Notice
Applicant/ User to COMTRUST User Certificate Class 1 shall read this User Certificate Class 1 Subscriber Agreement ("Subscriber Agreement") before applying for, or using a Class 1 Certificate. A person, who does not agree to the terms of this Subscriber Agreement, shall not apply for or use COMTRUST Class 1 Certificate.
1. Effective Date & Comtrust CPS
1.1 This User Certificate Class 1 Subscriber Agreement (Subscriber Agreement) shall become effective on the date a person submits an application to COMTRUST (herein referred to as Applicant) which is also the Certification Authority (“CA”).
1.2 Applicant will be considered as requesting the CA to issue a Digital certificate (“User Certificate ”) and expresses his knowledge and agreement to the terms of this Subscriber Agreement and Comtrust CPS whenever he submits an application for User Certificate or using Class 1 User Certificate, whichever occurs first.
1.3 COMTRUST's Certification Services are governed by COMTRUST's Certification Practice Statement (the "CPS") as amended from time to time, which forms an integral part of this Subscriber Agreement. The CPS is published in COMTRUST's repository at
http://www.comtrust.co.ae/ Repository/cps.htm
2. Obligations of Applicant
2.1 Applicant agrees to use the User Certificate and any related CA services in accordance with
Comtrust CPS.
2.2 Applicant is forbidden from using Class 1 User Certificate for or on behalf of any other individual other than the one submitted by him during application process.
3. Revocation of Certificate
3.1 Applicant shall immediately notify COMTRUST to revoke Class 1 User Certificate, if the Applicant registration details are changed,
3.2 COMTRUST shall have the right to revoke Class 1 User Certificate if the Applicant fails to perform any of his material obligations under the terms and conditions of COMTRUST CPS.
3.3 Upon expiration or notice of revocation of the Applicant Class 1 User Certificate, the Applicant shall permanently remove his Class 1 User Certificate from the machine on which it is installed and shall abandon its use for any purpose whatsoever.
4. Disclaimer
Except as expressly provided in COMTRUST CPS, COMTRUST disclaims all other warranties, including warranties of merchantability or fitness for any particular purpose.
5. Limitation of liability
5.1 Subject to Section 2.2 of Comtrust CPS, in no event shall the aggregate liability of Comtrust under this Agreement exceed the amounts sum of Dhs 200/-.
5.2 Notwithstanding Sub-clause 5.1 above, in no event shall Comtrust be liable for any indirect, special, incidental and consequential damages, or for any loss of profit, loss of data or other indirect, consequential or punitive damages arising from or in connection with use, delivery, license, performance, non performance or unavailability of certificates or digital signatures
5.3 Comtrust shall not be liable for any damages caused, if digital certificate or private key is used for purposes that are not consistent with certificate usage as defined in CPS. Comtrust shall in no event be liable for any damages suffered by a relying party, if that party has not acted in a manner consistent with
Section 2.1.4 of CPS.
6. Severability
If any of the responsibilities of Applicant stated hereabove or any of the terms of this Agreement, is for any reason and to any extent become invalid or unenforceable, the reminder of these responsibilities or terms shall not be affected by such invalidity or unenforceability and shall be interpreted in a manner that reasonably carry out the intent of parties involved.
7. Warning of Theft or Forgery
Applicant is hereby notified of the possibility of theft or other form of compromise of private key corresponding to a public key contained in a digital certificate, which may or may not be detected and the possibility of use of a stolen or compromised key to forge a digital signature to a document. The possession and safeguard of private key from theft and compromise is sole responsibility of the certificate owner.
8. Force Majeure
Any delay or failure in performance by
Comtrust under this Agreement shall not be considered a breach if and to the extend caused by events beyond the reasonable control of
Comtrust, including but not limited to, acts of God, governmental restrictions, strikes or war.
9. Governing Law & Jurisdiction
This Agreement, and the interpretation thereof, shall be governed by the laws of the United Arab Emirates and Applicant hereby agrees to submit to the exclusive jurisdiction of United Arab Emirates courts.
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