COMODO MOBILE SECURITY FOR iOS
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
IMPORTANT-PLEASE READ THESE TERMS CAREFULLY BEFORE USINGTHE COMODOMOBILE SECURITY SOFTWARE AND SERVICES (THE “PRODUCTS”).THE PRODUCTSMEANS ALL OF THE ELECTRONIC FILES PROVIDED BY DOWNLOAD WITH THIS LICENSE AGREEMENT. BY USING THE PRODUCTS,
OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOUAGREE 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 subscriberagreement is between you(“you” or “Subscriber”), an individual, and either:
a.Comodo Security Solutions, Inc., which has its principal place of business at 200 Broadacres Drive, 2nd Floor, Suite 100, Bloomfield, New Jersey 07003, or
b.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”.
Product Functionality:
Comodo Mobile SecuritySoftwareincludes the features of: VPN Service; Secure Browsingfor blocking malicious links while surfing the internet; and Identity Theft Protectionto show alertsifauser’semail is compromised.
In exchange foryouruse 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 usethe Softwareand Services (collectively, the “Products”)on (1) one mobile deviceunless otherwise indicated
under a valid license granted by Comodo for the term thatyou have paid for(if a paid version), including any documentationand 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. 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 Products areNOT modified in any manner;
(ii) the Products are only installed and used in accordance with your network security policies,
(iii) you possess 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 Productsif you fail to completearequired registrationprocess.
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 mobile deviceforwhich you paid for the Products. You can secure additional mobile devicesby obtaining a separate license for each mobile device, which might require an additionalfee.
You must have a license for each mobile devicethat 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 youruse and installation of the update. Some Products update
automatically without notice.
1.6.
Technical Support. No technical or customer support is provided for Comodo Mobile Security.
1.7.
Trial, Free, Evaluation, and Beta License. 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
Products. For a trial version of the Product if no term is agreedor specifically set forth in the documentationthat you receive with this Product, thenthe term for the licenses granted hereinshall be for the term that you purchased.Any Limited
Guaranteewhich may be set forth herein is not offered with any Trial, Free, Evaluation or Beta Product.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 hasended. At the end of the trial period, Comodo may bill the credit card for the Productswithout 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 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. Ownership
2.1.
No Ownership Rights. The Productsarebeing licensed, not sold. Comodo retains all ownership rights in and to all Products, including any intellectual property rights therein.
2.2.
Copyright. The Productscontains 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.
2.3.
Content. Content, including files, links, images, and text, made available or accessible through the Productsis 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.
2.4.
Submissions. Any communications sent to Comodo arethe property of Comodo or its affiliates. Unless stated otherwise herein, submissions arenot considered confidential, and Comodo isnot liable for any use or disclosure of a submission. Except
as noted herein, Comodo isentitled to unrestricted use of any submissions for any purpose whatsoever without compensation to the provider of the submission.
3.Payment
3.1.
Fees. Certain Products may be used without payment to Comodo. For other Products, you mustpay 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 productsin its sole discretion. Your failure to terminate this agreement after a fee change is posted to Comodo’swebsite constitutes your acceptance of amendedprices, which will apply upon your renewal of the Products.
3.2.
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 remainsolely responsible for anyrenewal payment. If renewal payments
are not made before a subscription expires, Comodo may, without notice, restrict or remove your access tothe Products.
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 shallprovide Comodo notice of anybilling problems or disputes within 60 days after the chargefirst appearson astatement 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.
4.Restrictions
4.1.
Lawful Use. The Productsare solely for lawful purposes and use. You are responsible for ensuring that youruse of the Productsis in accordance with this agreementand anyapplicable 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 Productsto infringe the privacy or
intellectual property rights of a third party; (4) not use the Products to distributeor transmit any file that contains malware, (5) not attempt to gain unauthorized access to other computer systemsor mobile devices; 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.
4.3.
Export. You represent that you are not located in and will not modify, export or re-export, either directly or indirectly, the Productsto 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 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.
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 Productsmay 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.
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 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.
5.4.
Events Upon Termination. Upon termination, you must immediately cease using the Productsand delete all copies of any related software found on your mobile deviceand any backup copies made. Upon termination, Comodo may disable further use
of the Productswithout 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.
a.
Uninstall
To uninstall Comodo Mobile Security, tapandhold on the appiconshown on your device.When your apps move or shake around and a small (X) in the cornerappears, youare able to move or delete them. After a couple of seconds, allofyour icons and
folders will start tomove or shake, and the app icons will get an (X) icon in the upper left.You may then selectthe Comodo Mobile Security app to delete or uninstall.
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, or your infringement on the rights of a third party.
6.2.
Indemnification Procedure. Comodo shall notify youpromptly of any demand for indemnification. However, Comodo’s failure to notify will not relieve youfrom yourindemnification obligations except to the extent that the failure to provide
timely notice materially prejudices you. Youmay 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. Youmay not settle any claim, action, suit or proceeding related to this agreement unless the settlement also includes an unconditional release of all Indemnified Personsfrom liability.
6.3.
Additional Liability. Your indemnification obligations are not Comodo’s sole remedy for abreach and are in addition to any other remedies Comodo may have against youunder this agreement. Yourindemnification obligations survive the termination
of this agreement.
7.Disclaimers and Limitation of Liability.
7.1.
Internet. You acknowledge that the Productsare 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.GuaranteeDisclaimer; 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 PRODUCTSWILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCTSWILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE.
7.3.
Damage Limitation. THE TOTAL LIABILITY OF COMODO AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE
PRODUCTS. YOUWAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEOR 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 lawregardless 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 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 PRODUCTSAND 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 guaranteeand 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 and the Information Collection policy found within this Product when collecting and using information from you. Comodo may amend thesepoliciesat any time by posting
the amended privacy policy on its websiteor updating the Information Collection..
8.2.
Permissions: You hereby expressly authorize and grant permission to Comodo access the following:
The setting of Secure Wi-Fi assists in the prevention of identity theft on public Wi-Fi.
Specific user information obtained by the Product includes:
Email, Internet, Network State Access and Change, Wi-Fi State Change and Access, External Storage,andSystem Alert Window.
SPECIFICALLY, YOU ARE GRANTING THIS APPLICATION ACCESS TO THE FOLLOWING:
HARDWARE CONTROLS:
Take Pictures
Allows the applicationto take pictures.
NETWORKCOMMUNICATION:
Full Internet Access
Allows the application to create network sockets.
IDENTITY:
Theapplication can use your account and/or profile information on your device.
Identity Access may include theability to: find accounts on the device; read your own contact card (such as name and contact information); modify your own contact card; add or remove accounts.
DEVICE ID:
The application can access your device ID(s)
STORAGE–PHOTOS/MEDIA/FILES:
Theapplication can use files or data stored on your device. Photos/Media/Files access may include the ability toaccess local storage:
YOUR ACCOUNTS:
Discover Known Accounts
This allows the applicationto get the list of accounts known by the tabletor phone.
NETWORK COMMUNICATION:
View Wi-Fi State
Allows the application toaccess and view the information about the state of Wi-Fi, such as if the Wi-Fi is turned on and the name(s) of connected devices.
View Network State
Allows the applicationto view the state of all networksand view Wi-Fi connections.
Comodo Messaging Center Data
Comodo collects information and data for improvement and understanding of the performance and functionality of the Product.This includes:
Computer ID, Operating system, Operating system version, Mobile brand nameand model, Product ID, Product Version, Time Stamp when data is related to, Activation events, Heartbeat(once per day to determine if product is active), App Launched,
User interface Clicks, Memory Consumed, Battery Usage, any cloud messaging ID.
YOU ARE GIVING EXPRESS PERMISSION FOR THE ABOVE DATA AND INFORMATION COLLECTION.
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 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.
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., 200 Broadacres Drive, 2nd Floor, Suite 100, Bloomfield, New Jersey 07003. All notices to
you shall be made by posting the notice on the Comodo website.
9.2.
Entire Agreement.This agreement, along with the attached schedules and any documents referred to herein, is the entire agreement between the parties with respect to the subject matter, superseding all other agreements that may exist with
respect to the subject matter. Section headings are for reference and convenience only and are not part of the interpretation of the agreement.
9.3.
Modifications. Comodo may amendor discontinue certainProducts offered under this agreement in its sole discretion, including modifying renewal license fees, availability, equipment and software requirements, and limitingor 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 ofa Product after an amendment constitutes your acceptance of the change.
9.4.
Waiver. A party’s failure to enforce a provision of this agreement does not waive the party’s right to enforce the same provision later or right to enforce any other provision of this agreement. To be effective, all waivers must be both
in writing and signed by the party benefiting from the waived provision.
9.5.
Force Majeure and Internet Frailties. Other than for payment obligations by 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.
9.6.
Arbitration/ Governing Law. You agree that any dispute, claim or controversy arising out of this agreement shall be determined by binding arbitration. Before you may begin arbitration withrespect to a dispute involving any aspect of this
Agreement, you shall notifyComodoand any other party to the dispute for the purpose of seeking dispute resolution.The notice to Comodo should be addressed to 200 Broadacres Drive, 2nd Floor, Bloomfield, New Jersey 07003.
If the dispute is not resolved within sixty (60) days after the initial notice, then aparty may proceed in accordance with the following: Any unresolved dispute arising under the terms of this Agreement shall bedecided by arbitration
conducted through the services of the Commercial Arbitration Rulesof the AmericanArbitrationAssociation (hereinafter referred to as the “AAA”). Notice of demand for an arbitration hearing shall be in writing and properlyserved upon the parties
to this Agreement. Arbitration hearings shall be held inthe state of New Jersey at a location mutually agreeable to the parties.
For the Arbitration, and tothe extent any matter of this Agreement cannot be covered by Arbitration, 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.
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.
Class Action Waiver:Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Comodowill 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.
9.7.
Assignment. You maynot assign any of yourrights 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.
9.8.
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.
9.9.
Survival. All provisions relating to confidentiality, proprietary rights, indemnification, and limitations of liability survive the termination of the agreement.
9.10.
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 ITSTERMS AND ACCEPT THE FUNCTIONS OF THE PRODUCT. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU
DO NOT AGREE TO THE FUNCTIONS OF THE PRODUCT AND THE TERMS OF THIS AGREEMENT.
EXHIBIT A
Included Software and Licenses
The following third party or open source software is included andis provided under other licenses and/or has source available from other locations.
Apache License v2.0
Copyright 2019, Comodo Security Solutions,Inc.
Licensed under the Apache License, Version 2.0 (the "License");you may not use this file except in compliance with the License.You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, softwaredistributed under the License is distributed on an "AS IS" BASIS,WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.See the License for the specific
language governing permissions andlimitations under the License.
'Firebase/Core','Firebase/Auth','Firebase/RemoteConfig'
https://github.com/firebase/firebaseopensource.com/blob/master/LICENSE
GoogleSignIn
Apache License, version 2.0. http://www.apache.org/licenses/LICENSE-2.0
FBSDKLoginKit
https://github.com/facebook/facebook-objc-sdk/blob/master/LICENSE
ObjectMapper: MIT License
https://mit-license.org/
Delegated: MIT License
https://mit-license.org/
FSPagerView
Free for all
TapjoySDK
http://dev.tapjoy.com/
KeychainAccess: MIT License
https://mit-license.org/
SwiftyStoreKit
Copyright (c) 2015-2016 Andrea Bizzotto / free for all
TrueTime: Apache License, version 2.0.
http://www.apache.org/licenses/LICENSE-2.0
CropViewController
https://mit-license.org/
Localize: MIT License
https://mit-license.org/
Fabric: Google
Crashlytics: Google
NVActivityIndicatorView: MIT License
https://mit-license.org/