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END USER LICENSE AND SUBSCRIBER AGREEMENT
Comodo Security Suite
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING THE TERMS AND CONDITIONS.
IMPORTANT - PLEASE READ THESE TERMS CAREFULLY BEFORE
DOWNLOADING, INSTALLING, OR USING COMODO`S SECURITY
SOFTWARE, INCLUDING ENDPOINT SECURITY MANAGER, HOPSURF OR THE
COMODO SECURITY SUITE SERVICES, INCLUDING LIVEPCSUPPORT (THE
"SERVICES"). BY DOWNLOADING, INSTALLING OR USING THE
SOFTWARE AND/OR SERVICES, OR BY CLICKING ON "I ACCEPT",
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF
YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT DOWNLOAD OR USE
THE SOFTWARE, OR CLICK ON "I ACCEPT".
This end user license and subscriber agreement (the "Agreement") is a legal contract between you ("you" or "Subscriber"), as either an individual or as a business entity, and Comodo Security Solutions, Inc. ("Comodo"), which has its principal place of business at 525 Washington Blvd., Suite 1400, Jersey City, New Jersey 07310. You agree that any failure to abide by the terms and conditions herein shall void any and all obligations of Comodo hereunder.
1. License
1.1. Grant of License. Comodo grants you a limited, non-exclusive, non-transferable, and revocable license to download, install, back-up, and use Comodo Endpoint Security Manager, HopSurf, and Comodo Internet Security, including any documentation and files accompanying the Software.
1.2. Limitations. You may not publish, display, disclose, rent, lease, sell, resell, modify, loan, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, vary, alter, change, modify, or disassemble the Software or attempt to create the source code from the object code of the Software. You may not reproduce, resell or exploit the Software for commercial purposes without Comodo`s express written permission. Use of the Software within your commercial enterprise for internal purposes is expressly allowed. All rights not expressly granted herein are reserved to Comodo.
1.3. Evaluation and Beta Software and/or Services. If this Agreement pertains to a beta or evaluation license, then the licenses granted under this Agreement will terminate upon the expiration or cancellation of the evaluation period. You agree to use the Software and any Services only for the duration of the evaluation period and only for evaluation or testing purposes.
1.4. Restrictions. The licenses granted herein are only valid if:
(i) the Software is NOT modified in any manner;
(ii) all copyright and proprietary notices or labels in the Software are maintained in their original format;
(iii) the Software is only installed and used in accordance with your network security policies,
(iv) you posses the necessary authority and power to install the Software,
(v) you promptly pay all license fees when due,
(vi) this Agreement is accepted without modification, and
(vii) you have not breached the terms of this Agreement.
1.5. Updates. For purposes of this Agreement, "Software" includes all updates, enhancements, modifications, revisions, or additions made by Comodo to the included software ("Updates"). The licenses and obligations provided herein shall extent to all Updates. Any Updates are made in Comodo`s sole discretion, and Comodo is not obligated to provide Updates to you under any circumstances. Some Software uses Internet-based updating services. In this case, Comodo may automatically check the version of the Software being used and may provide Updates automatically through the updating service.
1.6. Registration. The Software and Services requires registration or activation to be used properly. You agree to provide accurate and complete information on all registration forms. Failure to complete the registration or activation may limit your ability to use the Services and/or Software or may disable the Software and/or Services from functioning. When registering or activating Services, you may be required to select a username and password. Maintaining the confidentiality of this password and username is your responsibility. Comodo is not responsible for any loss or damage arising from unauthorized access to your account or your failure to comply with this section. You are fully responsible for any activities that occur under your username even if unauthorized. You must notify Comodo immediately of any unauthorized use of your account.
1.7. Limited License. The licenses granted herein are only for the number of computers for which you paid for the Services or Software. Multiple computers may be secured through a separate license for each computer, which may require a fee. You must have a license for each computer that accesses or use the Services or Software.
2. Specific Licenses.
2.1. Comodo Internet Security Software. Comodo Internet Security (CIS) may be used royalty-free for both commercial and personal use. CIS includes the Comodo Firewall and Antivirus products. No technical or customer support is provided for CIS. Installation of CIS may include installation of Endpoint Security Manager (ESM) and the Services. However, such Services and ESM may not be active until paid for by you.
2.2. End Point Security Software.
(i) ESM may be used to manage security settings on up to five (5) networked devices. Additional networked devices may be secured through ESM upon payment to Comodo of an additional fee.
(ii) Commercial users receive free chat-based and telephone-based technical support services for ESM. Chat support shall be provided 24x7. Telephone support shall be from 9 AM to 5 PM EST during business days. 24x7 telephone support is available for an additional fee. Comodo does not guarantee or warrant that technical support will be able to solve any problem and may refuse to provide the support services to anyone that Comodo, in its sole discretion, determines to be an excessive or abusive support user.
3. Ownership
3.1. No Ownership Rights. The Software is and Services are being licensed, not sold, and Comodo expressly reserves and maintains at all times all ownership rights in and to all Software and Services, including any intellectual property rights therein. This Agreement only grants a limited license to use the Software and/or Services until this Agreement is terminated.
3.2. Copyright. The Software contains material that is protected by United States and foreign intellectual property laws, including copyright, trade secret, and patent law. All rights not granted to you herein are expressly reserved by Comodo. You may not remove any copyright or other proprietary notice of Comodo from any copy of the Software.
3.3. Content. Content, including data, links, articles, search results, graphic or video messages and all information, text, software, music, photos, images, sound, graphics or other materials, made available or accessible through Software or Services is the sole responsibility of the person or entity from whom it originated and is the property of the applicable owner. This Agreement gives you no rights to such content. You accept all responsibility for such security risks and any damage resulting from any content viewed or accessed through the Software or Services.
3.4. Links. Some Software may provide links to other third party resources, including third party web pages. Comodo is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials from such sites or resources. Comodo is not responsible for any damage or loss caused by your use or reliance on any of the content, goods or services, or information available through third party sources regardless of how presented.
3.5. Submissions. Any communications set to Comodo shall be the property of Comodo or its affiliates. Unless stated otherwise herein, submissions shall not be considered confidential, and Comodo shall not be liable for any use or disclosure of a submission. Except as noted herein, Comodo shall be entitled to unrestricted use of any submissions for any purpose whatsoever without compensation to the provider of the submission.
4. Payment
4.1. Fees. CIS and HopSurf may be used without payment to Comodo. All other Software and Services may require a fee to use. This fee shall be set forth on the Comodo website, which may be modified by Comodo in its sole discretion. Continued use of the Software and/or Services or your failure to terminate this Agreement after a fee change is posted to the website constitutes your acceptance of the prices as modified.
4.2. Method of Payment. All fees must be paid in advance. The credit card provided to Comodo to pay for the Services shall be automatically charged for the Software and Services upon renewal. Notwithstanding the foregoing, you remain solely responsible for any renewal payment. In the event that payment is not made, the Software and Services may become unavailable to you and Comodo may terminate this Agreement without notice to you.
4.3. Rejected Charges. If any charges are rejected by your credit card issuer then Comodo may deactivate your account until payment is successfully received. Comodo may deactivate any account that has a disputed charge until Comodo, in its sole discretion, determines the dispute resolved.
4.4. Billing Issues. You must provide Comodo notice of any billing problems or disputes within sixty (60) days after they first appear on the statement you receive from your bank, credit card company, or other billing company. Failure to notify Comodo of the problem within the sixty (60) day period will result in your acceptance of the charges and you waive the right to dispute such problems or discrepancies. Failure to use your account will not be deemed a basis for refusing to pay any charges. Comodo does not provide any refunds for any unused Software or Services.
5. Restrictions
5.1. Lawful Use. The Software and Services are solely for lawful purposes and use. You are responsible for ensuring that your use of the Software and/or Services is in accordance with this Agreement and any applicable laws, statutes, ordinances, regulations, rules and other government authority.
5.2. Compliance. You agree (1) not to interfere or disrupt networks connected to Comodo`s services; (2) to comply with all regulations, policies and procedures of networks connected to the services; (3) not to use the services to infringe any third party`s copyright, patent, trademark, trade secret or other proprietary rights or any third party`s rights of publicity or privacy; (4) not to post, distribute, or otherwise make available or transmit any computer file that contains a virus, Trojan, adware, or other malware, (5) not to attempt to gain unauthorized access to other computer systems; and (6) not to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
5.3. Export. You represent and warranty that you are not located in and will not modify, export or re-export, either directly or indirectly, the Software to any country or entity under United States restrictions or to any country or entity subject to applicable trade sanctions. The United States restricted country and persons list is subject to change without notice from Comodo, and you must comply with the list as it exists in fact. COMODO SHALL NOT BE LIABLE FOR YOUR VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS, WHETHER UNDER UNITED STATES LAW OR FOREIGN LAW.
6. Disclaimer of Warranties
6.1. Technical Support. Except as otherwise provided herein, Comodo is under no obligation to provide technical or customer support for the Software or Services. You are solely responsible for properly installing and using the Software and Services and for the procurement of any hardware or services required to use the Software and Services, including any computers, servers, or Internet access.
6.2. Risk. THE SOFTWARE AND SERVICES ARE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". ANY USE OF THE SOFTWARE OR SERVICES IS AT YOUR OWN RISK. THE SOFWARE AND SERVICES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. COMODO DOES NOT WARRANT THE PERFORMANCE OF THE SOFTWARE, THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL OPERATE IN ACCORDANCE WITH ANY ACCOMPANYING DOCUMENTATION.
6.3. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMODO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMODO DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR NEEDS. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICES.
6.4. Limitation. Some jurisdictions do not allow or limit the exclusion of warranties. In such jurisdiction, these provisions shall apply to you to the maximum extent allowed by law.
7. Limitation of Liability
7.1. Limitation on Liability. YOU AGREE TO WAIVE AND HOLD HARLMESS COMODO AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS FROM ANY AND ALL DAMAGES, CLAIMS, OR LOSSES (INCLUDING ANY APPLICABLE ATTORNEY FEES OR RELATED COSTS) RESULTING FROM OR CONNECTED TO THIS AGREEMENT, REGARDLESS OF THE NATURE OR TYPE OF THE CLAIM, DAMAGE, OR LOSS. FURTHERMORE, YOU WAIVE AND RELEASE COMODO FROM ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MIGHT OCCUR UNDER THE AGREEMENT OR THROUGH THE USE OF THE SOFTWARE OR SERVICES. THIS WAIVER AND RELEASE INCLUDES ANY DAMAGES FOR LOST PROFITS, REVENUE, USE, OR DATA AND SHALL APPLY EVEN IF COMODO IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. The limitations herein shall apply to the maximum extent permissible by law, regardless of the reason for the liability, regardless of the extent or nature of the damages, and regardless of whether any other provisions of this Agreement have been breached or proven ineffective.
7.2. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE SOFTWARE OR SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL.
7.3. Limitations on Remedy. Except for actions and claims related to a party`s indemnification obligations, all actions or claims relating to this Agreement must be brought within one (1) year from the date when the cause of action occurred.
8. Termination.
8.1. Term. This Agreement is effective until terminated by you or by Comodo. The Services may only be used during the period for which you have paid for a subscription, which is generally a one-year term. The subscription may be renewed by paying an additional license fee as set forth on the Comodo website. This renewal fee may be charged automatically to the credit card used to initially pay for the Services.
8.2. Termination by You. For Software, you may terminate this Agreement at any time by removing all copies of the Software in your possession or under your control. Services may be terminated by removing all copies of any related software and notifying Comodo of your intent to terminate this Agreement. Notification of termination must be sent by email to support@comodo.com. Your termination will be effective upon Comodo`s receipt and processing of the email. Processing may take up to 24 hours.
8.3. Termination by Comodo. Comodo may terminate this Agreement at any time and for any reason. Comodo may monitor its systems for excessive consumption of network resources and may take technical or other remedies deemed necessary to prevent or eliminate any excessive consumption. If Comodo deems your use to be excessive, Comodo may terminate your account or adjust the price of the Software and/or Services.
8.4. Events Upon Termination. Upon termination, you must immediately cease using the Software and Services and delete all copies of the Software found on your computer and any backup copies made. Upon termination, Comodo may disable further use of the Software or Services without further notice and may delete, remove, and erase any account information, any backup data stored by Comodo, and any other information stored or collected by Comodo. Such deletions are in Comodo`s sole discretion and may occur without notice to you. No refunds shall be given for any reason.
9. Indemnity
9.1. You agree to release, indemnify, defend and hold harmless Comodo and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney`s fees and expenses, of third parties relating to or arising out of
(a) your use or misuse of the Software and/or Services, (b) your breach of this Agreement, or (c) your infringement upon any intellectual property or other proprietary right of any person or entity. Comodo may, at its own expense, assume the defense and control of any matter otherwise subject to indemnification by you. Doing so shall not excuse your indemnity obligations in this Agreement. The terms of this paragraph will survive any termination or cancellation of the Agreement.
10. Privacy.
10.1. Privacy Policy. The use of personal information by Comodo is governed by the Comodo privacy policy which is available at http://www.comodo.com/repository/css_privacy_agreement.html. Please periodically review this website, as Comodo may revise the Privacy Policy at any time. Comodo may occasionally send you communications regarding your account or the Services.
10.2. Data Collection. Comodo may collect certain non-personally identifiable information about your use of the Services, including, without limitation, statistics relating to the use of the Services, performance metrics relating to the Services, and configuration settings. This information collected will be sent to Comodo and may be used by Comodo without restriction. Comodo may also collect information about the use of the Services to ensure compliance with this Agreement.
10.3. Other Information. The Software and Services may require some information that may be considered personally identifiable, including your preferences, your email address, your likes and interests, etc. This information is used by the Software to customize which pages are shown to you. This information is stored on the Comodo servers. You are not required to provide any of this information to use the Software, however, failure to provide such information may limit your ability to use the Software as intended.
10.4. Disclosure. Comodo will disclose information where required by a subpoena, interception order or other lawful process. Comodo may also disclose information when it believes that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect Comodo`s rights under this Agreement.
10.5. Opt-Out. Comodo occasionally sends out informational emails about its products and services. You may `opt-out` of receiving information not directly related to the Software you have installed or are using by emailing optout@comodo.com. If you do not opt out then your acceptance of this Agreement will constitute your affirmative consent to receiving marketing and promotional material from Comodo and its affiliates. .
For "2.3/2.5/2.6 HopSurf/DNS Services/livePCsupport Services" and "11. Miscellanous" please refer to http://www.comodo.com/repository/eula/EULA-security-suite.pdf.