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added in a bunch of Terms changes to deal with RDL.

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git-svn-id: http://svn.cacert.org/CAcert/Policies@1970 14b1bab8-4ef6-0310-b690-991c95c89dfd
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Agreements/CAcertCommunityAgreement.html
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@ -1,13 +1,57 @@
<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html4/loose.dtd"> <?xml version="1.0" encoding="utf-8"?>
<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.1//EN"
"http://www.w3.org/TR/xhtml11/DTD/xhtml11.dtd">
<html xmlns="http://www.w3.org/1999/xhtml">
<head>
<meta http-equiv="CONTENT-TYPE" content="text/html; charset=utf-8" />
<title> CAcert Community Agreement </title>
<style type="text/css"> <!-- only for WIP -->
<!--
.q {
color : green;
font-weight: bold;
text-align: center;
font-style:italic;
}
.change {
color : blue;
font-weight: bold;
}
.change2 {
color : steelblue;
}
.strike {
color : blue;
text-decoration:line-through;
}
-->
</style>
<html> </head>
<head><title>CAcert Community Agreement</title></head>
<body> <body>
<p>
<center>
<big>
<br /><b>WARNING:</b><br />
The proper policy document is located<br />
<a href="//www.cacert.org/policy/CAcertCommunityAgreement.php">
on the CAcert website </a>.<br />
</big></b />
This document is a <b>working draft</b> to include<br />
future revisions only, and is currently<br />
only relevant for the [policy] group.<br />
Suggested <span class="change">additions in BLUE</span>, <span class="strike">strikes in blue<span>.<br />
</center>
</p>
<ul><li>
Iang <span class="change">20100716</span>: fixed up to deal with RDL and dropping of NRP-DaL. Plus minor format changes, and to XHTML<br />
</li></ul>
<hr />
<h3> <a name="0"> 0. </a> Introduction </h3> <h3 id="s0"> 0. Introduction </h3>
<p> <p>
This agreement is between This agreement is between
@ -17,7 +61,7 @@ and CAcert Incorporated ("CAcert"),
being an operator of services to the Community. being an operator of services to the Community.
</p> </p>
<h4> <a name="0.1"> 0.1 </a> Terms </h4> <h4 id="s0.1"> 0.1 Terms </h4>
<ol><li> <ol><li>
"CAcert" "CAcert"
means CAcert Inc., means CAcert Inc.,
@ -48,12 +92,22 @@ being an operator of services to the Community.
being someone who is not a being someone who is not a
Member, is not part of the Community, Member, is not part of the Community,
and has not registered their agreement. and has not registered their agreement.
<span class="strike">
Such people are offered the NRP-DaL Such people are offered the NRP-DaL
another agreement allowing the USE of certificates. another agreement allowing the USE of certificates.
</span><span class="change">
Such persons may make USE of certificates,
but may only RELY by entering this agreement or other related agreement.
</li><li> </li><li>
<span class="strike">
"Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"), "Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"),
another agreement that is offered to persons outside the another agreement that is offered to persons outside the
Community. Community. <br />
</span>
<span class="change">
"Root Distribution Licence" ("RDL"), an agreement for licensing the distribution of roots.
RDL replaces an earlier withdrawn licence (NRP-DaL).
</span>
</li><li> </li><li>
"Arbitration" "Arbitration"
is the Community's forum for is the Community's forum for
@ -64,21 +118,25 @@ being an operator of services to the Community.
rules for resolving disputes. rules for resolving disputes.
</li><li> </li><li>
"USE" "USE"
means the act by your software means the act <b>by your software</b>
to conduct its tasks, incorporating to conduct its tasks, incorporating
the certificates according to software procedures. the certificates
<span class="change">
needed for correct operation
</span>
according to software procedures.
</li><li> </li><li>
"RELY" "RELY"
means your human act in taking on a means <b>your human act</b> in taking on a
risk and liability on the basis of the claim(s) risk and liability on the basis of the claim(s)
bound within a certificate. bound within a certificate.
</li><li> </li><li>
"OFFER" "OFFER"
means the your act means <span class="strike">the</span> your act
of making available your certificate to another person. of making available <span class="strike">your</span> certificate<span class="change">S</span> to another person.
Generally, you install and configure your software Generally, you install and configure your software
to act as your agent and facilite this and other tasks. to act as your agent and facilite this and other tasks.
OFFER does not imply suggestion of reliance. OFFER does not imply suggestion of <span class="strike">reliance</span> <span class="change">RELIANCE</span>.
</li><li> </li><li>
"Issue" "Issue"
means creation of a certificate by CAcert. 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. used for signing certificates for Members.
In this document, the term includes any subroots. In this document, the term includes any subroots.
</li><li> </li><li>
"CAcert Official Document" ("COD" => COD3) "CAcert Official Document" ("COD" <span class="strike"> => COD3 </span>)
in a standard format for describing the details of <span class="strike">in</span> <span class="change">is</span> a standard format for describing the details of
operation and governance essential to a certificate authority. operation and governance essential to a certificate authority.
Changes are managed and controlled. Changes are managed and controlled.
CODs define more technical terms. CODs define more technical terms.
@ -103,12 +161,17 @@ being an operator of services to the Community.
"Certification Practice Statement" ("CPS" => COD6) "Certification Practice Statement" ("CPS" => COD6)
is the document that controls details is the document that controls details
about operational matters within CAcert. about operational matters within CAcert.
</li><li class="change">
"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.
</li></ol> </li></ol>
<h3> <a name="1"> 1. </a> Agreement and Licence </h3> <h3 id="s1"> 1. Agreement and Licence </h3>
<h4> <a name="1.1"> 1.1 </a> Agreement </h4> <h4 id="s1.1"> 1.1 Agreement </h4>
<p> <p>
You and CAcert both agree to the terms and conditions 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 is effective from the date of the first event above
that makes this agreement known to you. that makes this agreement known to you.
This Agreement This Agreement
replaces and supercedes prior agreements, replaces and supercedes prior agreements.
including the NRP-DaL. <span class="strike">, including the NRP-DaL.</span>
</p> </p>
<h4> <a name="1.2"> 1.2 </a> Licence </h4> <h4 id="s1.2"> 1.2 Licence </h4>
<p> <p>
As part of the Community, CAcert offers you these rights: 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. non-exclusive, and non-transferrable.
</li></ol> </li></ol>
<h4> <a name="1.3"> 1.3 </a> Your Contributions </h4> <h4 id="s1.3"> 1.3 Your Contributions </h4>
<p> <p>
@ -195,7 +258,7 @@ Note that the following exceptions override this clause:
Source code is subject to an open source licence regime. Source code is subject to an open source licence regime.
</li></ol> </li></ol>
<h4> <a name="1.4"> 1.4 </a> Privacy </h4> <h4 id="s1.4"> 1.4 Privacy </h4>
<p> <p>
@ -211,14 +274,14 @@ CAcert Community administrators and Assurers.
Privacy is further covered in the Privacy Policy ("PP" => COD5). Privacy is further covered in the Privacy Policy ("PP" => COD5).
</p> </p>
<h3> <a name="2"> 2. </a> Your Risks, Liabilities and Obligations </h3> <h3 id="s2"> 2. Your Risks, Liabilities and Obligations </h3>
<p> <p>
As a Member, you have risks, liabilities As a Member, you have risks, liabilities
and obligations within this agreement. and obligations within this agreement.
</p> </p>
<h4> <a name="2.1"> 2.1 </a> Risks </h4> <h4 id="s2.1"> 2.1 Risks </h4>
<ol><li> <ol><li>
A certificate may prove unreliable. A certificate may prove unreliable.
@ -230,7 +293,7 @@ and obligations within this agreement.
(DRP => COD7). (DRP => COD7).
</li></ol> </li></ol>
<h4> <a name="2.2"> 2.2 </a> Liabilities </h4> <h4 id="s2.2"> 2.2 Liabilities </h4>
<ol><li> <ol><li>
You are liable for any penalties You are liable for any penalties
@ -252,7 +315,7 @@ and obligations within this agreement.
The Arbitration Act will not apply to criminal cases. The Arbitration Act will not apply to criminal cases.
</li></ol> </li></ol>
<h4> <a name="2.3"> 2.3 </a> Obligations </h4> <h4 id="s2.3"> 2.3 Obligations </h4>
<p> <p>
You are obliged You are obliged
@ -270,7 +333,7 @@ and obligations within this agreement.
(DRP => COD7). (DRP => COD7).
</li></ol> </li></ol>
<h4> <a name="2.4"> 2.4 </a> Principles </h4> <h4 id="s2.4"> 2.4 Principles </h4>
<p> <p>
As a Member of CAcert, you are a member of As a Member of CAcert, you are a member of
@ -282,7 +345,7 @@ the Community.
<a href="http://svn.cacert.org/CAcert/principles.html">Principles of the Community</a>. <a href="http://svn.cacert.org/CAcert/principles.html">Principles of the Community</a>.
</p> </p>
<h4> <a name="2.5"> 2.5 </a> Security </h4> <h4 id="s2.5"> 2.5 Security </h4>
<p> <p>
CAcert exists to help you to secure yourself. CAcert exists to help you to secure yourself.
You are primarily responsible for your own security. You are primarily responsible for your own security.
@ -316,9 +379,9 @@ degree, in proportion with your risks and the risks of
others. others.
</p> </p>
<h3> <a name="3"> 3. </a> Law and Jurisdiction </h3> <h3 id="s3"> 3. Law and Jurisdiction </h3>
<h4> <a name="3.1"> 3.1 </a> Governing Law </h4> <h4 id="s3.1"> 3.1 Governing Law </h4>
<p> <p>
This agreement is governed under the law of This agreement is governed under the law of
@ -326,7 +389,7 @@ New South Wales, Australia,
being the home of the CAcert Inc. Association. being the home of the CAcert Inc. Association.
</p> </p>
<h4> <a name="3.2"> 3.2 </a> Arbitration as Forum of Dispute Resolution </h4> <h4 id="s3.2"> 3.2 Arbitration as Forum of Dispute Resolution </h4>
<p> <p>
You agree, with CAcert and all of the Community, 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. order to initiate support actions.
</p> </p>
<h4> <a name="3.3"> 3.3 </a> Termination </h4> <h4 id="s3.3"> 3.3 Termination </h4>
<p> <p>
You may terminate this agreement by resigning You may terminate this agreement by resigning
from CAcert. You may do this at any time by 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. Only the Arbitrator may terminate this agreement with you.
</p> </p>
<h4> <a name="3.4"> 3.4 </a> Changes of Agreement </h4> <h4 id="s3.4"> 3.4 Changes of Agreement </h4>
<p> <p>
CAcert may from time to time vary the terms of this 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. by you.
</p> </p>
<h4> <a name="3.5"> 3.5 </a> Communication </h4> <h4 id="s3.5"> 3.5 Communication </h4>
<p> <p>
Notifications to CAcert are to be sent by Notifications to CAcert are to be sent by
@ -424,9 +487,9 @@ to receive emails from CAcert.
Arbitration is generally conducted by email. Arbitration is generally conducted by email.
</p> </p>
<h3> <a name="4"> 4. </a> Miscellaneous </h3> <h3 id="s4"> 4. Miscellaneous </h3>
<h4> <a name="4.1"> 4.1 </a> Other Parties Within the Community </h4> <h4 id="s4.1"> 4.1 Other Parties Within the Community </h4>
<p> <p>
As well as you and other Members in the Community, As well as you and other Members in the Community,
@ -439,7 +502,7 @@ mirror and reinforce these terms.
</p> </p>
<h4> <a name="4.2"> 4.2 </a> References and Other Binding Documents </h4> <h4 id="s4.2"> 4.2 References and Other Binding Documents </h4>
<p> <p>
This agreement is CAcert Official Document 9 (COD9) 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. by formal policy channels and by Arbitration.
</p> </p>
<h4> <a name="4.3"> 4.3 </a> Informative References </h4> <h4 id="s4.3"> 4.3 Informative References </h4>
<p> <p>
The governing documents are in English. 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. by this agreement and others listed above.
</p> </p>
<h4> <a name="4.4"> 4.4 </a> Not Covered in this Agreement </h4> <h4 id="s4.4"> 4.4 Not Covered in this Agreement </h4>
<p> <p>
<b>Intellectual Property.</b> <b>Intellectual Property.</b>