CWATCH WEB SECURITY
END USER LICENSE AND SUBSCRIBER AGREEMENT
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 APPLYING FOR,
ACCEPTING, OR USING THE SERVICES. BY USING, APPLYING FOR, OR ACCEPTING THE
ACCOUNT OR SERVICES OR BY CLICKING ON “I ACCEPT” BELOW, 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 THESE TERMS, DO NOT
CLICK “I ACCEPT” AND DO NOT APPLY FOR, ACCEPT, OR USE THE SERVICES.
This End User License and Subscriber Agreement (this “Agreement”) constitutes the final binding
agreement between the company that you represent (“Subscriber”) and Comodo Security Solutions, Inc.,
with its principal place of business at 1255 Broad Street, Suite 100, Clifton, New Jersey 07013, United
States (“Comodo”).
In exchange for Subscriber’s use of the Services, Subscriber agrees as follows:
1.General.
1.1. License. Subject to the terms herein, Comodo grants Subscriber a limited, non-exclusive,
non-transferable, revocable license to use CWatch Web Security, including the
accompanying software, services, documentation, and other information and files (the
“Services”), provided that Subscriber agrees to the unmodified terms and conditions of this
Agreement. Any rights in the Services not expressly granted in this Agreement are reserved
by Comodo.
1.2. Restrictions. The licenses granted herein are only valid if:
(i) the Services are NOT modified in any manner;
(ii) the Services are only installed and used in accordance with Subscriber’s network
security policies,
(iii)Subscriber possesses the necessary authority and power to install and use the Services,
(iv) Subscriber promptly pays all license fees when due, and
(v) this Agreement is accepted without modification and has not been breached.
1.3. Registration. When registering for the Services, Subscriber must provide accurate
information and must update the registration information if it changes. Comodo may limit
the Services if Subscriber fails to complete a required registration process. Subscriber may
also be required to select a username and password. Maintaining the confidentiality of this
password and username is Subscriber’s responsibility. Subscriber must notify Comodo
immediately of any unauthorized use of Subscriber’s account. Any information that is
untrue, inaccurate, or incomplete may result in the immediate termination of this Agreement
in Comodo’s discretion.
1.4. Trial, Evaluation, and Beta. If this Agreement pertains to a trial, beta, or evaluation license,
the licenses granted herein will terminate upon the expiration or cancellation of the trial or
evaluation period or when the Services are no longer available. Subscriber may use the
Services only for the duration of the trial or evaluation period. All such licenses are limited to
one per customer per promotion or beta test.
cWatch Web Security EULA (20160202)1.5. Updates. Comodo is not obligated to provide updates to the Services. If an update is
provided and the update is not accompanied by an additional agreement, this Agreement
applies to Subscriber’s use of the update.
2.Limitations.
2.1. Compliance with Laws. Subscriber must comply with all rules, regulations, and laws
applicable to Subscriber when using the Services, including laws applicable to data
collection, privacy, and export control. Subscriber shall not use the Services to (1) engage in
conduct that is offensive, abusive, contrary to public morality, indecent, defamatory, obscene,
or menacing; (2) cause Comodo or a third party distress, annoyance, denial of any service,
disruption, or inconvenience; or (3) send or receive unsolicited bulk correspondence.
2.2. Prohibited Activities. The Services are not designed, manufactured or intended for use or
resale as or with on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines or weapon systems in
which the failure of the Services could lead directly to death, personal injury or severe
physical or environmental damage. Subscriber may not:
(i) resell or transfer the Services to any third party;
(ii) register or use any Comodo logo or trademark in any jurisdiction;
(iii) modify any software in any manner;
(iv) attempt to gain unauthorized access to any computer systems;
(v) interfere or disrupt a network connected to the Services;
(vi) use the Services to infringe the intellectual property, proprietary, or privacy rights of
a third party;
(vii) post, distribute, or transmit any offensive, obscene, vulgar, violent, defamatory,
harassing, harmful, or otherwise objectionable material or any software or computer
file that contains malware, such as a Trojan, virus, or adware; or
(viii) interfere with another’s use of the Services or other similar services.
2.3. Subscriber Obligations. Subscriber must (1) obtain and pay for all equipment and third-party
services (e.g., Internet access and email service) required for Subscriber to access and use the
Services; (2) maintain the security of Subscriber’s identification, and other confidential
information relating to Subscriber’s account; and (3) be responsible for all charges resulting
from use of Subscriber’s account associated with the Services. Subscriber is solely
responsible for the content of Subscriber’s computer and any transmissions made through the
Services.
2.4. Export. Subscriber represents and warrants that Subscriber is not located in and will not
modify, export or re-export, either directly or indirectly, the Services and related 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 Subscriber must comply with the list as it exists in
fact. COMODO SHALL NOT BE LIABLE FOR SUBSCRIBER’S VIOLATION OF ANY
SUCH EXPORT OR IMPORT LAWS, WHETHER UNDER UNITED STATES LAW OR
FOREIGN LAW.
3.Monitoring and Reporting.
3.1. Installation. As part of the consideration of Subscriber’s use of the Services, Subscriber is
required to (1) download and install all software accompanying the Services, (2) reconfigure
firewalls, antivirus solutions, and other IT security services that interfere with or prevent the
Services from operating correctly, and (3) continuously forward Subscriber Information.
“Subscriber Information” means log data about Subscriber’s web traffic, including but not
limited to, signatures, request/response headers, source IP, and time. Once Subscriber has
completed the above installation requirements, which shall be determined by Comodo in its
sole discretion, Comodo will start analyzing Subscriber Information.
3.2. Monitoring; Notifications; Reporting. Once Comodo has received Subscriber Information for
the minimum initial time period indicated in Subscriber’s account, but not less than 30 days,
Comodo will monitor Subscriber Information for Unusual Activity during the term of this
Agreement. “Unusual Activity” means an anomaly in Subscriber Information, as determined
by Comodo. When Comodo determines that Subscriber is experiencing Unusual Activity,
Comodo will classify the event as low-priority, medium-priority, high-priority, or critical-
priority, as determined solely by Comodo. Comodo will provide notifications to Subscriber
based upon the assigned level of priority. For medium-priority Unusual Activity, Comodo
will notify Subscriber by email of the Unusual Activity. For high-priority Unusual Activity,
Comodo will notify Subscriber, by all communications methods Subscriber has provided to
Comodo, within 2 hours after the Unusual Activity being classified as high-priority. For
critical-priority Unusual Activity, Comodo will notify Subscriber, by all communications
methods provided to Comodo by Subscriber, within 30 minutes after the Unusual Activity
being classified as critical-priority. At the end of each reporting period, a report will be
generated containing Subscriber Information, including Unusual Activity.
3.3. Limitations. The notification requirements stated in section 3.2 shall exclude periods during
which (i) the Services are being updated, (ii) there is a failure of Comodo’s or Subscriber’s
internet service provider, (iii) Subscriber Information was not received by Comodo, or (iv)
there is an error or outage in the Services that is a direct result of Subscriber’s acts or
omissions. Reports shall only include Subscriber Information that was received by Comodo.
3.4. Remediation. The Services do not include any remediation assistance from Comodo.
Comodo shall not be responsible for assisting Subscriber in correcting or eliminating any
security flaw or vulnerability. The Services do not, and are not intended to, fix, remedy,
prevent, or eliminate vulnerabilities or other insecurities. Remedying any vulnerabilities or
insecurities is solely Subscriber’s responsibility. Any remediation assistance may be made
available by Comodo in its sole and absolute discretion and may entail an additional fee.
4.Ownership.
4.1. Ownership Rights. The Services are being licensed, not sold. Comodo retains all ownership
rights in and to the Services, including any intellectual property rights therein.
4.2. Copyright. The Services contain material that is protected by United States and foreign
intellectual property laws, including copyright, trademark, trade secret, and patent law. All
rights not granted to Subscriber herein are expressly reserved by Comodo. Subscriber shall
not remove any copyright or other proprietary notice of Comodo from the Services.
4.3. Submissions. Any communications sent to Comodo are the property of Comodo or of
Comodo’s affiliates. Unless stated otherwise herein, submissions are not considered
confidential, and Comodo is not liable for any use or disclosure of a submission. Except as
noted herein, Comodo is entitled to unrestricted use of any submissions for any purpose
whatsoever without compensation to the provider of the submission.
5.Payment.
5.1. Fees. Subscriber agrees to pay all fees, including overage charges, listed on Comodo website
applicable to the Services. Comodo may modify fees for the Services in its sole discretion.
Subscriber’s failure to terminate this Agreement after a fee change is posted constitutes
Subscriber’s acceptance of the amended prices, which will apply on Subscriber’s next
invoice.
5.2. Limited License. The licenses granted herein are only for the number of end-user licenses
purchased by Subscriber.
5.3. Renewal. The licenses granted herein shall automatically renew until this Agreement is
terminated by Subscriber or by Comodo. Any credit card or account provided to Comodo to
pay for the Services shall be automatically charged for the Services upon renewal. In the
event that Comodo is unable to bill the credit card or account on file or Subscriber requests
that Comodo not bill the credit card or account, Subscriber shall be solely responsible for any
renewal payment required. In the event that payment is not made, the Services may become
unavailable to Subscriber and Comodo may terminate this Agreement in its sole and absolute
discretion without notice to Subscriber.
5.4. Billing Issues. Subscriber agrees to provide Comodo notice of any billing problems or
disputes within thirty (30) days after they first appear on the statement Subscriber receives
from Subscriber’s bank, credit card company, or other billing company. Failure to notify
Comodo of the problem within the thirty (30) day period will result in Subscriber’s
acceptance of the charges, waiving Subscriber’s right to dispute such problems or
discrepancies. Comodo does not provide any refunds for the Services.
5.5. Service Modifications. Comodo may at any time change, modify, add to, discontinue, or
retire the Services either in whole or in part. Comodo will provide notice of material changes
to the Services or changes to this Agreement by posting such changes at www.comodo.com
which shall be Subscriber’s sole notice of such changes. Subscriber must periodically check
the website to inform yourself of any such changes.
6.Term and Termination.
6.1. Term. This Agreement is effective until terminated by Subscriber or by Comodo. Subscriber
may only use the Services during the period for which Subscriber has paid the subscription
fee.
6.2. Termination by Subscriber. Subscriber may terminate this Agreement, after payment of all
fees due, at any time by (1) notifying Comodo of Subscriber’s intent to terminate this
Agreement by email at support@comodo.com; and (2) uninstalling all copies of any software
provided with the Services. Subscriber’s termination will be effective upon Comodo’s
receipt and processing of the email, which may take up to 24 hours.
6.3. Termination by Comodo. Comodo may terminate this Agreement in its sole discretion
without notice. Comodo may refuse access or deny participation into the Services at any
time.
6.4. Excessive Use. 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 Subscriber’s consumption of the Services is deemed excessive
by Comodo, based on the average use of the Services by other customers, Comodo may
terminate Subscriber’s account or adjust the price offered to Subscriber for the Services.
6.5. Events upon Termination. Upon termination, Subscriber shall immediately cease using the
Services. Comodo may disable use of the Services or related software without further notice
to Subscriber, and may remove and erase any account information, backup data, and other
information stored or collected by Comodo. No refunds shall be provided for any unused
Services.
7.Privacy.
7.1. 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.
Subscriber should periodically review this website, as Comodo may revise the
Privacy Policy at any time. Comodo may occasionally send Subscriber communications
regarding Subscriber’s account or the Services.
7.2. Data Collection. Comodo may collect certain information about Subscriber’s use of the
Services, including, without limitation, statistics relating to the use of the Services,
performance metrics relating to the Services, and configuration settings. 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.
7.3. 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.
7.4. Compliance. Subscriber shall be responsible for complying with any and all necessary
privacy laws and regulations in any applicable jurisdiction(s). This includes all local, state,
and Federal laws in the United States, all European Union laws or directives, and any other
laws throughout the world. Subscriber shall make the appropriate and required disclosures to
individuals. Pursuant to Section 10, Subscriber shall indemnify Comodo for any alleged
privacy or data security violation.
8.Warranty Disclaimers.
8.1. Use of Internet. Reasonable effort shall be made by Comodo to provide reliable services, but
Comodo provides the Services on the Internet and, as such, they are subject to the operation
of Internet and telecommunications infrastructures which are beyond the control of Comodo.
Comodo does not warrant that the services will be uninterrupted or that Subscriber will be
able to access or use the Services at the location and times of Subscriber’s choosing.
8.2. Warranty Disclaimer. THE SERVICES AND ACCOMPANYING SOFTWARE ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
ANY USE OF THE SERVICES IS AT SUBSCRIBER’S OWN RISK. COMODO DOES
NOT WARRANT THAT ANY SOFTWARE PROVIDED WILL OPERATE
SUBSTANTIALLY
IN
ACCORDANCE
WITH
THE
DOCUMENTATION
ACCOMPANYING THAT SOFTWARE. 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
FUNCTIONS CONTAINED IN THE SERVICES WILL MEET ANY REQUIREMENTS
OR NEEDS SUBSCRIBER MAY HAVE, THAT ANY DEFECTS OR ERRORS IN THE
SERVICES WILL BE CORRECTED, OR THAT THE SERVICES ARE COMPATIBLE
WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW
THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT
APPLY TO SUBSCRIBER. SUBSCRIBER SHALL BEAR THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SERVICES.
8.3. Data Transfer. ANY AND ALL MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT
SUBSCRIBER’S OWN RISK. SUBSCRIBER IS SOLELY RESPONSIBLE FOR THE USE
OR POSSESSION OF SUCH DATA OR MATERIAL. COMODO DOES NOT ACTIVELY
MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH THE
SERVICES AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR
DATA.
9. Limitation of Liability. IN NO EVENT SHALL COMODO, ITS AFFILIATES, OR THEIR
EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR (I) ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATED TO (A) THE USE OF THE SERVICES, (B) THE DELAY OR INABILITY TO
USE THE SERVICES, (C) ANY INFORMATION, DATA, OR SERVICES OBTAINED
THROUGH THE SERVICES, (D) UNAUTHORIZED THIRD PARTY ACCESS TO
SUBSCRIBER’S ACCOUNT, OR (E) THIS AGREEMENT; OR (II) ANY COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THIS LIMITATION APPLIES
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHER THEORY AND SHALL APPLY EVEN IF COMODO, ITS
AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
COMODO’S TOTAL AGGREGATE LIABILITY RESULTING FROM OR RELATED TO THIS
AGREEMENT EXCEED THE FEES PAID BY SUBSCRIBER TO COMODO UNDER THIS
AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING
THE EVENT WHICH GAVE RISE TO THE CLAIM. THE LIMITATIONS HEREIN SHALL
APPLY EVEN IF ANY ESSENTIAL PURPOSE OF THIS AGREEMENT FAILS TO BE MET.
10.Indemnification. Subscriber shall release, indemnify, defend and hold harmless Comodo and 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) this Agreement or the breach of Subscriber’s
warranties, representations and obligations under this Agreement, (b) falsehoods or
misrepresentations by Subscriber, or (c) Subscriber’s violation of the intellectual property rights or
other proprietary rights of a third party. When Comodo is threatened with a suit or sued by a third
party, Comodo may seek written assurances from Subscriber concerning Subscriber’s promise to
indemnify Comodo. Failure to provide those assurances is a material breach of this Agreement.
Comodo shall have the right to participate in any defense by Subscriber of a third-party claim
related to Subscriber’s use of the Services, with counsel of Comodo’s choice. Subscriber shall have
sole responsibility to defend Comodo against any claim, but Subscriber must receive Comodo's
prior written consent regarding any related settlement. The terms of this paragraph will survive any
termination or cancellation of this Agreement.
11.Miscellaneous.
11.1. Entire Agreement. This Agreement, including any documents referenced herein, shall
constitute the entire agreement between the parties. Any waiver of this Agreement shall only
be effective if it is in writing and signed by both parties. Except as otherwise provided in this
Agreement, Comodo may: (1) revise the terms and conditions of this Agreement; and/or (2)
change any part of the Services. Any such revisions or changes will be binding and effective
immediately upon the earlier of posting the change to www.comodo.com or upon notification
to Subscriber by e-mail or United States mail. Subscriber agrees to periodically review the
Comodo website to be aware of any such changes. By continuing to use the Services after a
change, Subscriber agrees to abide by and be bound by any such changes. Comodo is not
bound by and Subscriber may not rely on any representation by (i) an agent, representative or
employee of a third party; or (ii) information posted on the Comodo website of a general
informational nature. Section headings are for reference only and are not part of the terms of
this Agreement.
11.2. Independent Contractors. Subscriber and Comodo are independent contractors, and nothing
contained in this Agreement shall be construed to designate or establish Subscriber as a
partner, employee, joint venturer, or agent of Comodo for any purpose whatsoever.
11.3. Force Majeure. Any delays in or failure by Comodo shall be excused to the extent that the
delay or failure is beyond Comodo’s reasonable control. Comodo shall not be liable for any
failure or problem related to access or use of the Internet.
11.4. Severability. Any provision held invalid or unenforceable will be reformed to the minimum
extent necessary to make the provision valid and enforceable. If reformation is not possible,
the provision shall be omitted and the balance of this Agreement shall remain valid and
enforceable.
11.5. Governing Law; Venue. Any disputes related to the Services shall be governed by and
construed in accordance with the laws of the state of New Jersey. Any actions arising out of
or based on this Agreement shall be brought in the federal or state courts of New Jersey. The
United Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act shall not apply to this Agreement and are specifically
excluded.
11.6. Limitation on Actions. Neither party may bring any action, regardless of form, arising out of
nor relating to this Agreement more than one (1) year after the cause of action has accrued.
11.7. Non-assignment. Subscriber may not assign or delegate any of its rights or obligations under
this Agreement, whether by merger, consolidation, operation of law, or any other manner,
without the prior written consent of Comodo. For purposes of this section only, a change in
control is deemed an assignment. Any transfer without Comodo’s consent renders this
Agreement voidable at Comodo's option. Comodo may assign and delegate its rights and
obligations under this Agreement.
11.8. Notices. All notices, demands or requests made to Comodo with respect to this Agreement
shall be in writing and mailed to Comodo at 1255 Broad Street, Suite 100, Clifton, NJ 07013,
United States. All notices to Subscriber shall be sent to the email address listed in
Subscriber’s account. Comodo shall have no obligation to provide notice or attempt to locate
a customer other than through the account email address.
11.9. Survival. All sections regarding Confidentiality, Disclaimer of Warranties, Indemnification,
Limitation on Liability, Intellectual Property, Arbitration, and Miscellaneous shall survive
the termination of this Agreement.
11.10.Rights of Third Parties. There are no third party beneficiaries under this Agreement.
12. Arbitration. To the extent permitted by law, before Subscriber may begin arbitration with respect
to a dispute involving any aspect of this Agreement, Subscriber shall notify Comodo, and any other
party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved
within sixty (60) days after the initial notice, then a party may proceed in accordance with the
following:
(i) Any unresolved dispute arising under the terms of this Agreement shall be decided by
arbitration conducted through the services of the American Arbitration Association
(hereinafter referred to as the “AAA”).
(ii) Notice of demand for an arbitration hearing shall be in writing and properly served upon the
parties to this Agreement. Arbitration hearings shall be held in the state of New Jersey at a
location mutually agreeable to the parties.
(iii) There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of
3 possible Arbitrators to hear the matter and each party shall have the opportunity to name
one Arbitrator to be dropped from the panel until one remains. The party giving notice of the
Arbitration demand shall be first to indicate its selection.
(iv) All costs of the Arbitration and the AAA shall be borne equally by both parties to this
Agreement, regardless of the final decision. The defaulting party as determined by the
Arbitrator, shall pay all other costs and expenses, including reasonable attorney’s fees,
incurred by the party in enforcing its rights under this Agreement.
BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY
WITH ALL OF ITS TERMS AND CONDITIONS. DO NOT CLICK THE “I ACCEPT” BUTTON IF
YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
SCHEDULE A
Open Source Software
Copies of the following licenses are provided at the following links:
i. Artistic License (hereinafter “Artistic License v1”):
http://dev.perl.org/licenses/artistic.html
ii. GNU General Public License version 2 (hereinafter “GPLv2”):
http://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html
iii. GNU General Public License version 3 (hereinafter “GPLv3”): http://www.gnu.org/licenses/gpl-3.0.en.html
The following applies to components licensed under GPLv2 or GPLv3 (hereinafter, the “GPL”): The Service may include components that are licensed or sublicensed under the GPL. The GPL permits users to use, copy, modify, or redistribute modules. A copy of the GPL license can be found in this schedule. All open-source software components are licensed free of charge. Comodo does not provide a warranty for these components. For 3 years following your purchase of the Product, Comodo will provide, for a charge reflecting Comodo’s distribution costs, the complete machine-readable copy of the modified software modules that are covered by GPL. To obtain a complete machine-readable copy of the corresponding source code, verbatim or modified, on a medium customarily used for software interchange, please send your written request to opensourcesoftware@comodo.com. Please include your name, address, telephone number, email address, the product you purchased, and the specific software components. You may copy and distribute verbatim copies of this source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty, keep intact all the notices that refer to the GPL and to the absence of any warranty, and give any other recipients of the program a copy of the GPL along with the program.
Components licensed to Comodo under the terms of Perl itself are, where applicable, modified and redistributed by Comodo under the Artistic License v1.
The following applies to JSON: Copyright (c) 2002 JSON.org Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. The Software shall be used for Good, not Evil. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The following applies to YAML::Syck Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The following applies to jQuery UI Copyright jQuery Foundation and other contributors, https://jquery.org/ This software consists of voluntary contributions made by many individuals. For exact contribution history, see the revision history available at https://github.com/jquery/jquery-ui The following license applies to all parts of this software except as documented below: ==== Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ==== Copyright and related rights for sample code are waived via CC0. Sample code is defined as all source code contained within the demos directory. CC0: http://creativecommons.org/publicdomain/zero/1.0/ ==== All files located in the node_modules and external directories are externally maintained libraries used by this software which have their own licenses; we recommend you read them, as their terms may differ from the terms above.
The following applies to jQuery Bonsai and jQuery Qubit: The MIT License (MIT) Copyright (c) 2014 Simon Wade Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
END USER LICENSE AGREEMENT
COMODO CWATCH OFFICE
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND WAIVER OF CLASS ARBITRATIONS AND CLASS ACTIONS.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT.
THE “PRODUCT” MEANS COMODO’S CWATCH OFFICE, INCLUDING ALL OF THE ELECTRONIC FILES,
DOCUMENTATION, AND SOFTWARE PROVIDED THEREIN, EXCEPT AS EXPRESSLY STATED HEREIN.
BY USING THE PRODUCT, OR BY CLICKING ON “I ACCEPT” BELOW, 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 USE THE PRODUCT,
SUBSCRIBE TO OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.
This end user license agreement (“Agreement”) is between you, or the business entity you represent,
(“Subscriber”) and Comodo Security Solutions, Inc., with its principal place of business at 1255 Broad
Street, Suite 100, Clifton, New Jersey 07013, United States (hereinafter “Comodo”).
In exchange for Subscriber’s use of the Product, Subscriber agrees as follows:
1.License.
1.1. Grant of License. Subject to the limits herein, Comodo grants Subscriber a non-exclusive,
non-sublicensable, and revocable license to use the Product, including any documentation
and files accompanying the Product, on a single network for the term that Subscriber has paid.
Subscriber shall not resell, lease, sell, modify, reverse engineer, decompile, or create
derivative works of the Product. All rights not expressly granted herein are reserved to Comodo.
This license grant shall expire at the end of the paid subscription period or at the end of the trial period.
1.2. Restrictions. The licenses granted herein are only valid if:
(i) the Services are NOT modified in any manner;
(ii) the Services are only installed and used in accordance with Subscriber’s network
security policies,
(iii)Subscriber possesses the necessary authority and power to install and use the Product,
(iv) Subscriber promptly pays all license fees when due, and
(v) this Agreement is accepted without modification and has not been breached.
1.3. Registration. When registering the Product, Subscriber must provide accurate
information and must update the registration information if it changes. Comodo may limit
Subscriber’s ability to use the Product if Subscriber fails to complete a required registration
process. Subscriber may also be required to select a username and password. Maintaining
the confidentiality of this password and username is Subscriber’s responsibility. Subscriber
must notify Comodo immediately of any unauthorized use of Subscriber’s account.
1.4. Limited License. The licenses granted herein are only for the number of computers or
devices for which Subscriber has paid for the Product. Subscriber can secure additional
computers by obtaining a separate license for each computer or device, which might require
an additional fee. Subscriber must have a license for each computer or device that accesses
or uses the Product prior to installing or using the Product.
1.5. Updates. Comodo is not obligated to provide updates to the Product. If an update is
provided and the update is not accompanied by an additional agreement, this Agreement
applies to Subscriber’s use and installation of the update. The Product may update
automatically without notice.
1.6. Technical Support. Comodo is not obligated to provide technical or customer support for
the Product. In the event technical or customer support is offered or included, Comodo has a
right to alter or terminate the support at any time without notice.
1.7. Open Source Software. The Product contains open source software ("OSS"), which is
licensed to Subscriber by third parties under different licenses than this Agreement.
The licenses and notices for OSS contained in the Product can be found in Schedule 1 to this Agreement.
To the extent the license for an OSS component grants Subscriber rights to use, copy, or modify the
component that are broader than the rights granted in this Agreement, such rights shall take precedence
over the rights and restrictions granted in this Agreement solely for that OSS component.
1.8. Trial, Free, Evaluation, and Beta. If this Agreement pertains to a trial, free, beta, or
evaluation version, the licenses granted herein terminate at the end of the trial or evaluation
period or when Comodo disables access to the Product. For a trial version of the Product if
no term is agreed or specifically set forth in the documentation that Subscriber received with
this Product, then the term for the licenses granted herein shall be for the term that
Subscriber purchased. All trial, evaluation, and beta licenses are limited to one per customer.
Generally, credit card information is required to access a free trial. However, Comodo shall
not charge Subscriber’s credit card until the trial period has ended. At the end of the trial
period, Comodo may bill the credit card for the Product without further notice. Participants in
a free trial are not entitled to a 30 day refund period. Subscriber’s termination of this
Agreement prior to the end of the free trial is required to avoid fees for the Product.
Annual subscriptions expire one year from the end of the trial period.
Comodo may deny or revoke a free trial for any reason.
1.9. DNS Services. With your permission, the Product will reconfigure your DNS settings to
point to the Comodo name servers to accept, process, and resolve recursive DNS queries (“Recursive Traffic”).
Comodo may re-direct or terminate Recursive Traffic that Comodo, in its sole discretion,
determines or considers to be harmful or invalid. You must not disclose the NameServer
addresses to any third party who has not accepted this Agreement.
Upon termination of this agreement, you must change your DNS settings away from Comodo’s NameServers.
Comodo is not required to provide access to alternative services at termination.
2.Ownership.
2.1. No Ownership Rights. The Product is being licensed, not sold. Comodo retains all ownership rights in and to the Product, including any
intellectual property rights therein.
2.2. Copyright. The Product 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 Subscriber herein are expressly reserved by Comodo.
Subscriber may not remove any copyright or other proprietary notice of Comodo from the Product.
2.3. Content. Content, including files, links, images, and text, made available or accessible
through the Product is the sole responsibility of the person or entity from whom it originated
and is the property of the applicable owner. This Agreement does not give any rights to such content.
Comodo does not endorse any such content. Subscriber accepts all responsibility for security
risks and any damage resulting from any content viewed or accessed through the Product,
and Comodo is not responsible for any damage or loss caused by Subscriber’s use or reliance
on any of the content, goods or services, or information available through third party sources
regardless of how presented.
2.4. Submissions. Subscriber represents that it has the necessary rights and licenses to any
files submitted to Comodo for scanning. Subscriber also represents that its submission of files
to Comodo will not violate any third party rights to such files, including intellectual property
rights and rights to privacy. Any communications sent to Comodo are the property of Comodo
or its affiliates. Unless stated otherwise herein, submissions are not considered confidential,
and Comodo is not liable for any use or disclosure of a submission. Except as noted herein,
Comodo is entitled to unrestricted use of any submissions for any purpose whatsoever without
compensation to the provider of the submission.
3.Payment.
3.1. Comodo Fees. If there is a free version of the Product, it may be used without payment
to Comodo. For a paid Product, Subscriber must pay the fee listed on Comodo’s website
prior to using or accessing the Product or any purchase order for the Product.
Free versions and paid versions of the Product are listed on http://www.cwatch.comodo.com.
Comodo may modify fees for a paid version of the Product in its sole discretion.
Subscriber’s failure to terminate this Agreement after a fee change is posted to
Comodo’s website constitutes Subscriber’s acceptance of the amended prices,
which will apply upon Subscriber’s renewal of the Product.
(i) Method of Payment. All Comodo fees must be paid in advance. Comodo may
automatically charge the account or credit card provided for renewing subscriptions
to the Product. However, Subscriber remains solely responsible for any renewal
payment. If renewal payments are not made before a subscription expires, Comodo
may, without notice, restrict or remove Subscriber’s access to the Product.
(ii) Rejected Charges. If any charges are rejected by Subscriber’s credit card issuer
then Comodo may deactivate Subscriber’s 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.
(iii) Billing Issues. Subscriber shall provide Comodo notice of any billing problems or
disputes within 60 days after the charge first appears on a statement Subscriber
receives from Subscriber’s bank, credit card company, or other billing company.
Failure to notify Comodo of the problem within the 60 day period is Subscriber’s
acceptance of the charges. Comodo is not obligated to provide a refund for any
unused Product.
3.2. Third Party Fees. Subscriber’s use of the Product in connection with a third party account
may result in other fees, charged by a third party, which are separate from and in addition to
fees charged by Comodo. Subscriber agrees that other terms of use and privacy policies may apply
to Subscriber’s use of the Product in connection with a third party account. Comodo is not
responsible for fees charged by third parties. These fees are not charged or billed by Comodo,
and should not be paid to Comodo.
4.Restrictions.
4.1. Lawful Use. The Product is solely for lawful purposes and use. Subscriber is responsible
for ensuring that Subscriber’s use of the Product is in accordance with this Agreement
and any applicable laws, statutes, ordinances, regulations, rules and other government authority.
4.2. Mobile Device Policies. The Product may contain functions allowing Subscriber to set
policies for mobile devices. For each mobile device Subscriber includes in such policies,
Subscriber represents that it (1) is the owner of the mobile device covered under such
policies, or (2) has obtained the mobile device owner’s express consent (i) to include
the mobile device under such policies, and (ii) for Comodo and Subscriber to collect
the information provided for in section 8.2 (Permissions) below.
4.3. Compliance. Subscriber shall (1) not interfere or disrupt networks connected to
Comodo’s services; (2) comply with all regulations, policies and procedures of networks
connected to the services; (3) not use the Product to infringe the privacy or intellectual
property rights of a third party; (4) not use the Product to distribute or transmit any
file that contains malware, (5) not attempt to gain unauthorized access to other computer
systems or mobile devices; and (6) not use the Product 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.
4.4. Export. Subscriber represents that it is not located in and will not modify, export or re-export,
either directly or indirectly, the Product 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 Subscriber must comply with the list as it exists in fact.
COMODO SHALL NOT BE LIABLE FOR SUBSCRIBER’S VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS,
WHETHER UNDER UNITED STATES LAW OR FOREIGN LAW.
5.Termination.
5.1. Term. This Agreement is effective until terminated by Subscriber or by Comodo.
Subscriber may only use the paid Product during the period for which Subscriber has paid the
subscription fee. The subscription may be renewed by paying an additional license fee as set
forth on the Comodo website.
5.2. Termination by Subscriber. For the free Product, Subscriber may terminate this
Agreement at any time by removing all copies of the Product in Subscriber’s possession or
under Subscriber’s control. The paid Product may be terminated by removing all copies of
any related software and notifying Comodo of Subscriber’s intent to terminate this Agreement.
Notification of termination must be sent by email to support@comodo.com. Subscriber’s
termination will be effective upon Comodo’s receipt and processing of the email.
Processing may take up to 24 hours.
5.3. Termination by Comodo. Comodo may terminate this Agreement at any time by posting
notice of the termination on its website or sending an email to the address provided during
Subscriber’s registration for the Product. 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 Subscriber’s use to be excessive,
Comodo may, with email notice, terminate Subscriber’s account or adjust the price of the Product.
5.4. Events Upon Termination. Upon termination, Subscriber must immediately cease using
the Product and delete all copies of any related software found on Subscriber’s mobile device
and any backup copies made. Upon termination, Comodo may disable further use of the
Product 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 Subscriber.
No refunds shall be given for any reason.
6.Indemnification.
6.1. Indemnification. Subscriber shall indemnify (i) Comodo, (ii) Comodo’s affiliates, and
(iii) Comodo’s and its affiliate’s directors, officers, employees, and agents
(each an “Indemnified Person”) against all liabilities, losses, expenses, or costs
(including reasonable attorney’s fees) (collectively “Losses”) that, directly or
indirectly, are based on Subscriber’s breach of this Agreement, information
provided by Subscriber, or Subscriber’s infringement on the rights of a third party.
6.2. Indemnification Procedure. Comodo shall notify Subscriber promptly of any demand for
indemnification. However, Comodo’s failure to notify will not relieve Subscriber from
Subscriber’s indemnification obligations except to the extent that the failure to
provide timely notice materially prejudices Subscriber. Subscriber may assume the
defense of any action, suit, or proceeding giving rise to an indemnification obligation
unless assuming the defense would result in potential conflicting interests as determined
by the Indemnified Person in good faith. Subscriber may not settle any claim, action,
suit or proceeding related to this Agreement unless the settlement also includes an
unconditional release of all Indemnified Persons from liability.
6.3. Additional Liability. Subscriber’s indemnification obligations are not Comodo’s sole
remedy for a breach and are in addition to any other remedies Comodo may have against
Subscriber under this Agreement. Subscriber’s indemnification obligations survive the
termination of this Agreement.
7.Disclaimers and Limitation of Liability.
7.1. Internet. Subscriber acknowledges that the Product is subject to the operation and
telecommunications infrastructures of the Internet and the operation of Subscriber’s Internet
connection services, all of which are beyond Comodo’s control.
7.2. Guarantee Disclaimer; Assumption of Risk. EXCEPT AS SPECIFICALLY STATED
OTHERWISE IN THIS AGREEMENT, COMODO EXPRESSLY DISCLAIMS ALL IMPLIED
AND EXPRESS WARRANTIES IN THE PRODUCT. THIS DISCLAIMER INCLUDES ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
COMODO DOES NOT GUARANTEE THAT 1) THE PRODUCT WILL MEET SUBSCRIBER’S
REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCT WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
7.3. Damage Limitation. THE TOTAL LIABILITY OF COMODO AND ITS AFFILIATES, AND
EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND
CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS
LIMITED TO THE AMOUNT PAID BY SUBSCRIBER FOR THE PRODUCT.
SUBSCRIBER WAIVES ALL LIABILITY FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES
ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR DATA AND
APPLIES EVEN IF COMODO IS AWARE OF THE POSSIBILITY OF
SUCH DAMAGES.
These limitations apply to the maximum extent permitted by law regardless of
1) the reason for or nature of the liability, including tort claims,
2) the number of claims,
3) the extent or nature of the damages, and
4) whether any other provisions of this Agreement have been breached or proven ineffective.
7.4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED
THROUGH THE PRODUCT IS AT SUBSCRIBER’S OWN RISK. SUBSCRIBER IS SOLELY
RESPONSIBLE FOR ITS USE OR POSSESSION OF SUCH DATA OR MATERIAL.
COMODO DOES NOT ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED
THROUGH ITS PRODUCT AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR DATA.
7.5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting
certain damages, then the disclaimers of guarantee and limitations on liability herein apply to
the maximum extent allowed by law.
7.6. 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.Privacy.
8.1. Privacy Policy. Comodo shall follow the privacy policy posted on its website at:
https://www.comodo.com/repository/privacy-policy.php when collecting and using
information from Subscriber. Comodo may amend the privacy policy at any time by posting
the amended privacy policy on its website.
8.2. Permissions. By using the Product, Subscriber expressly gives permission to Comodo
and the Product to collect information relating to the following: Subscriber’s HTTP/S traffic,
URLs visited, external IP addresses, and device name(s). This information is collected to
improve the ability of Comodo’s products to detect malicious behavior, and to allow the
Product to create rule-based actions (such as blocking or allowing) for particular types of
traffic/information. In addition, the Product may automatically submit to Comodo any files or
programs that are unknown or untrusted, including information on the actions taken by such files.
Such files could contain personally identifiable information that has been obtained by any of the
identified pending/unrecognized files without your permission. Files of this type are being
collected by Comodo only for the purpose of improving the ability of Comodo’s products to detect
malicious behavior. Subscriber expressly gives permission to Comodo and for the Product to collect
and review such information, files, and to upload executable files to a cloud based system for malware analysis.
Comodo stores all processed files for further analysis and has access to those files.
For mobile devices and tablets, the Product can use settings that control your mobile data
connection and potentially the data you receive. The Product can access your device's Wi-Fi
connection information, like if Wi-Fi is turned on and the name(s) of connected devices.
The Wi-Fi connection information access may include the ability to view Wi-Fi connections.
Subscriber expressly gives permission to Comodo and the Product to collect and/or access
this information.
8.3. 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.
8.4. Opt Out. Subscriber may opt-out of having information used for purposes not directly
related to the Product by emailing a clear notice to optout@comodo.com. By clicking “I ACCEPT”,
Subscriber affirmatively consents to receiving Comodo’s and its affiliates’ promotional material.
9.Miscellaneous.
9.1. Notices. All questions, notices, demands, or requests to Comodo with respect to this
Agreement shall be made in English writing to: Comodo Security Solutions, Inc., 1255 Broad Street,
Clifton, New Jersey 07013. All notices to Subscriber shall be made by posting the notice on the
Comodo website.
9.2. Entire Agreement. This Agreement, along with the attached schedules and any
documents referred to herein, is the entire agreement between the parties with respect to the
subject matter, superseding all other agreements that may exist with respect to the subject matter.
Section headings are for reference and convenience only and are not part of the interpretation
of this Agreement.
9.3. Modifications. Comodo may amend or discontinue the Product offered under this
Agreement in its sole discretion, including modifying renewal license fees, availability,
equipment and software requirements, and limiting or restricting use of Product.
Comodo may amend this Agreement to the extent allowed by law.
Comodo will give Subscriber notice of these amendments by posting the modified agreement
to its website. Subscriber must periodically visit Comodo’s website to be aware of any changes.
Continued use of a Product after an amendment constitutes Subscriber’s acceptance of the change.
9.4. Waiver. A party’s failure to enforce a provision of this Agreement does not waive
the party’s right to enforce the same provision later or right to enforce any other provision of this
Agreement. To be effective, all waivers must be both in writing and signed by the party
benefiting from the waived provision.
9.5. Force Majeure and Internet Frailties. Other than for payment obligations by Subscriber,
neither party will be liable for a delay or failure to perform an obligation to the extent
that the delay or failure is caused by an occurrence beyond the party's reasonable control.
Each party acknowledges that the operation of the Internet is beyond the other party’s
reasonable control, and neither party will be liable for a delay or failure caused by an
interruption or failure of telecommunication or digital transmission links,
Internet slow-downs or failures, or other such transmission failure.
9.6. Arbitration and Governing Law. Subscriber agrees that any dispute, claim or controversy
arising out of this Agreement shall be determined by binding arbitration. Before Subscriber
may begin arbitration with respect to a dispute involving any aspect of this Agreement,
Subscriber shall notify Comodo and any other party to the dispute for the purpose of
seeking dispute resolution. The notice to Comodo should be addressed to 1255 Broad Street,
Clifton, New Jersey 07013.
If the dispute is not resolved within sixty (60) days after the initial notice, then a party may
proceed in accordance with the following: Any unresolved dispute arising under the terms of
this Agreement shall be decided by arbitration conducted through the services of the
Commercial Arbitration Rules of the American Arbitration Association (hereinafter referred to as the “AAA”).
Notice of demand for an arbitration hearing shall be in writing and properly served upon
the parties to this Agreement. Arbitration hearings shall be held in the state of New Jersey
at a location mutually agreeable to the parties.
The laws of the state of New Jersey govern the interpretation, construction and enforcement of this Agreement
and all proceedings arising out of it without regard to any conflicts of laws principles.
Both parties agree to the exclusive venue and jurisdiction of state or U.S. federal courts located in New Jersey.
The United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act shall not apply to this Agreement and are
specifically excluded.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND COMODO AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.
NEITHER YOU NOR COMODO WILL SEEK TO HAVE ANY DISPUTE HEARD AS A
FEDERAL OR STATE CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION,
OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES
TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING
WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT
OF ALL PARTIES TO ALL AFFECTED ARBITRATION OR PROCEEDINGS.
9.7. Assignment. Subscriber may not assign any of its rights or obligations under this Agreement,
whether by merger, consolidation, operation of law, or any other manner, without the prior written
consent of Comodo. For purposes of this section only, a change in control is deemed an assignment.
Any transfer without consent is void. To the extent allowed by law, Comodo may assign its rights
and obligations without Subscriber’s consent.
9.8. Severability. Any provision held invalid or unenforceable will be reformed to the minimum
extent necessary to make the provision valid and enforceable. If reformation is not possible,
the provision is deemed omitted and the balance of this Agreement remains valid and enforceable.
9.9. Survival. All provisions relating to confidentiality, proprietary rights, indemnification,
and limitations of liability survive the termination of this Agreement.
9.10. Rights of Third Parties. There are no third party beneficiaries under this Agreement.
SCHEDULE 1
Open Source Software
Open source software may be used to provide the Product and is provided under other licenses and/or
has source available from other locations. Subscriber agrees that any copies of third party software
shall contain the same copyright and proprietary notices that appear in the Product.
The following open source software may be included and is provided under other licenses and/or
has source available from other locations:
The following applies to Angular:
The MIT License
Copyright (c) 2010-2016 Google, Inc. http://angularjs.org
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and
associated documentation files (the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies
or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The following applies to Boost:
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of
the software and accompanying documentation covered by this license (the "Software") to use,
reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative
works of the Software, and to permit third-parties to whom the Software is furnished to do so,
all subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant,
this restriction and the following disclaimer, must be included in all copies of the Software,
in whole or in part, and all derivative works of the Software, unless such copies or derivative
works are solely in the form of machine-executable object code generated by a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE
DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
The following applies to Curl:
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2016, Daniel Stenberg, <daniel@haxx.se>, and many contributors,
see the THANKS file.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is
hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising
or otherwise to promote the sale, use or other dealings in this Software without prior written
authorization of the copyright holder.
The following applies to Libsodium:
ISC License
Copyright (c) 2013-2016
Frank Denis <j at pureftpd dot org>
Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee
is hereby granted, provided that the above copyright notice and this permission notice appear in
all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
The following applies to dnscrypt-proxy:
Copyright (c) 2011-2016 Frank Denis <j at pureftpd dot org>
Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee
is hereby granted, provided that the above copyright notice and this permission notice appear in
all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
====
This license applies to all parts of dnscrypt-proxy that are not externally maintained libraries.
The externally maintained libraries used by dnscrypt-proxy are:
- libsodium (https://github.com/jedisct1/libsodium). 2-clause BSD license.
Based on NaCl (http://nacl.cr.yp.to), public domain. See src/libsodium/{COPYING,AUTHORS}.
- libevent (http://libevent.org/). 3-clause BSD license. See src/libevent/LICENSE.
Licenses for Android Application:
Squareup Retrofit2 2.3.0
http://www.apache.org/licenses/LICENSE-2.0
Squareup Okhttp3 3.8.1
http://www.apache.org/licenses/LICENSE-2.0
PhilJay MPAndroidChart 3.0.2
http://www.apache.org/licenses/LICENSE-2.0
Timber 4.5.1
http://www.apache.org/licenses/LICENSE-2.0
strongSwan 5.6
http://www.gnu.org/licenses/gpl-2.0.html
The following applies to components licensed under GPLv2:
| Comodo’s products include components that are licensed or sublicensed under GPLv2. GPLv2 permits the user to use, copy, modify, or redistribute modules. A copy of the GPLv2 license can be found in this Schedule 2. All open-source software components are licensed free of charge. Comodo does not provide a warranty for these components. For 3 years following your purchase of the Product, Comodo will provide, for a charge reflecting Comodo’s distribution costs, the complete machine-readable copy of the modified software modules that are covered by GPLv2. To obtain a complete machine-readable copy of the corresponding source code on a medium customarily used for software interchange, please send your written request to: opensourcesoftware@comodo.com and send a check in the amount of fifteen dollars ($15) US to: ATTN: Accounting Comodo Security Solutions, Inc. 1255 Broad Street Clifton, NJ 07013 United States In your email and along with your check please include your name, address, telephone number, email address, the Comodo product name, and the specific open-source software components. Your request will be processed once Comodo receives both your email and your check. You may copy and distribute verbatim copies of the source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty, keep intact all the notices that refer to GPLv2 and to the absence of any warranty, and give any other recipients of the program a copy of GPLv2 along with the program. |
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