From 8d3632c02a8e00951c21f4c6c4f6d5307ebc81ec Mon Sep 17 00:00:00 2001 From: Ian Grigg Date: Fri, 16 Jul 2010 11:57:50 +0000 Subject: [PATCH] added in a bunch of Terms changes to deal with RDL. git-svn-id: http://svn.cacert.org/CAcert/Policies@1970 14b1bab8-4ef6-0310-b690-991c95c89dfd --- Agreements/CAcertCommunityAgreement.html | 141 ++++++++++++++++------- 1 file changed, 102 insertions(+), 39 deletions(-) diff --git a/Agreements/CAcertCommunityAgreement.html b/Agreements/CAcertCommunityAgreement.html index 5c16b4b..1696b01 100644 --- a/Agreements/CAcertCommunityAgreement.html +++ b/Agreements/CAcertCommunityAgreement.html @@ -1,13 +1,57 @@ - - - -CAcert Community Agreement + + + + + + CAcert Community Agreement + + + +

+

+ +
WARNING:
+ The proper policy document is located
+ + on the CAcert website .
+ + This document is a working draft to include
+ future revisions only, and is currently
+ only relevant for the [policy] group.
+ Suggested additions in BLUE, strikes in blue.
+
+

+ +
-

0. Introduction

+

0. Introduction

This agreement is between @@ -17,7 +61,7 @@ and CAcert Incorporated ("CAcert"), being an operator of services to the Community.

-

0.1 Terms

+

0.1 Terms

  1. "CAcert" means CAcert Inc., @@ -48,12 +92,22 @@ being an operator of services to the Community. being someone who is not a Member, is not part of the Community, and has not registered their agreement. + Such people are offered the NRP-DaL another agreement allowing the USE of certificates. + + Such persons may make USE of certificates, + but may only RELY by entering this agreement or other related agreement.
  2. + "Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"), another agreement that is offered to persons outside the - Community. + Community.
    +     + + "Root Distribution Licence" ("RDL"), an agreement for licensing the distribution of roots. + RDL replaces an earlier withdrawn licence (NRP-DaL). +
  3. "Arbitration" is the Community's forum for @@ -64,21 +118,25 @@ being an operator of services to the Community. rules for resolving disputes.
  4. "USE" - means the act by your software + means the act by your software to conduct its tasks, incorporating - the certificates according to software procedures. + the certificates + + needed for correct operation + + according to software procedures.
  5. "RELY" - means your human act in taking on a + means your human act in taking on a risk and liability on the basis of the claim(s) bound within a certificate.
  6. "OFFER" - means the your act - of making available your certificate to another person. + means the your act + of making available your certificateS to another person. Generally, you install and configure your software to act as your agent and facilite this and other tasks. - OFFER does not imply suggestion of reliance. + OFFER does not imply suggestion of reliance RELIANCE.
  7. "Issue" means creation of a certificate by CAcert. @@ -93,8 +151,8 @@ being an operator of services to the Community. used for signing certificates for Members. In this document, the term includes any subroots.
  8. - "CAcert Official Document" ("COD" => COD3) - in a standard format for describing the details of + "CAcert Official Document" ("COD" => COD3 ) + in is a standard format for describing the details of operation and governance essential to a certificate authority. Changes are managed and controlled. CODs define more technical terms. @@ -103,12 +161,17 @@ being an operator of services to the Community. "Certification Practice Statement" ("CPS" => COD6) is the document that controls details about operational matters within CAcert. +
  9. + "Certificate" means any public key or like device to which + the digital signature from CAcert's root has been affixed. + In this document, the term includes any roots needed for + correct operation.
-

1. Agreement and Licence

+

1. Agreement and Licence

-

1.1 Agreement

+

1.1 Agreement

You and CAcert both agree to the terms and conditions @@ -136,12 +199,12 @@ Your agreement is effective from the date of the first event above that makes this agreement known to you. This Agreement -replaces and supercedes prior agreements, -including the NRP-DaL. +replaces and supercedes prior agreements. +, including the NRP-DaL.

-

1.2 Licence

+

1.2 Licence

As part of the Community, CAcert offers you these rights: @@ -164,7 +227,7 @@ As part of the Community, CAcert offers you these rights: non-exclusive, and non-transferrable. -

1.3 Your Contributions

+

1.3 Your Contributions

@@ -195,7 +258,7 @@ Note that the following exceptions override this clause: Source code is subject to an open source licence regime. -

1.4 Privacy

+

1.4 Privacy

@@ -211,14 +274,14 @@ CAcert Community administrators and Assurers. Privacy is further covered in the Privacy Policy ("PP" => COD5).

-

2. Your Risks, Liabilities and Obligations

+

2. Your Risks, Liabilities and Obligations

As a Member, you have risks, liabilities and obligations within this agreement.

-

2.1 Risks

+

2.1 Risks

  1. A certificate may prove unreliable. @@ -230,7 +293,7 @@ and obligations within this agreement. (DRP => COD7).
-

2.2 Liabilities

+

2.2 Liabilities

  1. You are liable for any penalties @@ -252,7 +315,7 @@ and obligations within this agreement. The Arbitration Act will not apply to criminal cases.
-

2.3 Obligations

+

2.3 Obligations

You are obliged @@ -270,7 +333,7 @@ and obligations within this agreement. (DRP => COD7). -

2.4 Principles

+

2.4 Principles

As a Member of CAcert, you are a member of @@ -282,7 +345,7 @@ the Community. Principles of the Community.

-

2.5 Security

+

2.5 Security

CAcert exists to help you to secure yourself. You are primarily responsible for your own security. @@ -316,9 +379,9 @@ degree, in proportion with your risks and the risks of others.

-

3. Law and Jurisdiction

+

3. Law and Jurisdiction

-

3.1 Governing Law

+

3.1 Governing Law

This agreement is governed under the law of @@ -326,7 +389,7 @@ New South Wales, Australia, being the home of the CAcert Inc. Association.

-

3.2 Arbitration as Forum of Dispute Resolution

+

3.2 Arbitration as Forum of Dispute Resolution

You agree, with CAcert and all of the Community, @@ -359,7 +422,7 @@ that is simply support actions, and you may file disputes in order to initiate support actions.

-

3.3 Termination

+

3.3 Termination

You may terminate this agreement by resigning from CAcert. You may do this at any time by @@ -384,7 +447,7 @@ agreement or bind you to a ruling. Only the Arbitrator may terminate this agreement with you.

-

3.4 Changes of Agreement

+

3.4 Changes of Agreement

CAcert may from time to time vary the terms of this Agreement. @@ -400,7 +463,7 @@ Continued use of the service shall be deemed to be agreement by you.

-

3.5 Communication

+

3.5 Communication

Notifications to CAcert are to be sent by @@ -424,9 +487,9 @@ to receive emails from CAcert. Arbitration is generally conducted by email.

-

4. Miscellaneous

+

4. Miscellaneous

-

4.1 Other Parties Within the Community

+

4.1 Other Parties Within the Community

As well as you and other Members in the Community, @@ -439,7 +502,7 @@ mirror and reinforce these terms.

-

4.2 References and Other Binding Documents

+

4.2 References and Other Binding Documents

This agreement is CAcert Official Document 9 (COD9) @@ -476,7 +539,7 @@ and may not be replaced or waived except by formal policy channels and by Arbitration.

-

4.3 Informative References

+

4.3 Informative References

The governing documents are in English. @@ -494,7 +557,7 @@ The Handbook is not however an agreement, and is overruled by this agreement and others listed above.

-

4.4 Not Covered in this Agreement

+

4.4 Not Covered in this Agreement

Intellectual Property.