Certicate Policy/Certication Practices Statement for Public Trust Store PKI Services
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9.7. Disclaimers of Warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 9.6.1, ALL CERTIFICATES AND ANY RELATED
SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT
PERMITTED BY LAW, DIGICERT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. DIGICERT DOES NOT WARRANT THAT ANY SERVICE OR PRODUCT WILL MEET
ANY EXPECTATIONS OR THAT ACCESS TO CERTIFICATES WILL BE TIMELY OR ERROR-FREE.
DigiCert does not guarantee the availability of any products or services and may modify or
discontinue any product or service oering at any time.
9.8. Limitations of Liability
NOTHING HEREIN LIMITS LIABILITY RELATED TO (I) DEATH OR PERSONAL INJURY RESULTING
FROM DIGICERT’S NEGLIGENCE OR (II) FRAUD COMMITTED BY DIGICERT. EXCEPT AS STATED
ABOVE, ANY ENTITY USING A DIGICERT CERTIFICATE OR SERVICE WAIVES ALL LIABILITY OF
DIGICERT RELATED TO SUCH USE, PROVIDED THAT DIGICERT HAS MATERIALLY COMPLIED WITH
THIS CP/CPS IN PROVIDING THE CERTIFICATE OR SERVICE. DIGICERT’S LIABILITY FOR
CERTIFICATES AND SERVICES THAT DO NOT MATERIALLY COMPLY WITH THIS CP/CPS IS LIMITED
AS SET FORTH IN THE NETSURE EXTENDED WARRANTY PROTECTION PLAN AND THE DIGICERT
RELYING PARTY AGREEMENT.
All liability is limited to actual and legally provable damages. DigiCert is not liable for:
1. Any indirect, consequential, special, or punitive damages or any loss of prot, revenue,
data, or opportunity, even if DigiCert is aware of the possibility of such damages;
2. Liability related to fraud or willful misconduct of the Applicant;
3. Liability related to use of a Certicate that exceeds the limitations on use, value, or
transactions as stated either in the Certicate or this CP/CPS;
4. Liability related to the security, usability, or integrity of products not supplied by DigiCert,
including the subscriber’s and Relying Party’s hardware; or
5. Liability related to the compromise of a subscriber’s Private Key.
The limitations in this section apply to the maximum extent permitted by law and apply regardless
of (i) the reason for or nature of the liability, including tort claims, (ii) the number of claims of
liability, (iii) the extent or nature of the damages, (iv) whether DigiCert failed to follow any provision
of this CP/CPS, or (v) whether any provision of this CP/CPS was proven ineective. The disclaimers
and limitations on liabilities in this CP/CPS are fundamental terms to the use of DigiCert’s
Certicates and services.
To the extent DigiCert has issued and managed the certicate(s) at issue in compliance with this
CP/CPS , DigiCert shall have no liability to the subscriber, any Relying Party, or any other third
parties for any damages or losses suered as a result of the use or reliance on such certicate(s).
To the extent permitted by applicable law, Subscriber Agreements and Relying Party Agreements
shall limit DigiCert’s and the applicable Ailiates’ liability outside the context of any extended