End User License Agreement
IMPORTANT - READ THESE TERMS CAREFULLY BEFORE DOWNLOADING COMODO EV AUTO-ENHANCER™. BY DOWNLOADING, INSTALLING OR USING THIS PROGRAM, OR BY CLICKING ON "I ACCEPT" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT DOWNLOAD OR INSTALL THE PROGRAM OR CLICK ON "I ACCEPT".
This End-User License Agreement (the "Agreement") is a legal contract between you, as either an individual or as a business entity, and Comodo Security Solutions, Inc. ("Comodo"), which has its principal place of business at 200 Broadacres Drive, 2nd Floor, Suite 100, Bloomfield, New Jersey 07003.
1. Grant of License for Registered Users
Comodo grants you a non-exclusive, non-transferable license to download and use Comodo EV AUTO-Enhancer™, including any documentation files or website information accompanying it (collectively, the "Program"), on your server computer(s) and to make one backup copy of the Program, provided that:
(i) the Program is NOT modified in any manner;
(ii) all copyright and proprietary notices or labels are maintained on the Program in their original format; and
(iii) you agree to be bound by the terms of this License Agreement.
For purposes of this Agreement, the "Program" includes any updates, enhancements, modifications, revisions, or additions to the Program made by Comodo, or a properly licensed affiliate, and made available to you through Comodo's, or a properly licensed affiliate's, web site. Notwithstanding the foregoing, Comodo shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the software. You may not use, copy, modify, sell, or transfer any part of the Program except as provided in this Agreement. Any rights in the Program not expressly granted in this Agreement are reserved by Comodo.
Comodo expressly reserves and maintains at all times all ownership rights in and to the Program, including any intellectual property rights therein. This License shall not be construed to grant any ownership rights in the Program to you, but shall only give you a limited license to use the Program until this Agreement is terminated, as set forth in Section 9. You acknowledge that the Program, including all intellectual property rights under copyright, trade secret, patent, or trademark laws, is owned by Comodo or its licensors. Comodo may pursue all legal remedies if you use the Software in violation of this Agreement.
You acknowledge that if you use the Program in violation of this Agreement (including, without limitation, by copying, distributing or making derivatives of the Program), you may be subject to CRIMINAL AND/OR CIVIL FINES AND PENALTIES under all applicable laws. Comodo has the right to gather information regarding the use of the Program, including, but not limited to, IP Address, MAC Address, and admin email address to guarantee the proper use of the Program as granted by this Agreement.
The Program contains material that is protected by United States intellectual property laws, including copyright, trade secret and patent law, as well as by international laws and treaty provisions. 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 any copy of the Program.
The Program uses Microsoft Detours Professional 2.1. Detours is Copyright 1995-2004, Microsoft Corporation. Portions of the Detours package may be covered by patents owned by Microsoft corporation.
Microsoft, MS-DOS, Windows, Windows NT, Windows 2000, Windows XP, and DirectX are registered trademarks or trademarks of Microsoft Corporation in the U.S. and other countries.
You may not publish, display, disclose, rent, lease, sell, resell, modify, loan, distribute, or create derivative works based on the Program or any part thereof except to the extent it is necessary to distribute or replicate certain aspects of the Program on a customers computer that are necessary to perform the intended operation of the Program. You may not reverse engineer, decompile, translate, adapt, or disassemble the Program, nor shall you attempt to create the source code from the object code for the Program.
As a condition of your use of the Program, you warrant that you will not use the Program for any purpose that is unlawful or is prohibited by these terms, conditions, and notices. You agree to comply with all local rules applicable to you in your use of the Program. You agree not to reproduce, resell or exploit for any commercial purposes, any portion of the Program. If you violate any of these terms, your permission to use the Program automatically terminates.
The Program is provided solely for lawful purposes and use. You shall be solely responsible for, and agree to comply with, all laws, statutes, ordinances, regulations, rules and other government authority ('Laws') applicable to the use of the Program. Without limiting the foregoing, you agree to comply with all U.S. export Laws and applicable export Laws of your locality (if you are not in the United States), and you further agree not to export the Program without first obtaining all required authorizations or licenses. The Program is provided subject to this standard commercial agreement and qualifies as commercial computer software within the meaning of the applicable government acquisition Laws. The terms and conditions of this Agreement shall apply to your use and disclosure of the Program, and shall supersede any conflicting contractual terms and conditions. If this Agreement fails to meet your minimum needs or is inconsistent in any respect with government procurement Laws, you agree not to use the Program.
The Program is Confidential Information. You acknowledge and accept the obligation not to disclose the Program or any comments regarding the Program to any third-party without the prior written approval of Comodo. You acknowledge that the Program contains proprietary trade secrets of Comodo and you hereby agree to maintain the confidentiality of the Program using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information, but not less than a reasonable degree of care. The obligations imposed herein do not apply to information which you can prove is
(i) or becomes publicly known through no violation of this Agreement;
(ii) is lawfully received from a third party without any obligation of confidentiality;
(iii) independently developed without violating this agreement;
(iv) required to be disclosed by legal process or through governmental order following notice sufficient to all Comodo to contest such order; or
(v) expressly approved of in writing by Comodo's authorized representative.
6. Disclaimer of Warranties
THE PROGRAM IS PROVIDED TO YOU "AS IS" BY COMODO, AND ANY USE BY YOU OF THE PROGRAM IS AT YOUR OWN RISK. You acknowledge that the program may contain bugs, errors and other problems that could cause system or other failures and data loss. COMODO DOES NOT WARRANT THAT THE PROGRAM WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMODO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMODO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE PROGRAM WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PROGRAM WILL BE CORRECTED, OR THAT THE PROGRAM IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. COMODO MAKES NO WARRANTY THAT COMODO WILL PROVIDE YOU WITH THE MOST RECENTLY DEVELOPED OR DISTRIBUTED VERSION OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM.
7. Limitation of Liability
YOU RECOGNIZE THAT ALTHOUGH THE PROGRAM IS TO BE USED TO ENABLE EV CERTIFICATES ON WINDOWS XP COMPUTERS, ONLY YOU ARE ULTIMATELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES TO YOUR SYSTEM OR FILES INCURRED BY YOU. IN NO EVENT WILL COMODO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF COMODO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMODO'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PROGRAM OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE PROGRAM. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE PROGRAM OR INFORMATION ABOUT SUCH PROGRAM WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE PROGRAM OR INFORMATION ABOUT THE PROGRAM WITHOUT CONSENT OF COMODO AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. UNDER NO CIRCUMSTANCES MAY YOU DOWNLOAD THE PROGRAM IF YOU ARE WITHIN OR A CITIZEN OF IRAN, SYRIA, SUDAN, LIBYA, CUBA, RWANDA OR NORTH KOREA.
This License Agreement is effective until it is terminated by you or by Comodo. You may terminate this License Agreement at any time by destroying, deleting, erasing or returning to Comodo all copies of the Program in your possession or under your control. Comodo may terminate this License Agreement for any reason, including, but not limited to, if Comodo finds that you have violated any of the terms of this License Agreement. Upon notification to you of termination by Comodo, you agree to destroy, delete, erase or return to Comodo all copies of the Program and to certify in writing or by email that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this License Agreement.
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) this Agreement, or your breach of the terms of this Agreement, (b) your use of the Program, or (c) any intellectual property or other proprietary right of any person or entity. When Comodo is threatened with enforcement proceedings or suits, or is sued by a third party, Comodo may seek written assurances from you concerning your promise to indemnify Comodo, and your failure to provide those assurances may be considered by Comodo to be a material breach of this Agreement. Comodo shall have the right to participate in any defense by you of a third-party claim related to your use of the Program, with counsel of our choice at your own expense. 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 any termination or cancellation of this Agreement.
12. Governing Law
This License Agreement shall be construed, interpreted and governed by the laws of the United Kingdom without regard to conflicts of law provisions thereof. You agree that the exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in the United Kingdom.
If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
14. Force Majeure
You agree not to hold Comodo responsible for any cessation, interruption or delay in the operation of the Program 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, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party.
15. Entire Agreement
This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. You acknowledge and agree that Comodo, at its sole discretion, may change, modify, amend, suspend or discontinue any aspect of the Program, including its pricing or its website, at any time without notice and without liability to you or to any third party. Comodo reserves the right to impose limits on certain features of the Program at any time, without notice and without liability to you or to any third party. Further, you acknowledge and agree that Comodo may amend this Agreement (including any fees and rules) applicable to the Program at any time, at Comodo's sole discretion. Any amendment of this Agreement will be reflected on Comodo's website and is applicable to you and all current users at the time it is posted, who agree to be bound thereby. You are expected to review the Agreement posted on the website periodically to obtain notice of any changes. Continued use of the Program constitutes acceptance of Comodo's then-current Agreement. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
All notices, demands or requests to Comodo with respect to this Agreement shall be made in writing to: Comodo CA, Office Village 3rd Floor, Exchange Quay, Trafford Road, Salford, Manchester M5 3EQ, United Kingdom.
This Subscriber Agreement shall be applicable for as long as you have installed or are using the Program and you have not breached any provision of this Agreement. Sections 5, 6, 7, and 10 shall all survive the termination of this Agreement.
BY CLICKING "I ACCEPT" BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS AND CONDITIONS. DO NOT CLICK THE "I ACCEPT" BUTTON IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.