ADVANCED ENDPOINT PROTECTION
END USER LICENSE AGREEMENT AND TERMS OF SERVICE
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE.
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE COMODO ADVANCED ENDPOINT PROTECTION SOLUTION WITH IT AND SECURITY MANAGER SOFTWARE (THE “PRODUCT”). THE PRODUCT MEANS ALL OF THE ELECTRONIC FILES PROVIDED BY ACCESS OR DOWNLOAD WITH THIS LICENSE AGREEMENT. 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 SOFTWARE, SUBSCRIBE TO OR USE THE SERVICES, OR CLICK ON “I ACCEPT.
This end user license and subscriber agreement is between you (“you” or “Subscriber”), an individual or entity, and either:
a.Comodo Security Solutions, Inc., a Delaware company, with offices at 1255 Broad Street, Clifton, NJ 07013, United States;
b.If you are located in China, Beijing Comodo Software Development Co. Ltd., which has its principal place of business at 401 Tower B., Fenglan International Plaza, 32 Beidajie Xizhimen, Haidian District, Beijing, China;
If you are located in the European Economic Area, Comodo Security Solutions, Ltd., which has its principal place of business at Third Floor, 26 Office Village, Exchange Quay, Trafford Road, Salford Manchester M5 3EQ, United Kingdom, is the entity responsible for any data or information that is processed or controlled and associated with this Product.
Each are hereinafter referred to as “Comodo”.
Comodo’ s Advanced Endpoint Protection Solution includes Comodo’s IT and Security Manager; Comodo Client Security and Comodo Valkyrie. The EULAs for each are provided below.
COMODO IT AND SECURITY MANAGER
Product Functionality
Comodo IT and Security Manager (ITSM) allows administrators to manage, monitor and secure mobile devices which connect to enterprise wireless networks. Once a device has been enrolled, administrators can remotely apply configuration profiles which determine that device's network access rights, security settings and general preferences. ITSM also allows administrators to monitor the location of the device; run antivirus scans on the device; install/uninstall device apps; remotely lock or wipe the device; view/start/stop running services; view reports on device hardware/software information; reset user passwords; make the device sound an alarm and more. Integration with Simple Certificate Enrollment Protocol also allows ITSM end-users to enroll for and install Comodo client certificates for the purposes of two factor authentication and identification. Administrators also have mail access control and can whitelist devices that have access to company mail server. Monitoring of users and devices on the network may also be performed by administrators, including communication with users directly by sending push messages to their devices. Error logs from ITSM portals are collected through mails. Comodo will automatically send mail to mdmsupportreports@comodo.com in the event of errors in the product.
ITSM integrates with Comodo Valkyrie, (https://valkyrie.comodo.com/terms ) a cloud based file analysis which tests user submitted files with a range of detectors such as heuristics, file lookup and real time behavior analysis.
For a complete list and description of the Product features and functions, please refer to the Administration Guide.
In exchange for your use of the Product, you agree as follows:
1.License
1.1. Grant of License.
a.Basic Edition (Free Usage License):
Comodo grants you a limited, non-exclusive, non-transferable, and revocable user license to download, install, back-up, and use the Software and Services (collectively, the “Product”) on one (1) personal device under a valid license granted by Comodo including any documentation and files accompanying the Product. This includes one month of protection with Comodo Client Security. You shall not resell, lease, sell, modify, reverse engineer, decompile, or create derivative works of the Software. All rights not expressly granted herein are reserved to Comodo.
You are required to upgrade to Premium Edition (below) to continue using Comodo Client Security protection for your device(s).
b.Premium Edition:
Comodo grants you a limited, non-exclusive, non-transferable, and revocable user license to download, install, back-up, and use the Product on one (1) personal device under a valid license granted by Comodo for the term that you have paid for, including any documentation and files accompanying the Product. You shall not resell, lease, sell, modify, reverse engineer, decompile, or create derivative works of the Software. All rights not expressly granted herein are reserved to Comodo.
Premium Edition includes license to protection with Comodo Client Security for your devices.
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 Product is NOT modified in any manner;
(ii)the Product is only installed and used in accordance with your network security policies,
(iii)you possess the necessary authority and power to install and use the Product,
(iv)you promptly pay all license fees when due, and
(v)this agreement is accepted without modification and has not been breached.
1.3.Registration. When registering Product, you must provide accurate information and must update the registration information if it changes. Comodo may limit your ability to use the Product if you fail to complete a required registration process. You may also be required to select a username and password. Maintaining the confidentiality of this password and username is your responsibility. You must notify Comodo immediately of any unauthorized use of your account.
1.4.Limited License. The licenses granted herein are only for the registered end user for one (1) device for which you paid for the Product. Each of these devices must be enrolled and activated through the Product. You can secure additional mobile devices by obtaining a separate license, which might require an additional fee. You must have a license for each mobile 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 your 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 Comodo IT and Security Manager. 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.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 you receive with this Product, then the term for the licenses granted herein shall be for the term that you purchased. All trial, evaluation, and beta licenses are limited to one per customer. Generally, credit card or account information is required to access a free trial. However, Comodo shall not charge your credit card or account until the trial period has ended. At the end of the trial period, Comodo may bill the credit card or account for the Product without further notice.
Participants in a free trial are not entitled to a 30 day refund period. Your 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.
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 you herein are expressly reserved by Comodo. You 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. You accept 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 your 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. 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.Fees. If there is a free version of the Product, it may be used without payment to Comodo. For a paid Product, you must pay the fee listed on any applicable purchase order or
Comodo’s website prior to using or accessing the Product. Free and paid for Product are listed on www.comodo.com. Comodo may modify fees for paid Product in its sole discretion. Your failure to terminate this agreement after a fee change is posted to Comodo’s website constitutes your acceptance of amended prices, which will apply upon your renewal of the Product.
3.2.Method of Payment. All fees must be paid in advance. Comodo may automatically charge the credit card or account provided for renewing subscriptions to the Product. However, you remain solely responsible for any renewal payment. If renewal payments are not made before a subscription expires, Comodo may, without notice, restrict or remove your access to the Product.
3.3.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.
3.4.Billing Issues. You shall provide Comodo notice of any billing problems or disputes within 60 days after the charge first appears on a statement you receive from your bank, credit card company, or other billing company. Failure to notify Comodo of the problem within the 60 day period is your acceptance of the charges. Comodo is not obligated to provide a refund for any unused Product.
4.Restrictions
4.1.Lawful Use. The Product is solely for lawful purposes and use. You are responsible for ensuring that your use of the Product is in accordance with this agreement and any applicable laws, statutes, ordinances, regulations, rules and other government authority.
4.2.Compliance. You 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.
4.3.Export. You represent that you are 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 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.
5.Termination.
5.1.Term. This agreement is effective until terminated by you or by Comodo. You may only use paid Product during the period for which you have 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 You. For free software, you may terminate this agreement at any time by removing all copies of the software in your possession or under your control. All paid Product may be terminated by removing all copies of any related software and notifying Comodo of your intent to terminate this agreement. (To uninstall ITSM, follow the instructions in section 5.5 below). 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.
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 your 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 your use to be excessive, Comodo may, with email notice, terminate your account or adjust the price of the Product.
5.4.Events Upon Termination. Upon termination, you must immediately cease using the Product and delete all copies of any related software found on your 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 you. No refunds shall be given for any reason.
5.5.Uninstall. To uninstall the Comodo application, you should be de-enrolled from the COCC server by the company administrator or you should remove the application. For Android, you should remove the application from the device administration screen first. You can find the menu under "Settings - Security - Device Administrators". You should disable the check mark from the Comodo application under Device Administrator menu. If removal protection is set by your company administrator, your device would be locked and you will be asked to enter the unlock password. You can ask your company administrator to get the password. When you unlock it, you should go to “Settings – Application Manager” menu and find the Comodo application from the list. You should tab on application name to see the details on App info menu. Under App info menu, you can see the action buttons. You should choose and tab “Uninstall”. (*Menu names and order could be not exactly as described in here due to Android versions and manufacturer customization. Please contact Comodo if you need further help).
6.Indemnification.
6.1.Indemnification. You 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 your breach of this agreement, information provided by you, your infringement on the rights of a third party, or your violation of a law, including but not limited to any law or regulation relating to the privacy and/or security of your users and their devices.
6.2.Indemnification By Comodo. Comodo hereby agrees to indemnify, defend and hold harmless
You (an “Indemnified Person”), from and against, any and all Losses incurred by You in connection with any claim, action, suit or proceeding by a third party (each, a “Claim”) to the extent such Claim arises out of or results from Comodo’s misappropriation of a trade secret of a third party or direct infringement of any U.S. patent, registered copyright, or registered trademark (“Intellectual Property Infringement”) related to the use of the Product. Comodo’s indemnification obligations shall not apply to the extent any such infringement or misappropriation is the result of: (a) Your independent modification of the Product, or any other product, software or service provided under this agreement where without such modification the Product or other product would not infringe, (b) Your combination of the Product or any other product, software or service provided under this agreement with any other product, or use with any other product, (c) Comodo’s adherence to Your express written instructions where such instructions and any modifications, changes or combinations made as a result of said instructions are solely responsible for the claim of infringement, (d) any Claim based on open source software or other third party code included with the Product, (e) any unauthorized use of the Product, or (f) use of the Product other than in accordance with the Documentation (any applicable administration guide for the current version of the Product).
6.2.1.Remedy and Liability: In the event that a court of final determination and of competent jurisdiction holds that the Product constitutes a direct infringement or use of the Product is enjoined, Comodo shall, at its sole discretion, do one or more of the following: (i) procure for you the right to continue use of the Product, (ii) provide a modification to the Product so that its use becomes non-infringing, (iii) replace the Product with software that is substantially similar in functionality and performance or (iv), if none of the foregoing alternatives is reasonably available to Comodo, Comodo shall refund the residual value of the purchase price paid by you for the infringing Product, depreciated using a straight- line method of depreciation over a three (3) year period from the date of delivery of the Product to you. Comodo may also request You to remove all copies of any Product held to be infringing or giving rise to a Claim.
THE AGGREGATE LIABILITY OF COMODO AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS SECTION OF THE AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNT PAID OR PAYABLE BY YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO A CLAIM. THIS SECTION
STATES COMODO’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
6.3. Indemnification Procedure. Each Indemnified Person must notify the other party promptly (within 14 days) of a demand for indemnification. However, an Indemnified Person’s failure to notify will not relieve the other party from its indemnification obligations except to the extent that the failure to notify materially prejudices a party. The Indemnitor 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. Indemnitor 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.
6.4. Additional Liability. Your indemnification obligations are not Comodo’s sole remedy for a breach and are in addition to any other remedies Comodo may have against you under this agreement. Your indemnification obligations survive the termination of this agreement.
7.Disclaimers and Limitation of Liability.
7.1.Internet. You acknowledge that the Product is subject to the operation and telecommunications infrastructures of the Internet and the operation of your 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 YOUR REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ACKNOWLEDGE THAT IF YOU WISH TO PROTECT YOUR TRANSMISSION OF DATA OR FILES, IT IS YOUR RESPONSIBILITY TO USE A SECURE ENCRYPTED CONNECTION TO COMMUNICATE WITH THE SERVICES.
7.3.Damage Limitation. EXCEPT AS STATED UNDER SECTION 6.2.1 (INDEMNIFICATION FOR INTELLECTUAL PROPERTY INFRINGEMENT), 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 YOU FOR THE PRODUCT. YOU WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, PUNITIVE, 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 YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE USE OR YOUR 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 you. Comodo may amend the privacy policy at any time by posting the amended privacy policy on its website.
8.2.Permissions. Upon your request and permission, Comodo may access your device information and status, location, application list, and license list and Comodo may take action on your device for you remotely. Please see the ITSM user guide for a full list of features.
Comodo may ask you to create a portal or select options based on your geolocation preferences.
The ITSM endpoint agent, Comodo Client Security (CCS), has additional features and permissions including access to device information and device IP address. Please review the corresponding CCS EULA which is included as an Exhibit for more detail.
Event Logging:
Continuous integration of user action event logging to analyze user behavior within the product, as well as event collection for analysis of user funnel data. Device event logging is sent to the cWatch logging system. Logging between the product plugins and back end services for analysis is also performed. Comodo may enable logging for clients to send for Comodo’s investigation of incidents.
Audit logging includes logging of administrator actions with device list actions, such as sign in attempts, basic actions with profiles, procedures sections, actions with RBAC system; logging of CRC events. Also includes malware page action logs and antivirus page action logs.
Comodo Remote Control (CRC) – this feature allows authentication by Comodo One and ITSM credentials; By providing the device list, it allows use without the portal. (for Windows and macOS). Profile management options allow for setting of access permissions. Ability is also provided to select which cloud to connect by geo-location region (U.S. or EU). Access scope restrictions may be set up as well.
Administrator Portal – Admin portal activity logging, admin portal account creation and role based security and authorization implementations. Retrieval of installation origin of OS patches and 3rd party applications.
Installation of Selected Applications – third party applications can be selected and installed to selected devices.
In the event that third party products, features and functionalities are incorporated in or made available in or through a Comodo product, then the policies of those third parties
apply. Please visit each third party’s license agreement and privacy policy to better understand their terms of use, privacy and data collection practices.
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. You 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”, you affirmatively consent to receiving Comodo’s promotional material.
8.5.User Data Compliance. You are responsible for ensuring that you or any users of the Product comply with the obligations under this Agreement. You will duly observe all your obligations under any relevant data protection or privacy law or regulation that may apply, including any obligation to configure the Product appropriately, provide notice, obtain consent, or file documents with any applicable data protection authorities. You are responsible for developing a policy that protects user data, outlines the responsibilities of you and your users, and informs your users of the scope your use of the Product.
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, USA. All notices to you shall be made by posting the notice on the Comodo website.
9.2.Governing Law. The laws of New Jersey, USA govern the interpretation, construction, and enforcement of this Agreement and all proceedings arising out of it, including tort claims, without regard to any conflicts of law principles. 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.
9.3.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 the agreement.
9.4.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 you notice of these amendments by posting the modified agreement to its website. You must periodically visit Comodo’s website to be aware of any changes. Continued use of a Product after an amendment constitutes your acceptance of the change.
9.5.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.
9.6.Force Majeure and Internet Frailties. Other than for payment obligations by you, 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.
9.7.Arbitration. You agree that any dispute, claim or controversy arising out of this agreement shall be determined by binding arbitration. Before you may begin arbitration with respect to a dispute involving any aspect of this Agreement, you 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 Comodo Security Solutions, Inc., 1255 Broad Street, Clifton, New Jersey 07013, USA.
If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following: The laws of New Jersey, USA govern the interpretation, construction, and enforcement of this agreement and all proceedings arising out of it, including tort claims, without regard to any conflicts of law principles. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association if you are located in the United States; or by the International Chamber of Commerce if you are located outside the United States, in accordance with the respective Arbitration Rules for each, with the venue in or Clifton, NJ, USA and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Either party may appear before the panel by telephone.
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.
9.8.Assignment. You may not assign any of your 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 your consent.
9.9.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 the agreement remains valid and enforceable.
9.10.Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and limitations of liability survive the termination of the agreement.
9.11.Rights of Third Parties. There are no third party beneficiaries under the agreement.
ACCEPTANCE
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. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
SCHEDULE A
Included Software and Licenses
The following third party or open source software may be included and is provided under other licenses and/or has source available from other locations.
The following applies to PHP:
The PHP License, version 3.01
Copyright (c) 1999 - 2014 The PHP Group. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, is permitted provided that the following conditions are met:
1.Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2.Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3.The name "PHP" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact group@php.net.
4.Products derived from this software may not be called "PHP", nor may "PHP" appear in their name, without prior written
permission from group@php.net. You may indicate that your software works in conjunction with PHP by saying "Foo for PHP" instead of calling it "PHP Foo" or "phpfoo"
5.The PHP Group may publish revised and/or new versions of the license from time to time. Each version will be given a distinguishing version number. Once covered code has been published under a particular version of the license, you may always continue to use it under the terms of that version. You may also choose to use such covered code under the terms of any subsequent version of the license published by the PHP Group. No one other than the PHP Group has the right to modify the terms applicable to covered code created under this License.
6.Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes PHP software, freely available from <http://www.php.net/software/>".
THIS SOFTWARE IS PROVIDED BY THE PHP DEVELOPMENT TEAM ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PHP DEVELOPMENT TEAM OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to PostgreSQL:
Portions Copyright (c) 1996-2014, The PostgreSQL Global Development Group
Portions Copyright (c) 1994, The Regents of the University of California
Permission to use, copy, modify, and distribute this software and its documentation for any purpose, without fee, and without a written agreement is hereby granted, provided that the above copyright notice and this paragraph and the following two paragraphs appear in all copies.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
The following applies to Yii:
Copyright © 2008-2014 by Yii Software LLC
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
-Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
-Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
-Neither the name of Yii Software LLC nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to Google Protocol Buffers:
Google Protocol Buffers - protobuf
Copyright 2008, Google Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
*Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
*Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
*Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to sscep:
Copyright (c) 2003 Jarkko Turkulainen. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1.Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2.Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY JARKKO TURKULAINEN ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JARKKO TURKULAINEN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to nzmqt:
Copyright 2011-2014 Johann Duscher (a.k.a. Jonny Dee). All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1.Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2.Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY JOHANN DUSCHER ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of Johann Duscher.
The following applies to Leaflet
Copyright (c) 2010-2014, Vladimir Agafonkin Copyright (c) 2010-2011,CloudMade
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1.Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2.Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to NGINX:
Copyright (C) 2002-2014 Igor Sysoev
Copyright (C) 2011-2014 Nginx, Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1.Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2.Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following applies to ORMLite:
Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that 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 Bootstrap:
The MIT License (MIT)
Copyright (c) 2011-2014 Twitter, Inc.
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.
EXHIBIT A
END USER LICENSE AND SUBSCRIBER AGREEMENT
COMODO CLIENT SECURITY
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE COMODO CLIENT SECURITY SOFTWARE (THE “PRODUCT”). THE PRODUCT MEANS ALL OF THE ELECTRONIC FILES PROVIDED EITHER BY DOWNLOAD OR ON PHYSICAL MEDIA (CD-ROM, DVD OR OTHER MEDIA) THAT IS PROVIDED WITH THIS LICENSE AGREEMENT.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AND A CLASS ACTION WAIVER CLAUSE. BY DOWNLOADING, INSTALLING, OR 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 DOWNLOAD OR USE THE SOFTWARE, SUBSCRIBE TO OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.
This end user license and subscriber agreement is between you (“you” or “Subscriber”), as either an individual or as a business entity, and one of the following:
a.if you are located in China, Beijing Comodo Software Development Co. Ltd., which has its principal place of business at 401 Tower B., Fenglan International Plaza, 32 Beidajie Xizhimen, Haidian District, Beijing, China, or
b.if you are not located in China, Comodo Security Solutions, Inc., which has its principal place of business at 1255 Broad Street, Suite 100, Clifton, New Jersey 07013.
If you are located in the European Economic Area, Comodo Security Solutions, Ltd., which has its principal place of business at Third Floor, 26 Office Village, Exchange Quay, Trafford Road, Salford Manchester M5 3EQ, United Kingdom is the entity responsible for any data or information that is processed or controlled and associated with this Product.
Each are referred to herein as “Comodo”.
In exchange for your use of the Product, you agree as follows:
1.License
1.1.Grant of License. Subject to the limits herein, Comodo grants you a non-exclusive, non-sub-licensable, and revocable license to download, install, back-up, and use the Software, including any documentation files or website information accompanying it, on a single network. You shall not resell, lease, sell, modify, reverse engineer, decompile, or create derivative works of the Software. All rights not expressly granted herein are reserved to Comodo.
1.2.Restrictions. The licenses granted herein are only valid if:
(i)the Product is NOT modified in any manner;
(ii)the Product is only installed and used in accordance with your network security policies,
(iii)you possess the necessary authority and power to install and use the Product,
(iv)you promptly pay 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, you must provide accurate information and must update the registration information if it changes. Comodo may limit your ability to use the Product if you fail to complete a required registration process. You may also be required to select a username and password. Maintaining the confidentiality of this password and username is your responsibility. You must notify Comodo immediately of any unauthorized use of your account.
1.4.Limited License. The licenses granted herein are only for the number of computers for which you paid for the Product. You can secure additional computers by obtaining a separate license for each computer, which might require an additional fee. You must have a license for each computer 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 your use and installation of the update. The Product may update automatically without notice.
1.6.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 you receive with this Product, then the term for the licenses granted herein shall be for the term that you purchased. All trial, evaluation, and beta licenses are limited to one per customer. Generally, credit card or account information is required to access a free trial. However, Comodo shall not charge your credit card or account until the trial period has ended. At the end of the trial period, Comodo may bill the credit card or account for the Product without further notice.
Participants in a free trial are not entitled to a 30 day refund period as described in section 6.4. Your 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.
2.Specific Licenses - The Product may include the following specific licenses:
2.1.Comodo Security Software. Comodo Client Security (CCS) includes the Comodo Firewall and Antivirus products. No technical or customer support is provided for CCS separate from the Product as described. Installation of CCS may include installation of additional Products. Use of these Products may be disabled until you pay for the Products.
2.2.Containment Services.
Containment is a service that isolates unknown programs. By default any unknown programs identified as potential malware are executed inside a containment sandbox and then automatically sent to Comodo for malware analysis. If a program is found by Comodo to be malicious it is then added to the CCS malware definitions list. If it found to be safe it is added to CCS safe program list. The next time CCS receives antivirus updates, CCS scans all the programs running inside the containment sandbox. If any program is found to be malicious, the containment sandbox isolates the program and moves it to the quarantine list to protect your computer. Safe programs are removed from containment and are no longer executed inside containment. To disable Containment and/ or automatic submission of programs to
Comodo, go to “Containment Settings” and uncheck the appropriate boxes.
3.Ownership
3.1.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.
3.2.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 you herein are expressly reserved by Comodo. You may not remove any copyright or other proprietary notice of Comodo from the Product.
3.3.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. You accept 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 your use or reliance on any of the content, goods or services, or information available through third party sources regardless of how presented.
3.4.Submissions. 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.
4.Payment
4.1.Fees. You may use the Software only after paying Comodo any applicable fees for the Software. For other Comodo Products, you must pay the fee listed on Comodo’s website prior to using or accessing those Products. Free and paid for Product are listed on www.comodo.com. Comodo may modify fees for paid products in its sole discretion. Your failure to terminate this agreement after a fee change is posted to Comodo’s website constitutes your acceptance of amended prices, which will apply upon your renewal of the Product.
4.2.Method of Payment. All fees must be paid in advance. Comodo may automatically charge the credit card or account provided for renewing subscriptions to the Product. However, you remain solely responsible for any renewal payment. If renewal payments are not made before a subscription expires, Comodo may, without notice, restrict or remove your access to the Product.
4.3.Rejected Charges. If any charges are rejected by your credit card issuer or the account provided is closed, 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 shall provide Comodo notice of any billing problems or disputes within 60 days after the charge first appears on a statement you receive from your bank, credit card company, invoice, or other billing company. Failure to notify Comodo of the problem within the 60 day period is your acceptance of the charges. Comodo is not obligated to provide a refund for any unused Product.
5.Restrictions
5.1.Lawful Use. The Product is solely for lawful purposes and use. You are responsible for ensuring that your use of the Product is in accordance with this agreement and any applicable laws, statutes, ordinances, regulations, rules and other government authority.
5.2.Compliance. You 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; 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.
5.3.Export. You represent that you are 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 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.Termination.
6.1.Term. This agreement is effective until terminated by you or by Comodo. You may only use paid Product during the period for which you have paid the subscription fee. The subscription may be renewed by paying an additional license fee as set forth on the Comodo website.
6.2.Termination by You. For free software, you may terminate this agreement at any time by removing all copies of the software in your possession or under your control. All paid Product 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.
6.3.Termination by Comodo. Comodo may terminate this agreement for non-payment by delivering notice of the termination or sending an email to the address provided during your 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 your use to be excessive, Comodo may, with email notice, terminate your account or adjust the price of the Product.
6.4.Refunds. After purchasing the Product, you may cancel your subscription at any time. Unless you have participated in a promotion under section 1.6, you may be entitled to a refund. If you cancel your subscription within the first 30 days after making payment and are eligible for a refund, Comodo shall refund to you the full amount paid by you. To request a refund, you must email refunds@comodo.com within 30 days of the purchase date.
6.5.Events Upon Termination. Upon termination, you must immediately cease using the Product and delete all copies of any related software found on your computer 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 you. No refunds shall be given for any reason.
7.Indemnification.
7.1.Indemnification By You. You 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 your breach of this agreement, information provided by you, or your infringement on the rights of a third party.
7.2.Indemnification By Comodo. Comodo hereby agrees to indemnify, defend and hold harmless You (an “Indemnified Person”), from and against, any and all Losses incurred by You in connection with any claim, action, suit or proceeding by a third party (each, a “Claim”) to the extent such Claim arises out of or results from Comodo’s direct infringement or misappropriation of a trade secret of a third party or of any U.S. patent, registered copyright, or registered trademark (“Intellectual Property Infringement”) related to the use of the Product. Comodo’s indemnification obligations shall not apply to the extent any such infringement or misappropriation is the result of: (a) Your independent modification of the Product, or any other product, software or service provided under this agreement where without such modification the Product or other product would not infringe, (b) Your combination of the Product or any other product, software or service provided under this agreement with any other product, or use with any other product, (c) Comodo’s adherence to Your express written instructions where such instructions and any modifications, changes or combinations made as a result of said instructions are solely responsible for the claim of infringement, (d) any Claim based on open source software or other third party code included with the Product, (e) any unauthorized use of the Product, or (f) use of the Product other than in accordance with the Documentation (any applicable administration guide for the current version of the Product).
7.2.1.Remedy and Liability: In the event that a court of final determination and of competent jurisdiction holds that the Product constitutes a direct infringement or use of the Product is enjoined, Comodo shall, at its sole discretion, do one or more of the following: (i) procure for you the right to continue use of the Product, (ii) provide a modification to the Product so that its use becomes non-infringing, (iii) replace the Product with software that is substantially similar in functionality and performance or (iv), if none of the foregoing alternatives is reasonably available to Comodo, Comodo shall refund the residual value of the purchase price paid by you for the infringing Product, depreciated using a straight- line method of depreciation over a three (3) year period from the date of delivery of the Product to you. Comodo may also request You to remove all copies of any Product held to be infringing or giving rise to a Claim.
THIS SECTION STATES COMODO’S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
7.3. Indemnification Procedure. Each Indemnified Person must notify the other party promptly (within 14 days) of a demand for indemnification. However, an Indemnified Person’s failure to notify will not relieve the other party from its indemnification obligations except to the extent that the failure to notify materially prejudices a party. The Indemnitor 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. Indemnitor 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.
7.4.Additional Liability. Your indemnification obligations are not Comodo’s sole remedy for a breach and are in addition to any other remedies Comodo may have against you under this agreement. Your indemnification obligations survive the termination of this agreement.
8.Disclaimers and Limitation of Liability.
8.1.Internet. You acknowledge that the Product are subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond Comodo’s control.
8.2.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 YOUR REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
8.3.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 YOU FOR THE PRODUCT OR IF THIS IS A FREE PRODUCT UP TO A MAXIMUM OF ONE HUNDRED U.S. DOLLARS ($100 USD). YOU WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, 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.
8.4.Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE PRODUCT IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE USE OR YOUR 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.
8.5.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.
8.6.Limitations on Remedy. All actions or claims relating to this agreement must be brought within one (1) year from the date when the cause of action occurred.
9.Privacy.
9.1.Privacy and Information Access. 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 you. Comodo may amend the privacy policy at any time by posting the amended privacy policy on its website.
By accepting this Agreement, you are providing express permission for the following information to be obtained by this program:
Data and information that is collected from users for statistics and analysis during Comodo product installation, uninstallation and product update(s) in order for Comodo to know specific Comodo product usage on various operating systems, and to assist in further product planning and support include:
Anonymous Computer ID; Comodo defined integer values for Product ID, Channel ID, Affiliate ID and selected Interface Language, Comodo product version; operating system name, platform, language, build and version; input e-mail (if optionally provided during installation); Comodo product related license information; settings for consent to data collection; if the web filtering feature is enabled and a browsed URL is a heuristic match with a malicious website database, the URL may be sent to Comodo for further analysis.
The following information is also sent to Comodo to determine active users:
Anonymous Computer ID; Comodo defined integer values for Product ID, Channel ID and Affiliate ID; and Comodo product version.
The following information is only sent to Comodo based on consent:
Install options;
Comodo application usage (i.e. Comodo product launch and which features and interfaces used);
Information on executed files which includes the file path, file size, the file’s sha-1 hash, Comodo verdict and source of verdict, user’s decision on application, parent application sha-1 hash, url associated with the file, IP of domain from where the file is downloaded, browser name and version from where a file is downloaded, if the file is seen as an installer by product, a file’s digital signing status, digital signer name if the file is signed; Information on installed browser, such as name, search engine and home page settings; Default browser;
Crash dumps of Comodo application and Kernel crash dumps.
In order to investigate crashes in the context of the system, computer information as extracted using Microsoft tool “msinfo32.exe /nfo” is sent, which contains complete system information including but not limited to, the categories of “Hardware Resources”, “Components”, and “Software Environment” with information about installed applications.
Comodo Product(s) may produce log files of information about certificate revocation checks which are transmitted to Comodo for analysis. No correlation of personally identifiable information is made or included in the log files.
Additional particular details of information collection include:
The file/application list is scanned; reporting of information of scan events to Comodo’s ITSM server/ portal for integration, where the scan events will be shown on ITSM portal per device;
System information via PAAR Service (Information about the computer or device such as computer ID, operating system language, operating system type);
User events, (such as install, uninstall, and updates), logging, heartbeat, operating system changes, installation failure via Comodo Messaging Center Service. Upon enablement of functionality, collection includes global machine code, operating system version, and any changes to OS.
Administrator access control for device;
Data reporting to Comodo of response errors and response time for the following services: FLS, Valkyrie, ITSM File Rating, and download.comodo.com, as well as determining if these services are available.
Options to automatically submit crash reports for CCS processes crash and Windows crashes and event logs are also available.
CCS also sends the following information to Comodo’s FLS:
Scan of files; file downloads from URLs and from which URL the file is downloaded; domain IP, browser name; parent hash if the file/process has a parent process; user id; product id; product version; installer; file size; file type; file path; digital signature status; file hidden status; verdict source; caller type; value of signer name of the code signing digital signature; enterprise field; enterprise value; registration and de-registration information; logging the parent process of file-less script launched in Containment.
CCS monitors file upload/download status and the duration of such. Monitoring and reporting of file operations including any upload to Comodo Valkyrie, upload to Comodo account manager service (if configured), downloading updates from download.comodo.com or other configured updating service. Reporting of unrecognized files that have stayed unrecognized for a given time period. Downloads of the local verdict service database updates is also allowed.
A recognizer function of the program blocks suspicious applications from dropping files into a user’s auto run folder and has the ability to choose applicable actions.
CCS may also send logs to third party logging systems, these could include event logs, system logs, and external files.
CCS also creates, as needed, files or other items (such as logs, registry, keys etc.) required by the operating system for compatibility purposes.
9.2.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.
9.3.Opt Out. You 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 AGREE”, you affirmatively consent to receiving Comodo’s and its affiliates’ promotional material.
9.4.File Submission. This product may automatically submit to Comodo any files or programs that are identified as potential malware, including information on the actions taken by such files. The collected files could potentially contain personally identifiable information that has been obtained within the file which was identified as a potential malware file. 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. Comodo will not correlate these files with any personally identifiable information.
10.Miscellaneous
10.1.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, Suite 100, Clifton, New Jersey 07013. All notices to you shall be made by posting the notice on the Comodo website.
10.2.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 the agreement.
10.3.Modifications. Comodo may amend or discontinue certain 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 the Product. Comodo may amend this agreement to the extent allowed by law. Comodo will give you notice of these amendments by posting the modified agreement to its website. You must periodically visit Comodo’s website to be aware of any changes. Continued use of a Product after an amendment constitutes your acceptance of the change.
10.4.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.
10.5.Force Majeure and Internet Frailties. Other than for payment obligations by you, 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.
10.6.Arbitration.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY TRIAL IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.
You agree that any dispute, claim or controversy arising out of this agreement shall be determined by binding arbitration, except as indicated at the end of this section below. Before you may begin arbitration with respect to a dispute involving any aspect of this Agreement, you 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 settled by arbitration administered by the American Arbitration Association if you are located in the United States; or by the International Chamber of Commerce if you are located outside the United States, in accordance with the respective Arbitration Rules for each, with the venue in or Clifton, NJ, USA and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Either party may appear before the panel by telephone. Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement.
You and Comodo agree that “dispute, claim or controversy” as defined in this Agreement shall not include any claim or cause of action by You or Comodo for trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution. You agree that a Court, not an Arbitrator, may decide if a claim falls within one of these exceptions.
10.7.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.
10.8.Governing Law
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.
10.9.Assignment. You may not assign any of your 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 your consent.
10.10.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 the agreement remains valid and enforceable.
10.11.Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and limitations of liability survive the termination of the agreement.
10.12.Rights of Third Parties. There are no third party beneficiaries under the agreement.
ACCEPTANCE
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. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
SCHEDULE A
Included Software and Licenses
The following third party or open source software may be included and is provided under other licenses and/or has source available from other locations.
SQLite
(Public domain)
FileHash.h
https://github.com/JoeKun/FileMD5Hash/blob/master/Library/FileHash.h
(Apache v2.0 http://www.apache.org/licenses/LICENSE-2.0 )
Open DLAP License
https://github.com/LMDB/lmdb/blob/mdb.master/libraries/liblmdb/LICENSE
Luajit
http://luajit.org/luajit.html MIT License
https://opensource.org/licenses/mit-license.php
EXHIBIT B
COMODO VALKYRIE TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER WHICH REQUIRES THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL FOR CERTAIN DISPUTES.
IMPORTANT—READ THESE TERMS CAREFULLY BEFORE USING VALKYRIE (“SERVICES”). BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO THEM.
These terms and conditions (“Terms”) govern the relationship between you and Comodo Security Solutions, Inc., with its principal place of business at 1255 Broad Street, Clifton, NJ 07013, United States, (“Comodo”) with respect to your use of the Services.
1. Use of Services
You agree to submit files to Comodo only for the purpose of malware analysis. You agree that you shall have no right to any file after its submission and that all submissions shall be deemed NOT CONFIDENTIAL. Comodo may use submitted files and the results of its test in any manner it sees fit and you grant Comodo an irrevocable license to modify, use, display, perform, reproduce, transmit, and distribute any submitted files. You agree that all testing shall be conducted in Comodo’s sole and absolute discretion. Comodo does not guarantee that a report will be generated for each file submitted. Comodo does not guarantee that a generated report will be accurate or that Comodo will detect all malware. Any generated report shall be solely owned by Comodo.
2. Restrictions
You agree to not use the Services to:
iengage in unlawful activity or to use the Services in an unlawful manner
iiuse the Services in any manner that is likely to damage, disable, overburden or impair the Services (excluding the submission of malware to Comodo);
iiiuse automated scripts to collect information from or otherwise interact with the Services;
ivtransmit content that would reasonably be considered harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
vimpersonate any person or entity, or falsely state or otherwise misrepresent yourself;
vitransmit any private information; or
viitransmit content that would constitute or encourage criminal offense, violate the rights of any party, create liability for Comodo, or violate any local, state, national or international law.
3. Disclaimer of Warranties
ANY USE OF THE SERVICES IS AT YOUR OWN RISK AND THE SERVICES MAY NOT OPERATE AS INTENDED. COMODO, ITS AFFILIATES, AND THEIR LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY USE OF THE SERVICES. THE SERVICES MAY NOT OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION. COMODO MAKES NO REPRESENTATIONS THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM.
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 SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE.
4. Permissions and Privacy Policy
The Valkyrie Services may integrate with other Comodo products and services, such as File Analysis Tool (with report generation) and REST Services. These may include requests for you to submit file paths and user email address(es). The scan session detail page link can be sent to a user email after scan completion. Further, the scan session email and/or user email may be sent to Comodo sales and marketing for follow up contact.
YOU ARE GIVING EXPRESS PERMISSION FOR RECEIVING SALES AND MARKETING COMMUNICATIONS FROM COMODO BY EMAIL AND TELEPHONE.
Comodo shall follow the privacy policy posted on its website at:
https://www.comodo.com/repository/privacy-policy.php and https://www.comodo.com/repository/css-information-collection.php
when collecting and using information from you. Comodo may amend the privacy policy at any time by posting the amended privacy policy on its website.
Any history in Comodo’s possession older than thirty (30) days may be deleted, including history and dashboard data.
You are also giving express permission to receive notification emails and alerts with respect various product features, including uncertain verdicts.
Valkyrie Services also include optimization with Comodo’s ITSM product and can receive statistics regrading files submitted/queried for a given client, as well as retrieving information about each file for a given client. You are giving express permission for retrieval of the statistics and information of the files.
In Managed Service Provider (“MSP”) use, the following permissions apply:
When in use with MSP’s, the files of an MSP group can be reached by that MSP’s users.
When an MSP with a Valkyrie license on the Comodo One platform: (i) creates a user, a user is also created automatically on Valkyrie; (ii) updates a user, that user is updated on Valkyrie automatically; (iii) deletes a user, that user is deleted on Valkyrie automatically.
In the event that third party features and functionalities are incorporated in or made available in or through Comodo Product(s), then the policies of those third parties apply. Please visit each third party’s license agreement and privacy policy to better understand their terms of use and data collection practices.
5. Limitation of Liability
COMODO, ITS LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RELATED TO THE USE OR INABILITY TO USE THE SERVICES. COMODO WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) EVEN IF COMODO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION UNDER ALL LEGAL THEORIES, INCLUDING THEORIES OF CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, NEGLIGENCE, AND OTHER TORTS. To the extent that your jurisdiction does not allow the limitation or exclusion of liability for incidental or consequential damages, this exclusion may not apply to you. In such circumstances, Comodo’s liability shall be limited to a maximum of the minimum allowable liability in that jurisdiction.
6.Indemnity
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 breach of these Terms, (b) falsehoods or misrepresentations of fact by you, or (c) your use or misuse of the Services. Comodo has the right to participate in any defense of a third-party claim related to your use of the Services, with counsel of our choice. You shall have sole responsibility to defend Comodo against any claim, but you must receive Comodo’s prior written consent regarding any related settlement. The terms of this paragraph will survive these Terms.
7. Arbitration / Governing Law
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY TRIAL IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.
You agree that any dispute, claim or controversy arising out of this agreement shall be determined by binding arbitration. Before you may begin arbitration with respect to a dispute involving any aspect of this Agreement, you 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.
These Terms shall be governed by and construed in accordance with the laws of the state of New Jersey, United States of America, without regard to any conflicts-of-law rules. You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of New Jersey and waive any right you may have to object to or seek to change such jurisdiction or venue.
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: 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 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.
8. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be unenforceable or illegal, such provision shall be modified to the minimum extent necessary to make the provision enforceable. The remainder of the Terms shall remain in full force and effect.
9. Force Majeure
Comodo is not responsible for any cessation, interruption or delay in the operation of the Services or performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, communications outages, Internet frailities, or any other causes whether or not of the same class or kind as those specifically above named.
10. Amendments
Any waiver of these Terms shall only be effective if it is in writing and signed by both parties. Comodo may change the Terms and the Services without prior notice to you. You should check the Terms each time you use or access the Services. Your use of the Services after any changes to the Terms constitutes your acceptance of the new terms. Section headings are for convenience only and shall not be considered in the interpretation of these Terms.
11. Notices
All notices, demands or requests to Comodo with respect to these Terms shall be made in writing to: Comodo Security Solutions, Inc., 1255 Broad Street, Clifton, New Jersey 07013.
ACCEPTANCE
BY USING THE SERVICES OR CLICKING “SUBMIT”, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS HEREIN. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Valkyrie Third Party Software
The following third party software may be distributed with, and is provided under, other licenses and/or has source available from other locations.
Cuckoo Sandbox GNU GLPv3
https://github.com/spender-sandbox/cuckoo-modified/blob/master/docs/LICENSE
ipwhois https://github.com/secynic/ipwhois/blob/master/LICENSE.txt
https://docs.python.org/3/license.html
Copyright 2001-2017 Python Software Foundation; All Rights reserved
jqvmap https://github.com/manifestinteractive/jqvmap/blob/master/LICENSE
data-driven documents BSD-3-Clausehttps://opensource.org/licenses/BSD-3-Clause
D3-based reusable chart library MIT License https://opensource.org/licenses/MIT