40 Laws of Malaysia ACT 562 (c) shall not be liable for— (i) punitive or exemplary damages; or (ii) damages for pain or suffering. PART V EFFECT OF DIGITAL SIGNATURE Satisfaction of signature requirements 62. (1) Where a rule of law requires a signature or provides for certain consequences in the absence of a signature, that rule shall be satisfied by a digital signature where— (a) that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority; (b) that digital signature was affixed by the signer with the intention of signing the message; and (c) the recipient has no knowledge or notice that the signer— (i) has breached a duty as a subscriber; or (ii) does not rightfully hold the private key used to affix the digital signature. (2) Notwithstanding any written law to the contrary— (a) a document signed with a digital signature in accordance with this Act shall be as legally binding as a document signed with a handwritten signature, an affixed thumbprint or any other mark; and (b) a digital signature created in accordance with this Act shall be deemed to be a legally binding signature. (3) Nothing in this Act shall preclude any symbol from being valid as a signature under any other applicable law. Unreliable digital signatures 63. (1) Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on the digital signature is not reasonable under the circumstances.

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