Persons -- Disclaimer and Licence
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("<a href="http://www.cacert.org/policy/NRPDisclaimerAndLicence.php">NRP-DaL</a>").
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This Licence follows the style of popular open source licences,
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in that it is offered to an unknown audience, without a necessary
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expectation for explicit agreement by the end-user,
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because of the methods and restrictions of delivery.
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</p>
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<h4> <a name="1.3"> 1.3 </a> Licence to Distribute </h4>
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<p>
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CA offers this licence to permit Vendor to distribute CA's roots
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within Vendor's root list to Vendor's end-users.
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</p>
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<h4> <a name="1.4"> 1.4 </a> Agreement in Spirit </h4>
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<p>
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Vendor agrees to make EULA compatible and aligned with the CA's NRP-DaL.
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Specifically, the EULA must:
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</p>
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<ul><li>
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disclaim all liability,
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</li><li>
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offer free licence to USE, and
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</li><li>
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deny permission to RELY under this EULA;
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</li></ul>
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<p>
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all with respect to the root list
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(including root keys, certificates,
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and related cryptographic and security software).
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</p>
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<h4> <a name="1.5"> 1.5 </a> Agreement in Practice </h4>
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<p>
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Where agreement is explicitly sought from the end-user
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they will be offered and agree to:
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</p>
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<ul><li>
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CA's NRP-DaL,
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where the NRP-DaL and EULA are not in contradiction,
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<i>OR</i>
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</li><li>
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only your EULA,
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where the spirit of the NRP-DaL is preserved
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within the EULA.
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</li></ul>
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<p>
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Vendors are encouraged to ship the NRP-DaL with their software,
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and make available means for the end-user to further
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examine the NRP-DaL.
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<br><i>Note, document this elsewhere in FAQ</i>.
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</p>
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<h4> <a name="1.6"> 1.6 </a> Fair and Non-Discriminatory </h4>
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<p>
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Vendor agrees to make available CA's root key
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in a fair and non-discriminatory way to Vendor's end-users.
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<br><i>Note, document this elsewhere in FAQ</i>.
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</p>
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<h3> <a name="2"> 2. </a> Disclaimer </h3>
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<h4> <a name="2.1"> 2.1 </a> All Liability </h4>
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<p>
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Vendor's relationship with end-users creates risks, liabilities
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and obligations due to the end-user's permitted USE of the certificates,
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and potentially through other activities such as inappropriate
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and unpermitted RELIANCE.
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</p>
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<p>
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We in general DISCLAIM ALL LIABILITY to each other and to the end-user.
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</p>
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<h4> <a name="2.2"> 2.2 </a> Monetary Limits on Liability </h4>
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<p>
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Notwithstanding the general disclaimer on liability above,
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we agree that, to the extent that CAcert is reasonably
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represented to the Vendor's end-user by the software
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as being the Certificate Authority, at the events and
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circumstances of question,
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liability of CAcert is strictly limited to be 1000 euros.
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This is the same limit of liability that applies to each
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member of the CAcert Community.
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</p>
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<p>
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To the extent that the CA is not reasonably represented
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to the end-user, we agree that any liability is limited
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to the lowest of agreed liabilities of all CAs for all
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roots shipped by the Vendor, and 1000 euros.
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</p>
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<h3> <a name="3"> 3. </a> Legal Matters </h3>
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<h4> <a name="2.3"> 3.1 </a> Law </h4>
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<p>
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The Choice of Law is that of NSW, Australia.
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</p>
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<h4> <a name="2.4"> 3.2 </a> Dispute Resolution </h4>
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<p>
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We agree that all disputes arising out
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of or in connection to this agreement
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and the root key of the CA
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shall be referred to and finally resolved
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by Arbitration under the
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Dispute Resolution Policy of the CA
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(DRP => COD7).
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The ruling of the Arbitrator is binding and
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final on CA and Vendor alike.
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</p>
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<p>
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We further agree, as a single exception to DRP,
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that the single Arbitrator may be chosen from outside
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the CAcert Community.
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</p>
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<h4> <a name="3.x"> 3.3 </a> CAcert Community Agreement </h4>
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<p>
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The CA also offers a CAcert Community Agreement (CCA).
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The CCA replaces the NRP-DaL and this present agreement
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for those parties that accept it.
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</p>
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<p>
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If a Community member is also an end-user, then the provisions
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of the CCA will replace all elements of the CA's NRP-DaL,
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and will dominate this present agreement.
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</p>
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<p>
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Acceptance alone of this present agreement by the Vendor
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does not imply that Vendor is a Community User/Member.
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</p>
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<hr>
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<p>
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The following parts are not part of the above licence,
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but may shed light.
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</p>
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<h3> <a name="faq"> Z. </a> FAQ </h3>
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<h4> <a name="Z.1"> Z.1 </a> Notes on Liability </h4>
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<p>
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Liability agreement between CA and Vendor
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suggests that the end-user be presented with the name of the CA.
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This is useful for identifying the particular characteristics
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of the CA, and accepts that all CAs are different.
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Each CA has its ways of checking, its relevent laws, and its
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particular view as to the interests of the end-user.
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</p>
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<p>
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The Vendor should present the name of the CA so as to inform
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the end-user of what can be known.
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In the event that the Vendor does not present the CA,
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the CA is taking on all the risk and liability that the
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CA is equivalent to others, which can only be rationally
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measured as the <i>lowest-common-denominator</i>, that is,
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the lowest of the liabilities that is accepted across all
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CAs that are shipped by the CA.
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This would generally be zero.
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</p>
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<p>
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If the CA has been presented to the end-user, the end-user
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is able to discriminate.
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In this case, it is reasonable for the CA to offer to share
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the liability, and to accept some limit
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to that liability.
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</p>
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<p>
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Always remembering that this is strictly within the
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relationship with the Vendor.
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As there are millions and one day, billions of users, and as
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the software and the certificates are free, the liability
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to the end-user must be disclaimed totally.
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In other words, set to zero.
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</p>
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<h4> <a name="Z.2"> Z.2 </a> Reasonably Shown </h4>
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<p>
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To reasonably show the name of the CA is undefined,
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as security user interfaces currently are not representative
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of reasonable descriptions, and the area is an open research
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topic (sometimes known as "usable security").
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</p>
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<p>
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A reasonable man test is known in law, and selects someone
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who would be the reasonable person who would use the software.
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This might hypothetically examine whether a majority of
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random users would have "got it" when presented with the
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same information, however this is not quite how it is tested
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in law; instead, it is more of a gut-feeling.
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</p>
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