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reviewed this and incorporated all the known comments.

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should be ready for policy group to look at.


git-svn-id: http://svn.cacert.org/CAcert/Policies@1732 14b1bab8-4ef6-0310-b690-991c95c89dfd
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Ian Grigg 15 years ago
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Agreements/3PVDisclaimerAndLicence.html
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@ -10,64 +10,41 @@
<center> <b> w o r k -- i n -- p r o g r e s s</b> </center>
<p> <i>
This is wip-V0.03.
This is wip-V0.05 as of 20091213.
</i></p>
<ul><li><i>
What to do about multi-tier distributors:
th: firefox/thunderbird/evolution/etc distribute things
but also to distributors eg Fedora, Ubuntu, etc. Who on their terms
redistribute it. This recursion should that be explicit in this
disclaimer and license?
is this agreement with primary or end distributor or all of them?
Mozilla => KDE => Evolution.
</i></li><li><i>
This agreement is with vendors that choose not to be Members.
Is now made explicit.
What about vendors who choose to be Members?
</i></li><li><i>
pg: I think the 3pv should define "USE" and "RELY" in a preamble
(or somewhere else at the beginning)
Perhaps even specifically declare the difference between USE and RELY
The other things are more or less clear in general,
but USE and RELY and its special meaning should be defined
<br><b> OK, done.</b>
</i></li><li><i>
pg: 1.4 Agreement in Spirit
It doesn't clearly indicate that this is only in respect to cert stuff.
<br><b> extra line added "all with respect to...".</b>
</i></li><li><i>
Also, why are we policing the redistributors?
<br> <i>the roots and certs are CAcert responsibility.</i>
</i></li><li><i>
pg: not clear that this applies or does not apply to Member-vendors.
<br><b> it is in now, in one of the bullet points.</b>
</i></li><li><i>
Practically everything else...
These are just scattered ideas and have not been exposed to criticism yet...
</i></li></ul>
<hr>
<h3> <a name="0"> 0. </a> Preliminaries </h3>
<blockquote>
<h3> <a name="0"> 0. </a> Preamble </h3>
<h4> <a name="0.2"> 0.2 </a> Background </h4>
<p><i>
This section is not part of the licence but may be explanatory.
<a href="#title">Skip to licence.</a>
</i></p>
<p>
Being that,
</p>
<ul><li>
CAcert is a Certificate Authority ("the CA"),
CAcert is a Certification Authority ("the CA"),
</li><li>
the CA offers a free certificate service to its subscribers,
</li><li>
for the direct benefit and RELIANCE of its Community of signed-up users
("Members"),
RELIANCE being defined as the Member's act in making a decision,
including taking a risk, in whole or in part based on the certificate,
and
</li><li>
where possible, of some indirect benefit and USE to other general users
("end-users") of the Internet;
("end-users") of the Internet,
where USE is defined as allowing a certificate to
participate in a protocol, as decided and facilitated
by the user's software, with no significant input or
knowledge being required of the user;
</li></ul>
<p>
@ -103,10 +80,10 @@ And that, in offering the USE of certificates to the end-user,
direct relationship,
</li><li>
by way of an open, indirect offering,
the CA provides its
the CA offers its
<a href="http://www.cacert.org/policy/NRPDisclaimerAndLicence.php">
Non-Related Persons -- Disclaimer and Licence</a>
for the end-user ("NRP"), in which
to the end-user ("NRP"), in which
<ul><li>
the CA disclaims liability to NRPs,
</li><li>
@ -114,6 +91,9 @@ And that, in offering the USE of certificates to the end-user,
</li><li>
the CA specifically does not permit the NRPs to RELY,
</li></ul>
</li><li>
and that NRPs have a choice of joining the Community
and thus becoming a Member (which overrides the NRP-DaL);
</li></ul>
<p>
@ -134,6 +114,9 @@ And that,
the Vendor has the primary and only direct relationship with the end-user,
</li><li>
the Vendor chooses not to be a Member of CAcert,
</li><li>
and therefore Vendor needs a Licence to distribute the roots
to its end-users;
</li></ul>
<p>
@ -156,39 +139,26 @@ We both, CA and Vendor, agree that,
</li></ul>
<h4> <a name="0.2"> 0.2 </a> Parties </h4>
With the above understanding, the following Licence and Disclaimer is offered
by CA to Vendor.
<h4> <a name="0.3"> 0.3 </a> Terms </h4>
<p>
<b><a name="d_reliance" id="d_reliance">RELIANCE</a></b>.
A Member's act in making a decision,
including taking a risk,
in whole or in part based on the certificate.
</p>
<p>
<b><a name="d_use" id="d_use">USE</a></b>.
The event of allowing a certificate to participate
in a protocol, as decided and facilitated by the user's software.
In general, no significant input is required of the user.
With the above understanding,
the following Licence and Disclaimer is offered by CAcert to Vendor.
</p>
<p>
Other terms used in this agreement are as defined in the
<a href="http://svn.cacert.org/CAcert/RegisteredUserAgreement.html">
CAcert Community Agreement</a>.
</p>
</blockquote>
<table border="1" cellpadding="15" bgcolor="0xEEEEEE"><tr><td>
<center><b>
<a name="title"> 3rd Party Vendor - Licence and Disclaimer </a>
</b></center>
<h3> <a name="1"> 1. </a> Agreement and Licence </h3>
<h4> <a name="1.1"> 1.1 </a> Agreement </h4>
<p>
You and CAcert both agree to the terms and conditions in this agreement.
We (the Vendor and the CA)
both agree to the terms and conditions in this agreement.
The relationship between the CA and the Vendor is based on this agreement.
Your agreement is given by your distribution of the root within your
distribution of your root list.
@ -197,7 +167,8 @@ distribution of your root list.
<h4> <a name="1.1"> 1.2 </a> Other Agreements </h4>
<p>
The relationship between the Vendor and the end-user is based on Vendor's own agreement
The relationship between the Vendor and the end-user
is based on Vendor's own agreement
("end-user licence agreement" or EULA).
Generally, the Vendor offers the EULA to the end-user
in the act of distributing the software and roots.
@ -220,57 +191,34 @@ CA offers this licence to permit Vendor to distribute CA's roots
within Vendor's root list to Vendor's end-users.
</p>
<h4> <a name="1.4"> 1.4 </a> Agreement in Spirit </h4>
<h4> <a name="1.4"> 1.4 </a> Vendor's Agreement with End-User </h4>
<p>
Vendor agrees to make its relationship to end-users
compatible and aligned with the CA's NRP-DaL.
Specifically, the Vendor must:
Vendor agrees
</p>
<ul><li>
disclaim all liability,
</li><li>
offer free licence to USE, and
<ol><li>
to distribute both the NRP-DaL and this present agreement to end-user,
</li><li>
deny permission to RELY under this EULA;
</li></ul>
<p>
all with respect to the root list
(including root keys, certificates,
and related cryptographic and security software).
</p>
to advise the end-user of the NRP-DaL appropriately.
</li></ol>
<h4> <a name="1.5"> 1.5 </a> Agreement in Practice </h4>
<h4> <a name="1.5"> 1.5 </a> Fair and Non-Discriminatory </h4>
<p>
Where agreement is explicitly sought from the end-user,
they may be offered and agree to:
Vendor agrees to make available CA's root key
in a fair and non-discriminatory way to Vendor's end-users.
</p>
<ul><li>
CA's NRP-DaL,
<s>where the NRP-DaL and EULA are not in contradiction,</s>
<i>OR</i>
</li><li>
only your EULA,
where the spirit of the NRP-DaL is preserved
within the EULA.
</li></ul>
<p>
Vendors are encouraged to ship the NRP-DaL with their software,
and make available means for the end-user to further
examine the NRP-DaL.
<br><i>Note, document this elsewhere in FAQ</i>.
</p>
<h4> <a name="1.6"> 1.6 </a> Fair and Non-Discriminatory </h4>
<p>
Vendor agrees to make available CA's root key
in a fair and non-discriminatory way to Vendor's end-users.
<br><i>Note, document this elsewhere in FAQ</i>.
In accordance with the general principles of PKI
and the fact that the CA makes statements of interest
within certificates, the Vendor is strongly encouraged
to reasonably represent to the end-user
that the CA is the issuer of the certificate
and the maker of claims within the certificate.
The extent to which the end-user is aware that the
CA is the person making claims is likely to be
material in a dispute over claims.
</p>
<h3> <a name="2"> 2. </a> Disclaimer </h3>
@ -281,11 +229,14 @@ in a fair and non-discriminatory way to Vendor's end-users.
Vendor's relationship with end-users creates risks, liabilities
and obligations due to the end-user's permitted USE of the certificates,
and potentially through other activities such as inappropriate
and unpermitted RELIANCE.
and non-permitted RELIANCE.
</p>
<p>
We in general DISCLAIM ALL LIABILITY to each other and to the end-user.
We in general DISCLAIM ALL LIABILITY to each other.
Vendor acknowledges and confirms that
the CA disclaims all liability to the end-user
in NRP-DaL.
</p>
@ -293,28 +244,19 @@ We in general DISCLAIM ALL LIABILITY to each other and to the end-user.
<p>
Notwithstanding the general disclaimer on liability above,
we agree that, to the extent that CAcert is reasonably
represented to the Vendor's end-user by the software
as being the Certificate Authority, at the events and
circumstances of question,
liability of CAcert is strictly limited to be 1000 euros.
we agree that,
liability of Vendor and of the CA is strictly limited to be 1000 euros.
This is the same limit of liability that applies to each
member of the CAcert Community.
</p>
<p>
To the extent that the CA is not reasonably represented
to the end-user, we agree that any liability is limited
to the lowest of agreed liabilities of all CAs for all
roots shipped by the Vendor, and 1000 euros.
</p>
<h3> <a name="3"> 3. </a> Legal Matters </h3>
<h4> <a name="2.3"> 3.1 </a> Law </h4>
<p>
The Choice of Law is that of NSW, Australia.
Policies in force within CAcert are incorporated.
</p>
<h4> <a name="2.4"> 3.2 </a> Dispute Resolution </h4>
@ -322,41 +264,18 @@ The Choice of Law is that of NSW, Australia.
<p>
We agree that all disputes arising out
of or in connection to this agreement
and the root key of the CA
and the root and certificates of the CA
shall be referred to and finally resolved
by Arbitration under the
Dispute Resolution Policy of the CA
(DRP => COD7).
(<a href="http://www.cacert.org/policy/DisputeResolutionPolicy.php">COD7</a>).
The ruling of the Arbitrator is binding and
final on CA and Vendor alike.
</p>
<p>
We further agree, as a single exception to DRP,
that the single Arbitrator may be chosen from outside
the CAcert Community.
</p>
<h4> <a name="3.x"> 3.3 </a> CAcert Community Agreement </h4>
<p>
The CA also offers a CAcert Community Agreement (CCA).
The CCA replaces the NRP-DaL and this present agreement
for those parties that accept it.
</p>
<p>
If a Community member is also an end-user, then the provisions
of the CCA will replace all elements of the CA's NRP-DaL,
and will dominate this present agreement.
</p>
</td></tr></table>
<p>
Acceptance alone of this present agreement by the Vendor
does not imply that Vendor is a Community User/Member.
</p>
<hr>
<blockquote>
<p>
The following parts are not part of the above licence,
@ -422,3 +341,22 @@ random users would have "got it" when presented with the
same information, however this is not quite how it is tested
in law; instead, it is more of a gut-feeling.
</p>
<h4> <a name="Z.3"> Z.3 </a> Recursive Distribution </h4>
<p>
This licence is not intended to limit the ability of
a re-distributor of Vendor's root list from operating under
the same conditions as the Vendor. The licence applies
equally to all distributors of CA's roots.
It is the re-distributor's responsibility
to be aware of this licence and to take appropriate
steps. The primary Vendor discharges any responsibility
to the re-distributor by making available this licence
on the same basis as its other licences.
</p>
</blockquote>
</body></html>

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