USER LICENSE AGREEMENT
WEBINSPECTOR
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR
USING COMODO WEBINSPECTOR ("SERVICES"). BY DOWNLOADING, INSTALLING, OR USING
THE SERVICES OR BY CLICKING ON "I ACCEPT" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO ITS TERMS. IF
YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT DOWNLOAD OR USE THE SERVICES OR
CLICK ON "I ACCEPT".
This user license agreement is between you ("you" or "Subscriber"), as either an
individual or as a business entity, and Comodo Security Solutions, Inc. ("Comodo"),
which has its principal place of business at 525 Washington Blvd., Suite 1400,
Jersey City, New Jersey 07310. In exchange for your use of the Services, you
agree as follows:
1. License
1.1. Grant of License. Comodo grants you a royalty-free, limited,
non-exclusive, non-transferable, and revocable license to use Comodo
WebInspector (the "Services") for personal purposes, including any
documentation and files accompanying the Services. You shall not
resell, lease, sell, modify, reverse engineer, decompile, proxy, or
create derivative works of the Services. All rights not expressly
granted herein are reserved to Comodo.
1.2. Restrictions. The licenses granted herein are only valid if:
(i) the Services are NOT modified in any manner;
(ii) the Services are only installed and used in accordance with
your network security policies,
(iii) you posses the necessary authority and power to install and
use the Services, and
(iv) this agreement is accepted without modification and has
not been breached.
1.3. Updates. Comodo is not obligated to provide updates to the Services.
If an update is provided and the update is not accompanied by an
additional agreement, this agreement applies to your use and
installation of the update. Some Comodo Services update automatically
without notice and you accept such updates.
1.4. Scanning. The Services serve only as a passive conduit to provide the
website you request for known malware and other security risks. The
Services do not guarantee or ensure that the scanned website is free
of all security risks. You are solely responsible for securing and
protecting your system.
2. Ownership
2.1. No Ownership Rights. The Services are being licensed, not sold. Comodo
retains all ownership rights in and to all Services, including any
intellectual property rights therein.
2.2. Content. Any content made available or accessible through the Services
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
Services, 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.
2.3. 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. Restrictions
3.1. Lawful Use. The Services are solely for lawful purposes and use. You are
responsible for ensuring that your use of the Services is in accordance
with this agreement and any applicable laws, statutes, ordinances,
regulations, rules and other government authority.
3.2. 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 Services to infringe
the privacy or intellectual property rights of a third party; (4) not use
the Services 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 Services 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.
3.3. Export. You represent that you are not located in and will not modify,
export or re-export, either directly or indirectly, the Services 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.
4. Termination.
4.1. Term. This agreement is effective until terminated by you or by Comodo.
4.2. Termination by You. You may terminate this agreement at any time by
stopping your use of the Services.
4.3. 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 Services.
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 restrict your access to the Services.
4.4. Events Upon Termination. Upon termination, you must immediately cease
using the Services and delete all copies of any related Services found
on your computer and any backup copies made.
5. Indemnification.
5.1. 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,
or your infringement on the rights of a third party.
5.2. Indemnification Procedure. Comodo shall notify you promptly of any demand
for indemnification. However, Comodo’s failure to notify will not relieve
you from your indemnification obligations except to the extent that the
failure to provide timely notice materially prejudices you. You 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. You 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.
5.3. 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.
6. Disclaimers and Limitation of Liability.
6.1. Use Limitations. You acknowledge that the Services 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. The Services are not designed for high-risk
environments, a failure of which could lead to death, personal injury,
or severe damage.
6.2. Collected Files. This product may automatically submit to Comodo any
files or programs that are unknown or untrusted, including information
on the actions taken by such files. The collected files could contain
personally identifiable information that has been obtained by any of
the identified pending/unrecognized file without your permission. Files
of this type are being collected by Comodo only for the purpose of
improving the ability of Comodo’s products to detect malicious behavior.
Comodo will not correlate these files with any personally identifiable
information. The automatic submission function may be deactivated by
de-selecting this option in the General Settings.
6.3. Disclaimer; Assumption of Risk. THIS SERVICES ARE PROVIDED "AS-IS".
EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT, COMODO
EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE SERVICES.
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
SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, 2) THAT THE
SERVICES WILL DETECT OR REMOVE VIRUSES, 3) THAT FILES WILL BE RESTORED
TO ANY OEPRATIONAL STATE, OR 4) THAT ACCESS TO THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
6.4. Damage Limitation. YOU WAIVE ALL LIABILITY OF COMODO AND ITS AFFILIATES,
AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND
CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT, INCLUDING
ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR DATA. THIS WAIVER 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.
6.5. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH
THE SERVICES 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 SERVICES AND
CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR DATA.
6.6. 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.
6.7. 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.
7. Privacy.
7.1. Privacy Policy. Comodo shall follow the privacy policy posted on its
website at http://www.comodo.com/repository/privacy_agreement.html 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.
7.2. 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.
7.3. Opt Out. You may opt-out of having information used for purposes not
directly related to the Services 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.
8. Miscellaneous
8.1. 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., 525 Washington Blvd., Suite 1400, Jersey
City, New Jersey 07310. All notices to you shall be made by posting
the notice on the Comodo website.
8.2. 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.
8.3. Modifications. Comodo may amend or discontinue the Services offered
under this agreement in its sole discretion. 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.
8.4. 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 form
the waived provision.
8.5. 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.
8.6. Governing Law and Venue. The laws of the state of New Jersey 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. All proceedings or legal action arising from
this agreement must be commenced in the state or federal courts of
New Jersey. Both parties agree to the exclusive venue and jurisdiction
of these courts.
8.7. 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.
8.8. Severability. Any provision held invalid or unenforceable will be
reformed to the minimum extent necessary to make the provision valid
and enforceable. If reformation is not possible, the provision is
deemed omitted and the balance of the agreement remains valid and
enforceable.
8.9. Survival. All provisions relating to confidentiality, proprietary rights,
indemnification, and limitations of liability survive the termination of
the agreement.
8.10. 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. DO NOT CLICK
THE "I ACCEPT" BUTTON IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
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