512 lines
14 KiB
PHP
512 lines
14 KiB
PHP
<!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 Community Agreement</title></head>
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<body>
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<h3> <a name="0"> 0. </a> Introduction </h3>
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<p>
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This agreement is between
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you, being a registered member ("Member")
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within CAcert's community at large ("Community")
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and CAcert Incorporated ("CAcert"),
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being an operator of services to the Community.
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</p>
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<h4> <a name="0.1"> 0.1 </a> Terms </h4>
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<ol><li>
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"CAcert"
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means CAcert Inc.,
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a non-profit Association of Members incorporated in
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New South Wales, Australia.
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Note that Association Members are distinct from
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the Members defined here.
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</li><li>
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"Member"
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means you, a registered participant within CAcert's Community,
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with an account on the website and the
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facility to request certificates.
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Members may be individuals ("natural persons")
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or organisations ("legal persons").
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</li><li>
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"Organisation"
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is defined under the Organisation Assurance programme,
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and generally includes corporations and other entities
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that become Members and become Assured.
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</li><li>
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"Community"
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means all of the Members
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that are registered by this agreement
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and other parties by other agreements,
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all being under CAcert's Arbitration.
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</li><li>
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"Non-Related Person" ("NRP"),
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being someone who is not a
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Member, is not part of the Community,
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and has not registered their agreement.
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Such people are offered the NRP-DaL
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another agreement allowing the USE of certificates.
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</li><li>
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"Non-Related Persons - Disclaimer and Licence" ("NRP-DaL"),
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another agreement that is offered to persons outside the
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Community.
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</li><li>
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"Arbitration"
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is the Community's forum for
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resolving disputes, or jurisdiction.
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</li><li>
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"Dispute Resolution Policy" ("DRP" => COD7)
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is the policy and
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rules for resolving disputes.
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</li><li>
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"USE"
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means the act by your software
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to conduct its tasks, incorporating
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the certificates according to software procedures.
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</li><li>
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"RELY"
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means your human act in taking on a
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risk and liability on the basis of the claim(s)
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bound within a certificate.
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</li><li>
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"OFFER"
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means the your act
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of making available your certificate to another person.
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Generally, you install and configure your software
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to act as your agent and facilite this and other tasks.
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OFFER does not imply suggestion of reliance.
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</li><li>
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"Issue"
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means creation of a certificate by CAcert.
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To create a certificate,
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CAcert affixes a digital signature from the root
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onto a public key and other information.
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This act would generally bind a statement or claim,
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such as your name, to your key.
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</li><li>
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"Root"
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means CAcert's top level key,
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used for signing certificates for Members.
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In this document, the term includes any subroots.
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</li><li>
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"CAcert Official Document" ("COD" => COD3)
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in a standard format for describing the details of
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operation and governance essential to a certificate authority.
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Changes are managed and controlled.
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CODs define more technical terms.
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See 4.2 for listing of relevant CODs.
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</li><li>
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"Certification Practice Statement" ("CPS" => COD6)
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is the document that controls details
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about operational matters within CAcert.
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</li></ol>
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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
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in this agreement.
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Your agreement is given by any of
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</p>
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<ul><li>
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your signature on a form to request assurance of identity
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("CAP" form),
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</li><li>
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your request on the website
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to join the Community and create an account,
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</li><li>
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your request for Organisation Assurance,
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</li><li>
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your request for issuing of certificates, or
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</li><li>
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if you USE, RELY, or OFFER
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any certificate issued to you.
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</li></ul>
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<p>
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Your agreement
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is effective from the date of the first event above
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that makes this agreement known to you.
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This Agreement
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replaces and supercedes prior agreements,
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including the NRP-DaL.
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</p>
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<h4> <a name="1.2"> 1.2 </a> Licence </h4>
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<p>
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As part of the Community, CAcert offers you these rights:
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</p>
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<ol><li>
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You may USE any certificates issued by CAcert.
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</li><li>
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You may RELY on any certificate issued by CAcert,
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as explained and limited by CPS (COD6).
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</li><li>
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You may OFFER certificates issued to you by CAcert
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to Members for their RELIANCE.
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</li><li>
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You may OFFER certificates issued to you by CAcert
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to NRPs for their USE, within the general principles
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of the Community.
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</li><li>
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This Licence is free of cost,
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non-exclusive, and non-transferrable.
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</li></ol>
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<h4> <a name="1.3"> 1.3 </a> Your Contributions </h4>
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<p>
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You agree to a non-exclusive non-restrictive non-revokable
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transfer of Licence to CAcert for your contributions.
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That is, if you post an idea or comment on a CAcert forum,
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or email it to other Members,
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your work can be used freely by the Community for
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CAcert purposes, including placing under CAcert's licences
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for wider publication.
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</p>
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<p>
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You retain authorship rights, and the rights to also transfer
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non-exclusive rights to other parties.
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That is, you can still use your
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ideas and contributions outside the Community.
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</p>
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<p>
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Note that the following exceptions override this clause:
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</p>
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<ol><li>
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Contributions to controlled documents are subject to
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Policy on Policy ("PoP" => COD1)
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</li><li>
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Source code is subject to an open source licence regime.
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</li></ol>
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<h4> <a name="1.4"> 1.4 </a> Privacy </h4>
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<p>
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You give rights to CAcert to store, verify and process
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and publish your data in accordance with policies in force.
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These rights include shipping the data to foreign countries
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for system administration, support and processing purposes.
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Such shipping will only be done among
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CAcert Community administrators and Assurers.
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</p>
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<p>
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Privacy is further covered in the Privacy Policy ("PP" => COD5).
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</p>
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<h3> <a name="2"> 2. </a> Your Risks, Liabilities and Obligations </h3>
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<p>
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As a Member, you have risks, liabilities
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and obligations within this agreement.
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</p>
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<h4> <a name="2.1"> 2.1 </a> Risks </h4>
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<ol><li>
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A certificate may prove unreliable.
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</li><li>
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Your account, keys or other security tools may be
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lost or otherwise compromised.
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</li><li>
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You may find yourself subject to Arbitration
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(DRP => COD7).
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</li></ol>
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<h4> <a name="2.2"> 2.2 </a> Liabilities </h4>
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<ol><li>
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You are liable for any penalties
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as awarded against you by the Arbitrator.
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</li><li>
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Remedies are as defined in the DRP (COD7).
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An Arbitrator's ruling may
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include monetary amounts, awarded against you.
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</li><li>
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Your liability is limited to
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a total maximum of
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<b>1000 Euros</b>.
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</li><li>
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"Foreign Courts" may assert jurisdiction.
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These include your local courts, and are outside our Arbitration.
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Foreign Courts will generally refer to the Arbitration
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Act of their country, which will generally refer
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civil cases to Arbitration.
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The Arbitration Act will not apply to criminal cases.
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</li></ol>
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<h4> <a name="2.3"> 2.3 </a> Obligations </h4>
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<p>
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You are obliged
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</p>
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<ol><li>
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to provide accurate information
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as part of Assurance.
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You give permission for verification of the information
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using CAcert-approved methods.
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</li><li>
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to make no false representations.
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</li><li>
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to submit all your disputes to Arbitration
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(DRP => COD7).
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</li></ol>
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<h4> <a name="2.4"> 2.4 </a> Principles </h4>
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<p>
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As a Member of CAcert, you are a member of
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the Community.
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You are further obliged to
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work within the spirit of the Principles
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of the Community.
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These are described in
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<a href="http://svn.cacert.org/CAcert/principles.html">Principles of the Community</a>.
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</p>
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<h4> <a name="2.5"> 2.5 </a> Security </h4>
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<p>
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CAcert exists to help you to secure yourself.
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You are primarily responsible for your own security.
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Your security obligations include
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</p>
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<ol><li>
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to secure yourself and your computing platform (e.g., PC),
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</li><li>
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to keep your email account in good working order,
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</li><li>
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to secure your CAcert account
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(e.g., credentials such as username, password),
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</li><li>
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to secure your private keys,
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</li><li>
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to review certificates for accuracy,
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and
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</li><li>
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when in doubt, notify CAcert,
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</li><li>
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when in doubt, take other reasonable actions, such as
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revoking certificates,
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changing account credentials,
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and/or generating new keys.
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</li></ol>
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<p>
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Where, above, 'secure' means to protect to a reasonable
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degree, in proportion with your risks and the risks of
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others.
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</p>
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<h3> <a name="3"> 3. </a> Law and Jurisdiction </h3>
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<h4> <a name="3.1"> 3.1 </a> Governing Law </h4>
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<p>
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This agreement is governed under the law of
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New South Wales, Australia,
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being the home of the CAcert Inc. Association.
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</p>
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<h4> <a name="3.2"> 3.2 </a> Arbitration as Forum of Dispute Resolution </h4>
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<p>
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You agree, with CAcert and all of the Community,
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that all disputes arising out
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of or in connection to our use of CAcert services
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shall be referred to and finally resolved
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by Arbitration under the rules within the
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Dispute Resolution Policy of CAcert
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(DRP => COD7).
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The rules select a single Arbitrator chosen by CAcert
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from among senior Members in the Community.
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The ruling of the Arbitrator is binding and
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final on Members and CAcert alike.
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</p>
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<p>
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In general, the jurisdiction for resolution of disputes
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is within CAcert's own forum of Arbitration,
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as defined and controlled by its own rules (DRP => COD7).
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</p>
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<p>
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We use Arbitration for many purposes beyond the strict
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nature of disputes, such as governance and oversight.
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A systems administrator may
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need authorisation to conduct a non-routine action,
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and Arbitration may provide that authorisation.
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Thus, you may find yourself party to Arbitration
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that is simply support actions, and you may file disputes in
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order to initiate support actions.
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</p>
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<h4> <a name="3.3"> 3.3 </a> Termination </h4>
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<p>
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You may terminate this agreement by resigning
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from CAcert. You may do this at any time by
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writing to CAcert's online support forum and
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filing dispute to resign.
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All services will be terminated, and your
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certificates will be revoked.
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However, some information will continue to
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be held for certificate processing purposes.
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</p>
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<p>
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The provisions on Arbitration survive any termination
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by you by leaving CAcert.
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That is, even if you resign from CAcert,
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you are still bound by the DRP (COD7),
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and the Arbitrator may reinstate any provision of this
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agreement or bind you to a ruling.
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</p>
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<p>
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Only the Arbitrator may terminate this agreement with you.
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</p>
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<h4> <a name="3.4"> 3.4 </a> Changes of Agreement </h4>
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<p>
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CAcert may from time to time vary the terms of this Agreement.
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Changes will be done according to the documented CAcert policy
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for changing policies, and is subject to scrutiny and feedback
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by the Community.
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Changes will be notified to you by email to your primary address.
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</p>
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<p>
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If you do not agree to the changes, you may terminate as above.
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Continued use of the service shall be deemed to be agreement
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by you.
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</p>
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<h4> <a name="3.5"> 3.5 </a> Communication </h4>
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<p>
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Notifications to CAcert are to be sent by
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email to the address
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<b>support</b> <i>at</i> CAcert.org.
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You should attach a digital signature,
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but need not do so in the event of security
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or similar urgency.
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</p>
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<p>
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Notifications to you are sent
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by CAcert to the primary email address
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registered with your account.
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You are responsible for keeping your email
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account in good working order and able
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to receive emails from CAcert.
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</p>
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<p>
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Arbitration is generally conducted by email.
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</p>
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<h3> <a name="4"> 4. </a> Miscellaneous </h3>
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<h4> <a name="4.1"> 4.1 </a> Other Parties Within the Community </h4>
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<p>
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As well as you and other Members in the Community,
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CAcert forms agreements with third party
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vendors and others.
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Thus, such parties will also be in the Community.
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Such agreements are also controlled by the same
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policy process as this agreement, and they should
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mirror and reinforce these terms.
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</p>
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<h4> <a name="4.2"> 4.2 </a> References and Other Binding Documents </h4>
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<p>
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This agreement is CAcert Official Document 9 (COD9)
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and is a controlled document.
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</p>
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<p>
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You are also bound by
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</p>
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<ol><li>
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<a href="http://svn.cacert.org/CAcert/policy.htm">
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Certification Practice Statement</a> (CPS => COD6).
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</li><li>
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<a href="http://svn.cacert.org/CAcert/dispute_resolution.html">
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Dispute Resolution Policy</a> (DRP => COD7).
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</li><li>
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<a href="http://www.cacert.org/index.php?id=10">
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Privacy Policy</a> (PP => COD5).
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</li><li>
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<a href="http://svn.cacert.org/CAcert/principles.html">
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Principles of the Community</a>.
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</li></ol>
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<p>
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Where documents are referred to as <i>=> COD x</i>,
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they are controlled documents
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under the control of Policy on Policies (COD1).
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</p>
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<p>
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This agreement and controlled documents above are primary,
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and may not be replaced or waived except
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by formal policy channels and by Arbitration.
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</p>
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<h4> <a name="4.3"> 4.3 </a> Informative References </h4>
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<p>
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The governing documents are in English.
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Documents may be translated for convenience.
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Because we cannot control the legal effect of translations,
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the English documents are the ruling ones.
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</p>
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<p>
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You are encouraged to be familiar with the
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Assurer Handbook,
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which provides a more readable introduction for much of
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the information needed.
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The Handbook is not however an agreement, and is overruled
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by this agreement and others listed above.
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</p>
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<h4> <a name="4.4"> 4.4 </a> Not Covered in this Agreement </h4>
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<p>
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<b>Intellectual Property.</b>
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This Licence does not transfer any intellectual
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property rights ("IPR") to you. CAcert asserts and
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maintains its IPR over its roots, issued certificates,
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brands, logos and other assets.
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Note that the certificates issued to you
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are CAcert's intellectual property
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and you do not have rights other than those stated.
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</p>
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</body>
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</html>
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