Trial Subscriber Agreement

These terms and conditions and schedules thereto, set out below govern the relationship between you (the 'Subscriber') and M.G. Infocom Pvt. Ltd. dba SSLGenie ('SSLGenie'). YOU MUST READ THIS SSLGenie Trial Certificate Subscriber Agreement before REQUESTING, USING, OR RELYING UPON A TEST CERTIFICATE.

This Agreement sets forth certain terms and conditions under which SSLGenie Certification Authority issues and manages test server certificates.

A person or organisation which is the subject of, and has been issued a Test Certificate, and is capable of using, and is authorised to use, the private key corresponding to the public key listed in the Test Certificate is a subscriber ('Subscriber'). A Test Server Certificate enables a Subscriber to simulate the operation of a Web site that provides certain security services when a server certificate is properly used. A Test Server Certificate enables a Subscriber to use the Test Server Certificate to test the functionality of server certificates in his/her application. A Subscriber using a Test Subscriber Certificate may either (i) act as an Managed PKI administrator and approve Test Subscriber Certificate applications and otherwise perform Managed PKI administrator functions; or (ii) test the functionality of client certificates in his/her application. SSLGenie makes the Test CA Certificate available on its Web site for authorised test purposes only in accordance with this Subscriber Agreement.

A person downloading and/or using the Trial Certificate ('User'), including but not limited to employees or other representatives of the Subscriber, can simulate the process by which a browser authenticates and establishes a secure channel to a Web site that properly uses a server certificate. This Agreement is intended to legally bind and provide notice to Subscribers and other Users.

In consideration of the promises in this Subscriber Agreement and intending to be legally bound, SSLGenie, Subscribers and Users ('Party' or 'Parties' hereunder) agree as follows :

1. USE LIMITED TO AUTHORIZED TESTING PURPOSES.
   
   TEST CERTIFICATES AND THE TEST CA CERTIFICATE SHALL BE USED EXCLUSIVELY FOR TEST PURPOSES. TEST CERTIFICATES, THE TEST CA CERTIFICATES AND ALL COMPONENTS THEREOF SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSES, INCLUDING COMMERCIAL TRANSACTIONS, AUTHENTICATING THE IDENTITY OF A SUBSCRIBER OR THE TEST CA, OR IN CONNECTION WITH ENSURING THE CONFIDENTIALITY OF ANY INFORMATION. DO NOT REQUEST OR USE A TEST CERTIFICATE OR THE TEST CA CERTIFICATE FOR ANY PURPOSE OTHER THAN FOR AUTHORISED TECHNICAL TESTING. SUBSCRIBERS AND USERS ACKNOWLEDGE THAT NEITHER THE IDENTITY NOR AUTHORITY OF SUBSCRIBERS HAS BEEN AUTHENTICATED OR APPROVED BY THE TEST CA OR SSLGenie.
2. Issuance and Use.
   
   Upon SSLGenie's receipt of a completed application for a Test Certificate, SSLGenie shall issue a Test Certificate to a Subscriber. SSLGenie shall also provide Subscriber and other Users with access to the Test CA Certificate. Test Certificates and the Test CA Certificate shall be used exclusively for authorized testing purposes in simulating the process by which
   
   (i)   a browser authenticates and establishes a secure channel to a Web site that properly uses a server certificate (for Test Server Certificates)
   
   (ii) a Managed PKI Administrator approves Test Subscriber Certificate applications and otherwise performs Managed PKI administrator functions (for Test Subscriber Certificates) or
   
   (iii) a Subscriber tests the general functionality of client certificates (for Test Subscriber Certificates).
3. No Suspension or Revocation Services.
   
   Subscribers and Users acknowledge that SSLGenie shall not be required to suspend or revoke Test Certificates at the request of the Subscriber. SSLGenie shall be entitled at its sole discretion to revoke any or all Test Certificates.
4. Permission to Publish Information.
   
   SSLGenie shall be entitled to publish and otherwise to disclose publicly any Test Certificate or any portion of the content of a certificate, in connection with SSLGenie's dissemination of Test Certificate information within and outside of SSLGenie's Test CA hierarchy.
5. DISCLAIMER OF WARRANTY.
   
   SSLGenie ISSUES TEST CERTIFICATES 'AS IS'. SSLGenie DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, TERMS OR CONDITIONS WHATSOEVER WITH RESPECT TO THE SERVICES PROVIDED BY SSLGenie HEREUNDER, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SSLGenie MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE TO ANY PERSON THAT ANY SUBSCRIBER TO WHICH IT HAS ISSUED A TEST CERTIFICATE IS IN FACT THE PERSON OR ORGANISATION IT CLAIMS TO BE IN INFORMATION SUPPLIED TO SSLGenie, OR THAT ANY PERSON OR ORGANISATION IS IN FACT THE PERSON OR ORGANISATION LISTED IN A TEST CERTIFICATE OR THE TEST CA CERTIFICATE. SSLGenie MAKES NO ASSURANCES OF THE ACCURACY, AUTHENTICITY, INTEGRITY OR RELIABILITY OF INFORMATION CONTAINED IN TEST CERTIFICATES OR THE TEST CA CERTIFICATE, OR OF THE RESULTS OF CRYPTOGRAPHIC METHODS IMPLEMENTED IN CONNECTION WITH SUCH CERTIFICATES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SSLGenie OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A REPRESENTATION, WARRANTY OR GUARANTEE, OR IN ANY WAY INCREASE THE SCOPE OF SSLGenie's obligations. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES OR GUARANTEES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY.
   
   NO PARTY SHALL BE LIABLE TO ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF SUCH OTHER PERSON HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION OF LIABILITY IN THIS Subscriber Agreement MAY NOT APPLY TO YOU.
7. Certificate Expiry.
   
   The validity period for a Test Certificate is set forth in the table below. SSLGenie shall be entitled to revoke a Test Certificate and terminate its obligations to a Subscriber under this Subscriber Agreement within its sole discretion at any time, with or without cause.
   
   Type of Test Certificate Validity Period.
   Test Server Certificates 30 days from the date of certificate issuance.
   TestDrive S/MIME and VPN certificates Configurable by an administrator up to a maximum of 2 months from the date of certificate issuance.
   Pilot Server Certificates 1 year from the date of certificate issuance unless otherwise agreed with the Pilot account Subscriber.
   Pilot Client Certificates Configurable by an administrator up to a maximum of 1 year from the date of certificate issuance unless otherwise agreed with the Pilot account Subscriber.
8. After Expiry or Revocation.
   
   Upon expiry or revocation for any reason, a Subscriber's Test Certificate and all components thereof shall not be used or relied upon for any reason. Such expiry or revocation shall not affect Sections 4, 5, 6, 8 and 9 of this Subscriber Agreement and all subsections of the foregoing, which shall continue in full force and effect to the extent necessary to permit the complete fulfilment thereof. Users shall delete the Test CACertificate from their browsers upon completion of testing.
9. Miscellaneous Provisions.
• Governing Laws.
  
  
Indian law shall govern the validity of this Subscriber Agreement, the construction of its terms, and the interpretation and enforcement of the rights and duties of the Parties hereto.
• Successors and Assigns.
  
  
Except as otherwise provided herein, this Subscriber Agreement shall be binding upon, and inure to the benefit of, the respective successors, executors, heirs, representatives, administrators and assigns of the Parties. Neither this Subscriber Agreement nor Subscriber's Test Certificate shall be assignable by Subscriber. Any such attempted assignment or delegation shall be void and of no effect.
• Severability.
  
  
If any provision of this Subscriber Agreement, or the application thereof, shall for any reason and to any extent be invalid or unenforceable, the remainder of this Subscriber Agreement and application of such provision to other persons or circumstances shall not be affected thereby and shall be interpreted so as best to reasonably effect the intent of the Parties. IT IS EXPRESSLY UNDERSTOOD THAT EACH AND EVERY PROVISION OF THIS Subscriber Agreement WHICH PROVIDES FOR ANY LIMITATION, DISCLAIMER OR EXCLUSION OF LIABILITY, WARRANTIES OR DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
• Entire Agreement.
  
  
This Subscriber Agreement constitutes the entire understanding and agreement of the Parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements or understandings among the Parties.
• Notices.
  
  
Whenever Subscriber or User desires or is required to give any notice, demand or request to SSLGenie with respect to this Subscriber Agreement, each such communication shall be in writing and shall be effective only if it is delivered by a courier service which confirms delivery in writing or is posted, certified or registered mail, postage prepaid, return receipt requested, addressed to the 'Contact' address listed on the Web site from which you purchased your Test Certificate, with a copy to: MindGenies, C-22/28, Sector 57, Noida - 201301, UP, India.

Such communications shall be effective when they are received.
• Trademarks and Trade Names.
  
  
By reason of this Subscriber Agreement or the performance hereof, Subscriber and SSLGenie shall acquire no rights of any kind in any trademark, brand name, logo or product designation of the other Party and shall not make any use of the same for any reason except as otherwise authorised in writing by the Party which owns all rights to such trademarks, trade names, logos or product designation.

            SSLGenie Test Certification Authority Certification Practice Statement as of 20 August 2007.