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End User License and Subscriber Agreement Comodo Internet Security Premium With 60 Day Free Geekbuddy Trial

IMPORTANT - PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, or USING Comodo's security Software. If you do not agree to the terms, do not download or use the Products. You shall not resell, lease, sell, modify, reverse engineer, decompile, or create derivative works of the Software.

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0% found this document useful (0 votes)
124 views14 pages

End User License and Subscriber Agreement Comodo Internet Security Premium With 60 Day Free Geekbuddy Trial

IMPORTANT - PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING, or USING Comodo's security Software. If you do not agree to the terms, do not download or use the Products. You shall not resell, lease, sell, modify, reverse engineer, decompile, or create derivative works of the Software.

Uploaded by

ckc037
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
You are on page 1/ 14

END USER LICENSE AND SUBSCRIBER AGREEMENT

Comodo Internet Security Premium with 60 Day Free GeekBuddy Trial

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING,


INSTALLING, OR USING COMODO’S SECURITY SOFTWARE OR USING COMODO’S
SECURITY SUITE SERVICES (“PRODUCTS”). BY DOWNLOADING, INSTALLING, OR USING
THE PRODUCTS, 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 either:

a. if you are not located in China, Comodo Security Solutions, Inc., which has its
principal place of business at 525 Washington Blvd., Suite 1400, Jersey City, New
Jersey 07310, or

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.

In exchange for your use of the Products, you agree as follows:

1. License

1.1. Grant of License. Comodo grants you a limited, non-exclusive, non-transferable, and
revocable license to download, install, back-up, and use the Software and Services
(collectively, the “Products”) you have paid for, including any documentation and files
accompanying the Products. 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 Products are NOT modified in any manner;

(ii) the Products 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
Products,

(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 Products, you must provide accurate information and
must update the registration information if it changes. Comodo may limit your ability
to use the Products 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 Products. 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 use the Products
prior to installing or using the Products.

1.5. Updates. Comodo is not obligated to provide updates to the Products. 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 Products update
automatically without notice.

1.6. Trial, Evaluation, and Beta. If this agreement pertains to a trial, 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 Products. All trial, evaluation, and
beta licenses are limited to one per customer. Generally, credit card information is
required to access a free trial. However, Comodo shall not charge your credit card
until the trial period has ended. At the end of the trial period, Comodo may bill the
credit card for the Products without further notice. Participants in a free trial are not
entitled to a 30 day refund period as described in section 8.4. Your termination of
this agreement prior to the end of the free trial is required to avoid fees for the
Products. 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

2.1. Comodo Security Software. Comodo Internet Security (CIS) may be used royalty-
free for both commercial and personal use. CIS includes the Comodo Firewall and
Antivirus products. No technical or customer support is provided for CIS separate
from the Products described in section 2.5. Installation of CIS may include
installation of additional Products. Use of these Products may be disabled until you
pay for the Products.

2.2. TrustConnect. The TrustConnect client software is not included herein as a Product
and is a derivate work of OpenVPN and is licensed under both the terms of the
OpenVPN license which is attached as Schedule A and GPLv2. The terms of the
OpenVPN license do NOT apply to the services provided in connection with the
software. Instead, the terms of the service are governed solely by this agreement
and the Privacy Agreement referenced herein. Technical support is not provided for
TrustConnect.
2.3. DNS Services
(i) With your permission, CIS will reconfigure your DNS settings to point to the
Comodo name servers to accept, process, and resolve recursive DNS
queries (“Recursive Traffic”). Comodo may re-direct or terminate Recursive
Traffic that Comodo, in its sole discretion, determines or considers to be
harmful or invalid. You must not disclose the NameServer addresses to any
third party who has not accepted this Agreement.

(ii) Upon termination of this agreement, you must change your DNS settings
away from Comodo’s NameServers. Comodo is not required to provide
access to alternative services at termination.

(iii) The DNS services contain links to websites operated by third parties ("Third
Party Sites"). These links are for your convenience only. Comodo does not
endorse, control, monitor, or verify the contents of the Third Party Sites and
is not liable for the contents or for any loss, damage or injury sustained
arising out of your access to the Third Party Sites.

2.4. GeekBuddy Services

(i) Comodo’s GeekBuddy services (“GEEKBUDDY”) are Comodo’s paid-for


chat-based support services as described on the Comodo website. You are
being provided with a free sixty (60) day trial version of Comodo’s
GeekBuddy services with this license to Comodo Security Suite Premium.
Comodo may discontinue offering and may terminate the free trial version at
any time. Comodo may change the specific scope of GEEKBUDDY without
notice.

(ii) GEEKBUDDY is provided only after you contact the GEEKBUDDY support
staff using software provided by Comodo. GEEKBUDDY is provided via
Internet chat and remote desktop sharing, and access to the Internet is
required to use GEEKBUDDY. You are responsible for providing and
maintaining your Internet connection. A high speed Internet connection is
highly recommended in order to avoid delays or problems with
GEEKBUDDY. You are responsible for ensuring that use of GEEKBUDDY
complies with all applicable computer and network policies. Prior to using
GEEKBUDDY, you must have administrator rights to the computer, have a
back-up of all data on the computer, and provide Comodo with correct and
accurate information.

(iii) You authorize Comodo to access your computers and delete the files that
Comodo deems unnecessary to your computers’ operation. You grant
Comodo express permission to alter the registry of any computer using
GEEKBUDDY and to install, configure, and use additional software on your
computers as Comodo sees fit.

(iv) You shall assist Comodo as reasonably requested by Comodo in diagnosing


problems with computers using GEEKBUDDY. Your failure to cooperate with
the Comodo representative constitutes a breach of this agreement. The
Comodo representative has sole discretion over any instructions and steps
taken in providing the GEEKBUDDY services.

(v) The Comodo support representative may need to download, run, or use
software on your computer to assist in diagnosing and resolving computer
problems. Such software may include toolbars, utilities, and other tools that
allow Comodo to improve computer performance and solve technical
problems (collectively, the “Diagnostic Software”). Use of all Diagnostic
Software is subject to the license agreements associated with the Diagnostic
Software and you must accept and comply with all such license agreements.

(vi) The scope and extent of GEEKBUDDY is limited to the options selected by
you when registering for GEEKBUDDY. Comodo performs the
GEEKBUDDY services in any manner it sees fit. GEEKBUDDY does not
cover restoration services, repair services, lost or expected profits, lost or
corrupted data, lost or deleted work, or lost or damaged personal files.
Comodo does not guarantee against the loss of any file, information, or data.
Unless your subscription to the services states otherwise, you are solely
responsible for backing up and safely storing its data, information, and files.
You shall (1) obtain and pay for all equipment and third-party services
required to use and receive the GEEKBUDDY services and (2) be
responsible for all content on both your computer and network.

(vii) Comodo provides GEEKBUDDY using commercially reasonable efforts.


Comodo does not represent that that commercially reasonable efforts will
optimally configure a network or provide you with any significant energy
savings

2.5. Auto Sandbox Services.


A service that isolates unknown programs. By default an unknown programs are
executed inside 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 CIS
malware definitions list. If it found to be safe it is added to CIS safe program list. The
next time CIS receives antivirus updates, CIS scans all the programs running inside
sandbox. If any program is found to be malicious, sandbox isolates the program and
moves it to the quarantine list to protect your computer. Safe programs are removed
from sandbox and are no longer executed inside sandbox. To disable Auto Sandbox
and/ or automatic submission of programs to Comodo, go to “Sandbox Settings” and
uncheck the appropriate boxes.

3. Limited Guarantee

3.1. Scope. Some versions of the Products include a limited guarantee that is valid for
one year from the date of the Product’s activation by the original purchaser. The
guarantee covers the repair of certain damage that could occur to a computer as a
result of malware. Each license of the guarantee can cover up to three computers on
the same home network, provided that each computer qualifies for guarantee
coverage as explained herein. To qualify, each computer must have 1) the minimum
requirements to install and run the Product, 2) the guarantee activated using the
license key provided by Comodo, 3) the correct version of CIS installed on the
computer, and 4) a CIS system scan run to verify that the computer is free from
malware. The guarantee does not apply if a computer 1) is unable to access the
Internet, 2) more than one year has lapsed since the date of the Product’s activation
by the original purchaser, 3) the computer has preexisting malware, 4) does not have
CIS installed and operating in the correct functional state. After installing the CIS,
you must, on each computer, a) keep CIS operating at all times in one of 1) Paranoid
Mode, 2) Train with Safe Mode, or 3) Clean PC Mode and b) not disable or remove
the CIS. The guarantee excludes all damage caused by a hardware failure or
caused by non-malware software. THE LIMITED GUARANTEE IS ONLY
AVAILABLE TO YOU IF YOU ARE A RESIDENT OF THE UNITED STATES AND
HAVE PURCHASED A VERSION OF THE SOFTWARE THAT INCLUDES THE
GUARANTEE, FREE AND OR TRIAL VERSIONS OF THE SOFTWARE DO NOT
INCLUDE THE GUARANTEE. The guarantee is non-transferrable, and can only be
used by the original purchaser of the Software.

3.2. Limits. The guarantee is limited to the lesser of

(i) The actual cost of the computer;

(ii) An aggregate total of $500 for all claims paid under a single license key, and

(iii) The actual cost of a Comodo specified and authorized third party provider to
repair the computer to an operating condition (“Guarantee Limit”).

The guarantee is limited to repairing the computer over the Internet to an operational
state and excludes all claims for lost or expected profits, lost or corrupted data, lost or
deleted work, or lost or damaged personal files. Comodo does not guarantee against
the loss of any file or information. The guarantee is void if you breached this
agreement, failed to follow the procedures described in this Section 3, or failed to pay
any fees applicable to your use of the Software.

3.3. Claims. If a computer qualifying under Section 3.1 becomes infected with malware
you must take the following steps: 1) backup all data on the computer, 2) promptly
contact Comodo over the Internet by email at: guarantee@comodo.com, and 3) allow
a Comodo support representative to remotely connect to the infected computer and
remove the malware. Comodo only provides remediation services over the Internet
and you must be able to access the Internet to use the limited guarantee. Damage to
a computer by anything other than malware is not covered by the limited guarantee.
If a Comodo support representative cannot connect to the computer because of the
malware, the limited guarantee does not apply. To qualify for a payment under the
limited guarantee, you must allow Comodo access to each infected computer and
must assist Comodo in any manner necessary to remove the malware and repair the
computer. Failure to cooperate with a Comodo representative voids the guarantee.
The instructions and steps necessary to fix the computer and provide the support are
in the Comodo representative’s sole discretion.
3.4. Diagnostic Software. The support representative may download, run, or use software
on your computer to remove the malware and restore the computer to its pre-
infection operating condition. This software includes software that can control your
computer remotely along with Diagnostic Software. You shall accept any license
agreement required to use the Diagnostic Software. Use of the Diagnostic Software
by the support representative does not require any additional payment by you.
3.5. Recording of Services. Comodo may monitor and record any remediation services
provided. Comodo may release recorded information for any of 1) satisfying a law,
regulation or government request, 2) operating the remediation services properly, or
3) protecting Comodo’s business reputation, software, or customers.
3.6. Payment. If Comodo is able to connect to your computer but is unable to restore a
qualifying computer’s functionality and remove the malware, Comodo shall, subject to
the Guarantee Limits and at sole discretion, pay for Comodo’s choice of 1) the cost of
having a third party provider repair the computer or 2) for a replacement computer. If
Comodo chooses to repair the computer, Comodo will provide instructions on where
the computer may be delivered for repair. If the repair facility is greater than 20 miles
from your physical location, Comodo shall pay the cost of mail delivery of the
computer but you shall pay any applicable shipping insurance costs. You bear all
risk of loss during shipping to or from the repair facility. If the repair facility is unable
to restore the computer’s operating functionality before the end of the fifth business
day after the repair facility’s receipt of the computer, Comodo shall pay you, subject
to the Guarantee Limits, the fair market value of each qualifying irreparable
computer.
4. Personal Internet and Identity Coverage. Comodo’s personal internet and identity
coverage plan (“ID Protection”) is offered to customers who register for the services and
become a member of the ID Protection policy. Only one customer may register per license
key. The terms of ID Protection are governed by the summary description.

5. Ownership

5.1. No Ownership Rights. The Products are being licensed, not sold. Comodo retains
all ownership rights in and to all Products, including any intellectual property rights
therein.

5.2. Copyright. The Products 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 Products.

5.3. Content. Content, including files, links, images, and text, made available or
accessible through the Products 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 Products, 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.

5.4. 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.

6. Payment

6.1. Fees. Certain Products may be used without payment to Comodo. For other
Products, you must pay the fee listed on Comodo’s website prior to using or
accessing the Products. Free and paid for Products 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 Products.
6.2. Method of Payment. All fees must be paid in advance. Comodo may automatically
charge the credit card provided for renewing subscriptions to the Products. 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 Products.

6.3. 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.

6.4. 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 Products.

7. Restrictions

7.1. Lawful Use. The Products are solely for lawful purposes and use. You are
responsible for ensuring that your use of the Products is in accordance with this
agreement and any applicable laws, statutes, ordinances, regulations, rules and
other government authority.

7.2. 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 Products to infringe the privacy or
intellectual property rights of a third party; (4) not use the Products 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 Products 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.

7.3. Export. You represent that you are not located in and will not modify, export or re-
export, either directly or indirectly, the Products 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.

8. Termination.

8.1. Term. This agreement is effective until terminated by you or by Comodo. You may
only use paid Products 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.

8.2. 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 Products may be terminated by removing all copies of any related software
and notifying Comodo of your intent to terminate this agreement. Notification of
termination must be sent by email to support@comodo.com. Your termination will be
effective upon Comodo’s receipt and processing of the email. Processing may take
up to 24 hours.
8.3. Termination by Comodo. Comodo may terminate this agreement at any time by
posting notice of the termination on its website or sending an email to the address
provided during your registration for the Products. 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 Products.
8.4. Refunds. After purchasing the Products, 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. If you cancel after the first 30 days and your account is listed as
an ESM or livePCsupport business account, Comodo shall provide you with a pro-
rata refund for each month left on you subscription less any discounts given for pre-
payment of fees. To request a refund, you must email refunds@comodo.com within
30 days of the purchase date.
8.5. Events Upon Termination. Upon termination, you must immediately cease using the
Products 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
Products without further notice and may delete, remove, and erase any account
information, any backup data stored by Comodo, and any other information stored or
collected by Comodo. Such deletions are in Comodo’s sole discretion and may occur
without notice to you. No refunds shall be given for any reason.
9. Indemnification.

9.1. 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.

9.2. 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.
9.3. 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.

10. Disclaimers and Limitation of Liability.

10.1. Internet. You acknowledge that the Products 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.

10.2. Guarantee Disclaimer; Assumption of Risk. EXCEPT AS SPECIFICALLY STATED


OTHERWISE IN THIS AGREEMENT, COMODO EXPRESSLY DISCLAIMS ALL
IMPLIED AND EXPRESS WARRANTIES IN THE PRODUCTS. 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 PRODUCTS WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCTS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10.3. 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 PRODUCTS. YOU WAIVE
ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS,
REVENUE, USE, OR DATA AND APPLIES EVEN IF COMODO IS AWARE OF THE
POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum extent
permitted by law regardless of 1) the reason for or nature of the liability, including tort
claims, 2) the number of claims, 3) the extent or nature of the damages, and 4)
whether any other provisions of this agreement have been breached or proven
ineffective.

10.4. Data Transfer. ALL MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED


THROUGH THE PRODUCTS 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 PRODUCTS AND CANNOT
WARRANT THE CONTENT OF SUCH MATERIAL OR DATA.

10.5. 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.

10.6. 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.

11. Privacy.

11.1. 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.
11.2. 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.
11.3. Opt Out. You may opt-out of having information used for purposes not directly
related to the Products 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.
12. Miscellaneous

12.1. 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.

12.2. 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.

12.3. Modifications. Comodo may amend or discontinue certain Products offered under
this agreement in its sole discretion, including modifying renewal license fees,
availability, equipment and software requirements, and limiting or restricting use of
Products. 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.

12.4. 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.

12.5. 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.

12.6. Governing Law and Venue.

(i) If you are not in Asia, then 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.

(ii) If you are in Asia, then the laws of the People’s Republic of China 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 courts of Beijing, China.

12.7. 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.

12.8. 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.

12.9. Survival. All provisions relating to confidentiality, proprietary rights, indemnification,


and limitations of liability survive the termination of the agreement.

12.10. 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.
SCHEDULE A

OPENVPN LICENSE

OpenVPN (TM) -- An Open Source VPN daemon


Copyright (C) 2002-2005 OpenVPN Solutions LLC <info@openvpn.net>
This distribution contains multiple components, some of which fall under different licenses. By
using OpenVPN or any of the bundled components enumerated below, you agree to be bound by
the conditions of the license for each respective component.
OpenVPN trademark
-----------------
"OpenVPN" is a trademark of OpenVPN Solutions LLC.

OpenVPN license:
----------------

OpenVPN is distributed under the GPL license version 2 (see Below).

Special exception for linking OpenVPN with OpenSSL:

In addition, as a special exception, OpenVPN Solutions LLC gives


permission to link the code of this program with the OpenSSL
library (or with modified versions of OpenSSL that use the same
license as OpenSSL), and distribute linked combinations including
the two. You must obey the GNU General Public License in all
respects for all of the code used other than OpenSSL. If you modify
this file, you may extend this exception to your version of the
file, but you are not obligated to do so. If you do not wish to
do so, delete this exception statement from your version.

LZO license:
------------

LZO is Copyright (C) Markus F.X.J. Oberhumer,


and is licensed under the GPL.

Special exception for linking OpenVPN with both OpenSSL and LZO:

Hereby I grant a special exception to the OpenVPN project


(http://openvpn.net/) to link the LZO library with
the OpenSSL library (http://www.openssl.org).

Markus F.X.J. Oberhumer

TAP-Win32 Driver license:


-------------------------

The TAP-Win32 driver is derived from the CIPE-Win32


kernel driver, Copyright (C) Damion K. Wilson,
and is licensed under the GPL.

Windows DDK Samples:


--------------------

The Windows binary distribution includes devcon.exe, a


Microsoft DDK sample which is redistributed under the terms
of the DDK EULA.

NSIS License:
-------------

Copyright (C) 2002-2003 Joost Verburg

This software is provided 'as-is', without any express or implied


guarantee. In no event will the authors be held liable for any damages
arising from the use of this software.

Permission is granted to anyone to use this software for any purpose,


including commercial applications, and to alter it and redistribute
it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented;


you must not claim that you wrote the original software.
If you use this software in a product, an acknowledgment in the
product documentation would be appreciated but is not required.
2. Altered versions must be plainly marked as such,
and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any distribution.

OpenSSL License:
----------------

The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style
Open Source licenses. In case of any license issues related to OpenSSL
please contact openssl-core@openssl.org.

/* ====================================================================
* Copyright (c) 1998-2003 The OpenSSL Project. 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.
*
* 3. All advertising materials mentioning features or use of this
* software must display the following acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
*
* 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
* endorse or promote products derived from this software without
* prior written permission. For written permission, please contact
* openssl-core@openssl.org.
*
* 5. Products derived from this software may not be called "OpenSSL"
* nor may "OpenSSL" appear in their names without prior written
* permission of the OpenSSL Project.
*
* 6. Redistributions of any form whatsoever must retain the following
* acknowledgment:
* "This product includes software developed by the OpenSSL Project
* for use in the OpenSSL Toolkit (http://www.openssl.org/)"
*
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``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 OpenSSL PROJECT 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.
* ====================================================================
*
* This product includes cryptographic software written by Eric Young
* (eay@cryptsoft.com). This product includes software written by Tim
* Hudson (tjh@cryptsoft.com).
*
*/

Original SSLeay License


-----------------------

/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)


* All rights reserved.
*
* This package is an SSL implementation written
* by Eric Young (eay@cryptsoft.com).
* The implementation was written so as to conform with Netscapes SSL.
*
* This library is free for commercial and non-commercial use as long as
* the following conditions are aheared to. The following conditions
* apply to all code found in this distribution, be it the RC4, RSA,
* lhash, DES, etc., code; not just the SSL code. The SSL documentation
* included with this distribution is covered by the same copyright terms
* except that the holder is Tim Hudson (tjh@cryptsoft.com).
*
* Copyright remains Eric Young's, and as such any Copyright notices in
* the code are not to be removed.
* If this package is used in a product, Eric Young should be given attribution
* as the author of the parts of the library used.
* This can be in the form of a textual message at program startup or
* in documentation (online or textual) provided with the package.
*
* 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 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. All advertising materials mentioning features or use of this software
* must display the following acknowledgement:
* "This product includes cryptographic software written by
* Eric Young (eay@cryptsoft.com)"
* The word 'cryptographic' can be left out if the rouines from the library
* being used are not cryptographic related :-).
* 4. If you include any Windows specific code (or a derivative thereof) from
* the apps directory (application code) you must include an acknowledgement:
* "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
*
* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``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 licence and distribution terms for any publically available version or
* derivative of this code cannot be changed. i.e. this code cannot simply be
* copied and put under another distribution licence
* [including the GNU Public Licence.]
*/

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