Thawte CertificateCenterEnterprise Account Agreement
THIS THAWTECERTIFICATECENTERENTERPRISE ACCOUNT AGREEMENT ("AGREEMENT") IS ENTERED INTO BETWEEN THAWTE (AS DEFINED BELOW), AND THE ENTITY YOU REPRESENT IN EXECUTING THIS AGREEMENT ("YOU"). THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS APPLICABLE TO YOU IN USING THE SERVICE. BY CLICKING "ACCEPT" OR BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND FULLY PERFORM YOUR OBLIGATIONS HEREUNDER, AND YOU AGREE TO BECOME A PARTY TO, AND BE BOUND BY, THESE TERMS. BY CLICKING "DECLINE", YOU INDICATE THAT YOU DO NOT AGREE TO THESE TERMS, AND WILL NOT USE THE SERVICE.
ALL REFERENCES TO "THAWTE" IN THIS AGREEMENT SHALL MEAN THAWTE, INC. UNLESS YOU (ON BEHALF OF YOUR ORGANIZATION) ARE LOCATED IN THE REPUBLIC OF SOUTH AFRICA, THE REPUBLIC OF NAMIBIA, THE KINGDOM OF LESOTHO, OR THE KINGDOM OF SWAZILAND, IN WHICH CASE ALL REFERENCES TO "THAWTE" HEREIN SHALL MEAN SYMANTEC, LTD.
1. DEFINITIONS .
"Account Administrator" or "Administrator" is a person appointed by an RA and responsible for carrying out the functions of an RA.
"Certificate" means a message that, at least, states a name or identifies the issuing certificate authority, identifies the Subscriber, contains the
Subscriber's public key, identifies the Certificate's Operational Period, contains a Certificate serial number, and contains a digital signature of the
issuing certificate authority.
"Certificate Application" means a request to Thawte for the issuance of a Certificate.
"Certification Practice Statement" or "CPS" means a document, as revised from time to time, representing a statement of the practices a certificate authority employs in issuing Certificates. Thawte's CPS is published at https://www.thawte.com/repository.
"Code Signing Certificate" means a Certificate used by software developers and content publishers to digitally-sign code for secure delivery over
"Compromise" shall mean a loss, theft, disclosure, modification, unauthorized use, or other compromise of the security of a private key.
"Conditions of Use" means the agreement executed between Subscriber and Thawte that governs Subscriber's rights and obligations related to the Thawte Seal.
"Confidential Information" means material, data, systems and other information concerning the operation, business, projections, market goals, financial affairs, products, services, customers and Intellectual Property Rights of the other party that may not be accessible or known to the general public, provided that such information is clearly marked as Confidential Information at the time of disclosure. Confidential Information shall include, but not be limited to, the terms of this Agreement, and any information which concerns technical details of operation of any of Thawte's services offered or provided hereunder.
"Erroneous Issuance" means: (a) issuance of a Certificate in a manner not materially in accordance with the procedures required by Thawte; (b) issuance of a Certificate to a Subscriber other than the one named as the subject of the Certificate; or (c) issuance of a Certificate without the authorization of the Subscriber that is the subject of the Certificate.
"Intellectual Property Rights" means any and all now known or hereafter existing rights associated with intangible property, including but not limited to registered and unregistered, United States and foreign copyrights, trade dress, trade names, corporate names, logos, inventions, patents, patent applications, software, know-how and all other intellectual property and proprietary rights (of every kind and nature throughout the universe and however designated).
"Portal" shall mean the secure Web pages operated by Thawte wherein you may establish an account and purchase Units and redeem for Services.
"Operational Period" means a period starting with the date and time a Certificate is issued (or on a later date and time certain if stated in the Certificate) and ending with a date and time at which the Certificate expires or is earlier revoked.
"Registration Authority" or "RA" means an entity approved by a CA to assist persons in applying for Certificates and/or revoking (or where authorized,
suspending) Certificates, and approving such applications, in connection with the Service. An RA is not the agent of a Certificate Applicant, and may
not delegate the authority to approve Certificate Applications other than to authorized Account Administrators of the RA.
"Repository" shall mean the collection of documents located at the link for the repository which may be accessed from the homepage of the Portal.
"Services" means the Portal, and the Certificate services listed therein which Thawte makes available for purchase through the Portal.
"SSL Certificate" means a Certificate used to support SSL sessions between a web browser and web server that uses encryption.
"Subscriber" means a person, organization or entity who is the owner of or has the right to the device that is the subject of, and has been issued, a
Certificate, and is capable of using, and is authorized to use, the private key that corresponds to the public key listed in the Certificate at issue.
"Subscriber Agreement" is the agreement executed between Subscriber and Thawte relating to the provision of designated Certificate-related services that governs the Subscriber's rights and obligations related to the Certificate.
"Thawte Seal" means an electronic image featuring a Thawte mark which when displayed by you on your website indicates that you have purchased Thawte service(s) and, when clicked on, indicated which Thawte service(s) you have purchased and whether such services are active.
"Thawte PKI" shall mean the Certificate-based public key infrastructure governed by the Thawte certificate policies, which enables the worldwide
deployment and use of Certificates by Thawte, its affiliates, their respective customers, Subscribers, and relying parties.
2. YOUR OBLIGATIONS
(a) Appointment. Upon registration, your account will be secured through a unique user name and password. You shall take all necessary measures to protect the confidentiality of your user name and password. You may appoint one or more authorized employees or agents as Account Administrator(s). You may permit such Administrator(s) to appoint additional Administrators on your organization's behalf. You shall cause your Administrators receiving Certificates hereunder to abide by the terms of the applicable Subscriber Agreement.
(b) Administrator Functions. You shall comply with the requirements set forth in the Thawte CPS for validating the information in Certificate Applications, approving or rejecting such Certificate Applications, using hardware and software designated by Thawte, and revoking Certificates. You shall perform such tasks in a competent, professional, and workmanlike manner. You shall approve a Certificate Application only if: (i) the application was made on behalf of a device or internet domain (for purposes of approving SSL Certificates) or a software publisher (for purposes of approving Code Signing certificates) within your organization; and (ii) your RA has authorized the use of your organizational name in the Certificate. If your Administrator ceases to have the authority to act as Administrator on your behalf, then you shall promptly revoke such authority. If the information in your Certificates is incorrect or has changed, then your Administrator shall promptly request revocation of all such Certificates issued therein.
(c) Survival. In addition to the termination, revocation, and security provisions set forth in this Agreement, the Thawte CPS shall survive termination of this Agreement until the end of the Operational Period of all Certificates issued hereunder.
(d) Certificate Restrictions.
You shall not use a SSL Certificate: (i) for or on behalf of any organization other than your own; (ii) to perform private or public key operations in connection with any domain name and/or organization name other than the one(s) submitted by your Administrator during enrollment; or (iii) on more than one physical server or device at a time, unless you have selected the specific licensing option (if available) that permits the use of a Certificate on one physical device with additional Certificate licenses for each physical server that each device manages, or where replicated Certificates may otherwise reside (the "Licensed Certificate Option"). You acknowledge that the Licensed Certificate Option can result in increased security risks to your network and Thawte expressly disclaims any liability for breaches of security that result from the distribution of a single key across multiple devices. THAWTE CONSIDERS THE UNLICENSED USE OF A SSL CERTIFICATE ON A DEVICE THAT RESIDES ABOVE A SERVER OR SERVER FARM SOFTWARE PIRACY AND WILL PURSUE VIOLATORS TO THE FULLEST EXTENT OF THE LAW. You shall not use a Code Signing Certificate: (iv) for or on behalf of any organization other than your own; (v) to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your Certificate Application; or (vi) to distribute malicious or harmful content of any kind including, but not limited to, content that would otherwise have the effect of inconveniencing the recipient of such content.
(e) Your Warranties. You warrant that: (i) all information material to the issuance of a Certificate and validated by you or on your behalf is true and correct in all material respects; (ii) your approval of Certificate Applications will not result in Erroneous Issuance; (iii) you have substantially complied with the Thawte CPS and your obligations set forth herein; (iv) no Certificate information provided to Thawte infringes the intellectual property rights of any third party; (v) the information you provide in the Certificate Application(s) (including email address(es)) has not been and will not be used for any unlawful purpose; (vi) your Administrator(s) has been (since the time of the creation of your account) and will remain the only person(s) possessing the Administrator's account user name and password, private key, or any challenge phrase, PIN, software, or hardware mechanism protecting the private key, and no unauthorized person has had or will have access to such materials or information; and (vii) you will not monitor, interfere with or reverse engineer the technical implementation of the Thawte systems or software or the Thawte PKI, except with the prior written approval from Thawte, and shall not otherwise intentionally compromise the security of the Thawte systems or software or the Thawte PKI.
3. ADDITIONAL SERVICE TERMS
(a) License Grant. Thawte grants you a limited, non-exclusive, non-transferable, non-sublicenseable license during the term of this Agreement to access
and use the Thawte Certificate Center for Enterprise and, if applicable, any software or tools which Thawte makes available through the Thawte
Certificate Center for Enterprise Services. You may use such software and tools solely in accordance with the applicable instructions or documentation
and any end-user license terms and/or restrictions provided therewith.
(b) Each ThawteCertificateCenter for Enterprise Service license may support multiple organizations and multiple domain names, as long as each organization and related domain name(s) is owned and registered to the organization that owns the account. This Service is not intended for service providers that issue certificates to unrelated organizations and may not be used for such purpose.
(c) If you choose to display the Thawte Seal, then you must install and display such seal only in accordance with the Conditions of Use posted on Thawte's website.
4. THAWTE'S OBLIGATIONS
(a) Thawte Certificate Center Enterprise Service. Upon registration, Thawte shall provide you access to the Portal for the purpose of purchasing Units which may be redeemed for Certificates in accordance with this Agreement. Thawte shall issue, manage, revoke, and/or renew Certificates in accordance with the instructions you provide through your Administrator(s). Upon your approval of a Certificate Application, Thawte shall: (i) be entitled to rely upon the correctness of the information in each such approved Certificate Application; and (ii) issue a Certificate to the Certificate Applicant submitting such Certificate Application.
(b) Thawte's Warranties and Disclaimers. Thawte warrants that: (i) it has the corporate power and authority to enter into this Agreement and to fully perform its obligations herein; (ii) there are no errors introduced by Thawte in the Certificate information as a result of Thawte's failure to use reasonable care in creating the Certificate; (iii) its issuance of Certificates shall comply in all material respects with its CPS; and (iv) its revocation services and use of a repository conform to its CPS in all material aspects.
5. UNIT REDEMPTION
(a) Unit Redemption Period. You may purchase Certificate Units and Thawte shall pre-load them into your account. However, these Units must be redeemed for Certificates within one (1) year after the date you purchase them. Any Units not issued (i.e., redeemed for Certificates) within one (1) year shall expire, shall be deemed null and void, and Thawte shall not redeem them or refund amounts paid for them.
(b) A "Unit" refers to the volume of Certificates purchased; for example, a one-year Certificate has the value of one Unit; a two-year Certificate shall require two Units, etc. Further, if the Licensed Certificate Option described in Section 2(d) above is available with the Certificate you are purchasing, then each Certificate license has the value of one Unit; thus, for example, a one-year Certificate that is used to secure three devices shall require three Units, and a two-year Certificate that is used to secure three devices shall require six Units, etc.
6. PROPRIETARY RIGHTS
You acknowledge that Thawte and its licensors retain all Intellectual Property Rights and title in and to all of their Confidential Information or other proprietary information, products, services, and the ideas, concepts, techniques, inventions, processes, software or works of authorship developed, embodied in, or practiced in connection with the Services provided by Thawte hereunder, including without limitation all modifications, enhancements, derivative works, configurations, translations, upgrades, and interfaces thereto (all of the foregoing " Thawte Works"). Thawte Works do not include your preexisting hardware, software, or networks. Nothing in this Agreement shall create any right of ownership or license in and to the other party's Intellectual Property Rights and each party shall continue to independently own and maintain its Intellectual Property Rights.
7. FEES, PAYMENTS, AND TAXES
As consideration for the Services, you shall pay Thawte the applicable fees set forth on the Portal at the time of your selection. All fees are due immediately and are non-refundable. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. The fees stated are exclusive of tax. All taxes, duties, fees and other governmental charges of any kind (including sales, services, use, and value-added taxes, but excluding taxes based on the net income of Thawte) which are imposed by or under the authority of any government or any political subdivision thereof on the fees for any of the Services shall be borne by you and shall not be considered a part of, a deduction from or an offset against such fees. All payments due to Thawte shall be made without any deduction or withholding on account of any tax, duty, charge or penalty except as required by law in which case the sum payable by you in respect of which such deduction or withholding is to be made shall be increased to the extent necessary to ensure that, after making such deduction or withholding, Thawte receives and retains (free from any liability in respect thereof) a net sum equal to the sum it would have received but for such deduction or withholding being required.
8. CONFIDENTIAL INFORMATION
The parties acknowledge that by reason of their relationship under this Agreement, they may have access to and acquire Confidential Information of the other party. Each party receiving Confidential Information (the "Receiving Party") agrees to maintain all such Confidential Information received from the other party (the "Disclosing Party"), both orally and in writing, in confidence and agrees not to disclose or otherwise make available such Confidential Information to any third party without the prior written consent of the Disclosing Party; provided, however, that the Receiving Party may disclose the terms of this Agreement to its legal and business advisors if such third parties agree to maintain the confidentiality of such Confidential Information under terms no less restrictive than those set forth herein. The Receiving Party further agrees to use the Confidential Information only for the purpose of performing this Agreement. Notwithstanding the foregoing, the obligations set forth herein shall not apply to Confidential Information which: (i) is or becomes a matter of public knowledge through no fault of or action by the Receiving Party; (ii) was lawfully in the Receiving Party's possession prior to disclosure by the Disclosing Party; (iii) subsequent to disclosure, is rightfully obtained by the Receiving Party from a third party who is lawfully in possession of such Confidential Information without restriction; (iv) is independently developed by the Receiving Party without resort to the Confidential Information; or (v) is required by law or judicial order, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such required disclosure in order to afford the Disclosing Party an opportunity to seek a protective order or other legal remedy to prevent the disclosure, and shall reasonably cooperate with the Disclosing Party's efforts to secure such a protective order or other legal remedy to prevent the disclosure.
You agree to the use of your data and information in accordance with the following: Thawte will treat and process the data you provide during the enrollment process in accordance with the privacy statement specific to these Services ("Thawte Privacy Statement or "Privacy Statement"), as amended from time to time and accessible from the home page of the website from which you enrolled for Services. You agree and consent that Thawte may place in your Certificate and Thawte Seal information that you provide in your Certificate Application. Thawte may also: (i) publish your Certificate, Seal and information contained therein in the Repository and other third-party sites; and (ii) use such information for the purposes set out in this Agreement and in the Thawte Privacy Statement. If you are purchasing Certificates on behalf of a customer, you warrant that you have all necessary rights (including consents) to provide your customer information to Thawte. You are aware that Thawte will process and/or transfer the information you provide in the United States and in other jurisdictions where Thawte maintains a presence. For further information on processing of customer data, please see our applicable Privacy Statement.
You agree to indemnify, defend and hold harmless Thawte, its directors, shareholders, officers, agents, employees, successors and assigns from and any
third party claims, proceedings, judgments, damages and costs (including reasonable legal fees and expenses) arising from: (i) breach of any of the
warranties, representations and obligations under this Agreement; (ii) any falsehoods and misrepresentations of fact you make on the Certificate
Application; (iii) any infringement of an Intellectual Property Right of any person or entity in information or content provided by you; (iv) failure
to disclose a material fact on the Certificate Application if the misrepresentation or omission was made negligently or with intent to deceive any
party; or (v) failure to protect the private key, or use a trustworthy system, or to take precautions necessary to prevent the compromise, loss,
disclosure, modification or unauthorized use of the private key under the terms of this Agreement. Thawte shall promptly notify you of any such claim,
and you shall bear full responsibility for the defense of such claim (including settlements); provided however, that: (a) you keep Thawte informed of,
and consult with Thawte in connection with the progress of such litigation or settlement; (b) you shall not have the right, without Thawte's written
consent, which consent shall not be unreasonably withheld, to settle any such claim if such settlement arises from or is part of any criminal action,
claim or proceeding or contains a stipulation to or admission or acknowledgement of any liability or wrongdoing (whether in contract, tort or
otherwise) on the part of Thawte, or requires any specific performance or non-pecuniary remedy by Thawte; and (c) Thawte shall have the right to
participate in the defense of a claim with legal counsel of its choice at its own expense.
11. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMERS
THE LIMITATION PROVIDED HEREIN WILL APPLY WITH RESPECT TO ALL DAMAGES, CLAIMS, OR OTHER LOSSES RELATING TO THE SERVICES AND ANY CERTIFICATE ISSUED HEREUNDER. THAWTE'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU FOR USE AND RELIANCE ON A SPECIFIC CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO TWO (2) TIMES THE AMOUNT PAID FOR THE CERTIFICATE. THE LIABILITY LIMITATIONS PROVIDED HEREIN SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. THAWTE SHALL NOT BE OBLIGATED TO PAY MORE THAN THE TOTAL LIABILITY LIMITATION FOR EACH CERTIFICATE. FURTHER, NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THAWTE DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED HEREIN OR
IN THE APPLICABLE SUBSCRIBER AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND THAWTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION OF CUSTOMER REQUIREMENTS,
NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING THE FOREGOING, A PARTY'S LIABILITY SHALL NOT BE LIMITED UNDER THIS SECTION 11 IN CASES OF PERSONAL INJURY OR DEATH ARISING FROM A
PARTY'S NEGLIGENCE OR TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF ANY APPLICABLE JURISDICTION). TO
THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITY LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
12. TERM AND TERMINATION
(a) Term and Termination. This Agreement shall commence on the date you click the "ACCEPT" button and shall continue for successive one (1) year term(s), until termination pursuant to section 12 (b) below.
(b) Termination for Default. In the event of a material breach of this Agreement (excluding any breaches for which an exclusive remedy is expressly provided), the non-breaching party may terminate this Agreement if such breach is not cured within thirty (30) days after written notice thereof.
(c) Effect of Termination. You shall cease using the Services upon termination. Further, any termination of this Agreement shall not relieve either party of any obligations that accrued prior to the date of such termination. Sections 6, 7, 8, 9, 10, 11, 12(c) and 13 shall survive the termination of this Agreement for any reason.
13. GENERAL PROVISIONS
(a) Notices. You shall make all notices, demands or requests to Thawte with respect to this Agreement in writing (excluding email) to the "Contact" address listed on the website from which you purchased the Services, with a copy to the General Counsel - Legal Department, 350 Ellis Street, Mountain View, CA94043, USA.
(b) Entire Agreement. This Agreement (including any purchase orders issued hereunder) and any Subscriber Agreement and Conditions of Use, where applicable, constitute the entire understanding and agreement between Thawte and you with respect to any Certificate purchased hereunder, and supersedes any and all prior or contemporaneous oral or written representation, understanding, agreement or communication relating thereto.
(c) Amendments and Waiver. Except as provided below, any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing in the form of a non-electronic record referencing this Agreement and signed by the parties to be bound thereby, and this Agreement may not be modified or extended solely by submission of a purchase order or similar instrument referencing this Agreement. Notwithstanding the foregoing, Thawte may amend the terms and conditions of this Agreement at any time and in such event, you will be required to affirm your acceptance to the modified Agreement in order to continue using the Service, provided that the amended Agreement shall not apply to the Units purchased prior to such modification.
(d) Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of such party, provided that the party relying upon this provision: (i) gives prompt written notice thereof, and (ii) takes all steps reasonably necessary to mitigate the effects of the force majeure event; provided further, that in the event a force majeure event extends for a period in excess of thirty (30) days in the aggregate, either party may immediately terminate this Agreement upon written notice.
(e) Severability. In the event that any provision of this Agreement should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not, in any way, be affected or impaired thereby.
(f) Compliance with Law, Export Requirements, and Foreign Reshipment Liability. Each party agrees that it shall comply with all applicable federal, state and local laws, regulations, and export requirements in connection with its performance under this Agreement. Without limiting the generality of the foregoing, each Party agrees to comply with all export requirements ("Export Control"). Regardless of any disclosure you made to Thawte of an ultimate destination of Certificates, software, hardware, or technical data (or portions thereof) supplied by Thawte ("Thawte Technology") and, notwithstanding anything contained in this Agreement to the contrary, you will not
(i) modify, export, or re-export, either directly or indirectly, any Thawte Technology to any destination restricted or prohibited by Export Control,
without first obtaining any and all necessary licenses from the United States government or any other country that imposes Export Control; (ii) provide
Thawte Technology to any proscribed party on the United States Treasury Department's Office of Foreign Asset Control list of "specially designated
nationals and blocked persons", the United States Commerce Department's "denied parties list" or the United States Commerce Departments "BIS Entity
List"; or (iii) export or re-export Thawte Technology, directly or indirectly, for nuclear, missile, or chemical/biological weaponry end uses
prohibited by Export Control. Thawte shall have the right to suspend performance of any of its obligations under this Agreement, without any prior
notice being required and without any liability to you, if you fail to comply with this provision.
(g) Assignment. You may not assign the rights granted hereunder or this Agreement, in whole or in part and whether by operation of contract, law or otherwise, without Thawte's prior express written consent. Such consent shall not be unreasonably withheld or delayed.
(h) Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, joint venturer, or partner of the other party. Neither party shall have any right, power or authority to enter into any Agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. Each party shall bear its own costs and expenses in performing this Agreement.
(i) Governing Law. This Agreement and any disputes relating to the Services provided hereunder shall be governed and interpreted according to each of the following laws, respectively, without regard to its conflict of law provision: (a) the laws of the State of California, if you are located in North America or Latin America; or (b) the law of England, if you are located in Europe, Middle East or Africa; or (c) the laws of Singapore, if you are located in Asia Pacific including Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
(j) Dispute Resolution. To the extent permitted by law, before you file suit of initiate an administrative claim with respect to a dispute involving any aspect of this Agreement, you shall notify Thawte and any other party to the dispute for the purpose of seeking a business resolution. Both you and Thawte shall make good faith efforts to resolve such dispute via business discussions. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed as permitted under applicable law as specified under this Agreement.
(k) Order of Precedence. In the event of a conflict in terms in regard to a purchase of a Certificate hereunder, the order of precedence shall be as
follows: (1) this Agreement; (2) the applicable Subscriber Agreement; (3) the Conditions of Use; (4) the applicable purchase order submitted hereunder,
Thawte Certificate Center Enterprise Account Agreement version 2.0 (August 2010)