This Agreement is between you (“Subscriber”) and QNAP Systems, Inc. (“QNAP”), a Taiwanese company. The Agreement governs your application for and use of a Device Certificate provided by QNAP. You and QNAP agree as follows:

  1. Definitions
    1. “Digital Certificate” or “SSL Certificate” or “Certificate” is a collection of electronic data consisting of a Public Key, identifying information about the owner of the Public Key, and validity information, which has been digitally signed by a Certification Authority.
    2. "Certification Authority" or "CA" means an entity authorized to issue, suspend, or revoke Certificates. For QNAP Device Certificates, the CA is TAIWAN-CA Inc. (“TWCA”).
    3. “Key Pairs” consist of a Private Key and a Public Key. A “Private Key” means the key that is used to create digital signatures and/or decrypt data that is encrypted with the corresponding Public Key. A “Public Key” means your publically disclosed key that is contained in your Certificate and corresponds to the Private Key that you use.
    4. “License” grants a Subscriber the revocable, non-exclusive, non-transferable rights to use a Certificate for a Subscriber’s QNAP Device under this Agreement. All rights granted by QNAP for a License are conditioned upon (i) Subscriber’s compliance with the terms of this Agreement and (ii) QNAP receipt of full payment of the amount identified on the QNAP website.
    5. “QNAP Device” is a hardware product manufactured by QNAP and sold under the QNAP brand name. A QNAP Device provides web services, and a Certificate is issued to a QNAP Device for facilitating the device authentication and data encryption for web services.
    6. "Subscriber" means a person, organization, or entity who is the owner of or has the right to a QNAP 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. If you are using the Certificates on behalf of an organization, you are agreeing to this Agreement for that organization and promising that you have the authority to bind that organization to this Agreement.
  2. Issuance
    1. Subscriber should purchase a License from a QNAP authorized website and pay all fees before applying for a new or renewed Certificate.
    2. Subscriber should follow the instructions provided by QNAP to generate a Key Pair and associated Certificate Signing Request (CSR) on a QNAP Device, which will transmit necessary information to QNAP servers for authentication and verification. Subscriber acknowledges and agrees that the Certificate’s request information and the hardware identification information, including but not limited to NAS model name, myQNAPcloud name, serial number, and MAC address of Subscriber’s QNAP Devices will be forwarded to TWCA for generating the Certificate for Subscriber’s QNAP Devices.
    3. TWCA will issue Subscriber’s requested Certificate after finishing all necessary validation and verification procedures. The Certificate will be transferred to and installed on Subscriber’s QNAP Device that begins the Certificate request procedure through QNAP servers.
    4. Both QNAP and TWCA retain the right to reject Subscriber’s Certificate request at any time without notice and explanation.
    5. Subscribers should follow instructions provided by QNAP to install the Certificate issued by TWCA and enable the SSL protocol.
  3. Use and Restrictions
    1. Certificate can be installed and used only for the QNAP Device that initiates the Certificate request procedure. Subscriber agrees not to (i) install the Certificate on a server or device that is not a QNAP Device; (ii) install the Certificate on a QNAP Device that does not initiate the Certificate request procedure; (iii) export the Certificate from a QNAP Device.
    2. Certificate is not for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage.
    3. Subscriber should not use the Certificate for illegal or fraudulent purposes.
    4. Subscriber should obey the Certificate Practice Statement (“CPS”). The CPS is published on TWCA’s website and updated aperiodically by TWCA.
    5. Subscriber should inform QNAP within 24 hours if confidential information related to the Certificate has been disclosed or compromised. QNAP will forward the request to TWCA, and TWCA will revoke the associated Certificate.
  4. Subscriber’s Obligations
    1. Subscriber should provide accurate and complete information at all times to QNAP and as otherwise requested by QNAP in connection with the issuance of Certificates.
    2. Subscriber undertakes to take all reasonable measures necessary to maintain control of, keep confidential, and properly protect at all times the Private Key that corresponds to the Public Key to be included in Certificate.
    3. Subscriber may not modify, sub-license, reverse engineer, or create derivative work of the software and service for QNAP Certificate issuance and installation.
  5. Expiration and Revocation
    1. The validity of Certificate starts from issuance with the specified year(s) applied by QNAP based on Subscriber’s purchased License.
    2. Besides regulations listed in CPS, QNAP or TWCA retains the right to revoke Subscriber’s Certificate at any time without notice if QNAP or TWCA believes: (i) information in the Certificate is inaccurate or misleading, (ii) Subscriber breaches myQNAPcloud terms of service, (iii) Subscriber breaches this Agreement, or (iv) Subscriber’s Private Key has been compromised.
    3. Subscriber should permanently remove his/her own certificate from QNAP Device if the Certificate is expired or revoked by TWCA.
  6. Refund Policy

    Licenses sold by QNAP are sold as is without any guarantee or warranty. There will be no refunds for any reason if the certificate meets the defined specification. If the certificate does not work as intended, Subscribers may request to cancel the license and refund fees within fourteen (14) days of the purchase date, provided that the issued certificate has been uninstalled from the Subscriber's device.

  7. Transfers and Assignments

    You may not transfer or assign your license rights to any other person in any manner (by assignment, operation of law or otherwise) unless you have obtained written consent from QNAP. If you attempt to transfer or assign any of your license rights without QNAP’s consent, the transfer or assignment will be ineffective, null, and void (and you will be in material breach of this agreement).

  8. Term and Termination

    This Agreement is effective upon your acceptance and lasts until the earlier of (i) the expiration date of all Certificates issued under this Agreement, or (ii) the termination of this agreement by a party as allowed herein. All rights and licenses granted to Subscriber terminate immediately upon termination of this Agreement.

  9. Disclaimers and Limitation of Liability

    QNAP assumes no responsibility for indemnifying any damages, if any, arising from or in connection with the processing of registration data and certificate issuance of subscribers; except for failure to follow CPS or violation of relevant laws and regulations or intention or negligence attributed to QNAP. If the damage can be redeemed by certificate service QNAP will perform it first. If not, the maximum liability amount during the certificate validity is not greater than the liability amount limit defined in CPS for device certificates.

  10. Indemnity

    You agree to indemnify, defend and hold harmless QNAP, its directors, shareholders, officers, agents, employees, successors and assigns from any and all third party, suits, proceedings, judgments, damages, and costs (including reasonable attorney's fees and expenses) arising from (i) the breach of any of Subscriber’s warranties, representations and obligations under this Agreement, (ii) any infringement of an Intellectual Property Right of any person or entity in information or content provided by you, or (iii) failure to protect the Private Key, or to take the precautions necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of the Private Key under the terms of this Agreement. QNAP shall promptly notify Subscriber of any such claim, and Subscriber shall bear full responsibility for the defense of such claim (including any settlements); provided however, that (a) Subscriber keep Company informed of, and consult with QNAP in connection with the progress of such litigation or settlement; (b) Subscriber shall not have any rights, without QNAP’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, suit 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 QNAP, or requires any specific performance or non-pecuniary remedy by QNAP; and (c) QNAP shall have the right to participate in the defense of a claim with counsel of its choice at its own expense.

  11. Miscellaneous
    1. Subscriber acknowledges and agrees that the use of Certificates is also governed by myQNAPcloud Terms of Service and Privacy Policy.
    2. QNAP may modify this Agreement from time to time. Subscriber should look at this Agreement regularly. QNAP will post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for this Agreement, you should discontinue your use of Certificates.
    3. Any disputes arising out of or relating to this Agreement shall be governed by the laws of the Republic of China and shall be subject to the jurisdiction of the District Court of Taipei, Taiwan, R.O.C.
    4. If Subscriber does not comply with these terms, and QNAP doesn’t take action right away, this does not mean that QNAP is giving up any rights that QNAP may have (such as taking action in the future).