KYRIO™ TEST DIGITAL CERTIFICATE USAGE AGREEMENT

 

THE USE OF KYRIO TEST DIGITAL CERTIFICATES (“TEST CERTS”) IS GOVERNED BY THE FOLLOWING AGREEMENT. YOUR USE OF THE TEST CERTS SERVES AS AGREEMENT TO THESE AGREEMENT TERMS. THE USE OF “YOU” OR “YOUR” APPLIES TO BOTH THE INDIVIDUAL USER AND ANY ENTITY THAT IS USING THE TEST CERTS.

 

1.      Kyrio makes no representation or warranty, express or implied, with respect to the completeness, accuracy, utility or non-infringement of Test Certs or any related documentation.

 

2.      WARRANTY: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE TEST CERTS ARE PROVIDED “AS IS.” KYRIO DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND REPRESENTATIONS INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. KYRIO IS NOT RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES MADE IN THE OPERATING CHARACTERISTICS OF THE COMPUTER HARDWARE OR OPERATING SYSTEMS CAUSED BY THE INSTALLATION OR INTERACTION OF YOUR COMPUTER OR OTHER EQUIPMENT WITH THE TEST CERTS.

 

KYRIO DOES NOT WARRANT THAT THE TEST CERTS WILL OPERATE FREE FROM ERROR.

 

USE OF THE TEST CERTS IS SOLELY AT YOUR OWN RISK

3.       LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW: The Test Certs are provided without cost and may contain defects or deficiencies that Kyrio will not or cannot correct. Kyrio is under no obligation to correct any defects in the Test Certs. You agree to hold Kyrio harmless for any claims arising from or related to the use of the Test Certs.

 

4.       DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW: In no event shall Kyrio be liable for any damages, including, but not limited to, direct, indirect, incidental or consequential damages arising out of or in connection with the use of the Test Certs or the information contained therein, or any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with this Agreement or the Test Certs, whether in a contract or tort action, including negligence, even if Kyrio has been advised of the possibility of such damages.

 

5.       TERM: This license shall be valid until terminated. You may terminate it by destroying the Test Certs. This Agreement will also terminate if you fail to comply with any term or condition of this Agreement. You agree, upon such termination, to or destroy, all of the Test Certs and documentation. Kyrio may terminate this license in the event of your material breach of its terms and conditions.

 

6.       MISCELLANEOUS: The laws of the State of Colorado shall govern this Agreement. Any dispute that cannot be resolved by the parties hereto shall be resolved by binding arbitration in Denver, Colorado by a sole arbitrator, under the Commercial Arbitration Rules of the American Arbitration Association. The language of the arbitration and the official language of this Agreement is English. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette et tous autres documents envisagés par les présentes soient rédigés in anglais. You waive any right you may have under the laws of your country to have this Agreement written in any other language. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement may not be assigned. You agree that this is the exclusive statement of the Agreement and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this Agreement. Any changes to this Agreement must be in a mutually signed writing. Any waiver of any term or condition of this Agreement shall not be deemed a waiver of any other term or condition. Any term or condition that a judicial or adjudicative body determines to be legally invalid shall be interpreted so as to give effect to the meaning and intent of said term.

 

If you have any questions concerning this Agreement you may contact Kyrio through its website: www.kyrio.com.