END USER LICENSE AND SUBSCRIBER AGREEMENT
COMODO SECURITY SOFTWARE AND REMOTE PERSONAL COMPUTER SERVICE
IMPORTANT - PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING,
INSTALLING, OR USING COMODO’S ANTIVIRUS, FIREWALL OR INTERNET
SECURITY SOFTWARE AND REMOTE PERSONAL COMPUTER SUPPORT SERVICES
(THE "PRODUCTS") THE PRODUCTS MEANS ALL OF THE ELECTRONIC FILES
PROVIDED EITHER BY DOWNLOAD OR ON PHYSICAL MEDIA (CD-ROM, DVD OR
OTHER MEDIA THAT IS PROVIDED WITH THIS LICENSE AGREEMENT.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. 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:
- if you are not located in China, Comodo Security Solutions,
Inc., which has its principal place of business at 1255 Broad
Street, Suite 100, Clifton, New Jersey 07013, or
- 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.
Both are referred to herein as "Comodo".
In exchange for your use of the Products, you agree as follows:
2.4. DNS Services.
- 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") on (1) one
personal computer unless otherwise indicated under a valid
license granted by Comodo for the term that 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. This License grant shall expire at the
end of the paid subscription period or at the end of the
- 1.2. Restrictions. The licenses granted herein are
only valid if:
- the Products are NOT modified in any manner;
- the Products are only installed and used in accordance
with your network security policies,
- you posses the necessary authority and power to install
and use the Products,
- you promptly pay all license fees when due, and
- 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, Free, Evaluation, and Beta. If this
agreement pertains to a trial, free, beta, or evaluation
version, the licenses granted herein terminate at the end of
the trial or evaluation period or when Comodo disables
access to the Products. For a trial version of the Product
if no term is agreed or specifically set forth in the
documentation that you receive with this Product, then the
term for the licenses granted herein shall be for the term
that you purchased. The Limited Guarantee set forth in
Section 3 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 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
- Specific Licenses - The Products may include the
following 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
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. Comodo Dragon. The Chromium software and
sample code developed by Google is licensed under the BSD
license. Other software included in this distribution is
provided under other licenses, as listed in Schedule B.
Source code for software included in this distribution is
available from the Chromium website.
For third party implementations, we have provided guidelines
on the proper usage of Google branding and attribution.
- BSD License
- Copyright © 2008, The Chromium Authors
All rights reserved.
- Redistribution and use in source and binary forms, with
or without modification, are permitted provided that the
following conditions are met:
- Redistributions of source code must retain the above
copyright notice, this list of conditions and the
- Redistributions in binary form must reproduce the
above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
- Neither the name of the Google Inc. nor the names of
its contributors may be used to endorse or promote
products derived from this software without specific
prior written permission.
2.5. GeekBuddy Services.
- 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.
- 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
- 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.
2.6. Auto Sandbox Services.
- 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 license to
Comodo’s GeekBuddy services together with the Product only
for the GeekBuddy service term that you have purchased or
for the duration of the free trial you have selected.
Comodo may discontinue offering and may terminate the free
trial version at any time. Comodo may change the specific
scope of GEEKBUDDY without notice.
- 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.
- 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.
- 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
- 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
- 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.
- 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
Auto Sandbox is a service that isolates unknown programs. By
default any unknown programs identified as potential malware
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.
2.7. Browser Setting Modification.
CIS allows users to set the Yahoo search engine as the
default setting in the internet browser search engine
toolbars and makes as the browser home page. By checking the
box during installation, you are consenting to this change.
If after installation, you do not want Yahoo as the default,
you may make changes under the options section of your
2.8. Backup Service. Comodo shall provide you with
an interface necessary to use the backup services to make
archived copies of data contained on any computer where a
valid license was installed.
- When using the backup service and related services,
Comodo will save an encrypted copy of each file you
designate as requiring storage. The saved files will be
transferred over the Internet to a server operated by
Comodo or an affiliate or partner of Comodo. Comodo
disclaims all liability for the backup service, including
any resulting from lost or compromised data.
- Comodo will routinely scan your computer in order to
determine if any file is new, modified, or deleted and to
determine what actions need to be taken in order to
complete a storage or restoration operations. These
operations require Comodo to collect information related
to your files, your computer configuration and
specification, and your computer usage. You give Comodo
permission to access, collect, and store this information.
In addition, you give Comodo permission to transmit all
files designated by you as requiring storage to a remote
data center operated by Comodo or an affiliate or partner
of Comodo ("Storage Servers"). Files will be transmitted
in an encrypted format.
- Comodo will not use any files backed up unless 1) you
give Comodo permission to do so as part of a request for
troubleshooting or computer restoration services, or 2)
Comodo reasonably believes it needs to do so in order to
comply with a law, subpoena, warrant, order, or
regulation, including laws related to the use of data for
illegal purposes or child pornography. The services are
being provided from within the United States and other
countries where litigants, law enforcement, courts, and
other agencies of the government may have the right to
access data stored within their jurisdictions upon terms
and conditions provided by local law. As such, these
entities may gain access to your data as provided under
the local law of the jurisdiction.
- Files marked for storage shall only be added to the
Storage Server at the next periodic scan of your computer.
Only after a periodic scan will a file be available as
part of the data on the Storage Server. Comodo does not
maintain a copy of the data backed up to our servers and
does not guarantee the information against loss or
destruction. In the event that this Agreement is
terminated, Comodo may in its sole discretion, without
notice to you, and at any time following the date of
termination delete or deny access to the backed up data
and such data or files will not be available to you.
Comodo and its affiliates may retain (but shall have no
obligation to retain) your data for up to 90 days after
your subscription to the backup service expires in order
to allow you to renew your subscription, if desired.
- Comodo does not maintain a copy of the data backed up to
our servers and does not guarantee the information against
loss or destruction. In the event that the licenses
granted herein are revoked, lapse, or terminate, whether
by you or by Comodo, Comodo may, in its sole and absolute
discretion, without notice to you, delete or deny access
to the backed up data and such data or files will not be
available to you. You agree that Comodo and its affiliates
may retain (but shall have no obligation to retain) your
data for a period after your trial or license has been
terminated, expired, or otherwise lapsed, as part of
Comodo’s marketing to you the opportunity to purchase,
renew, or extend a license.
Personal Internet and Identity Coverage.
Comodo’s personal internet and identity coverage plan ("ID
Protection") is offered to customers who are residents of the
United States and 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 at: (https://accounts.comodo.com/cfp/management/idtheft).
- 3.1. Scope. Some versions of the Products that you
may purchase include a limited guarantee that is valid for
one year from the date of the Product’s activation by the
original purchaser unless you cancel or do not renew your
Product subscription. 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 one
computer on the same home network, provided that each
computer qualifies for guarantee coverage as explained
herein. To qualify, a covered 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 full CIS system, computer, and memory
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 covered 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 HAVE PURCHASED A VERSION OF THE
SOFTWARE THAT INCLUDES THE GUARANTEE. FREE, TRIAL, OR BETA
VERSIONS OF THE SOFTWARE DO NOT INCLUDE THE GUARANTEE. THE
LIMITED GUARANTEE CANNOT BE COMBINED WITH ANY OTHER COMODO
WARRANTY OR GUARANTEE. THE GUARANTEE IS NON-TRANSFERRABLE,
AND CAN ONLY BE USED BY THE ORIGINAL PURCHASER OF THE
SOFTWARE. THE GUARANTEE IS ONLY VALID FOR CLAIMS MADE OVER
THE INTERNET AS PER SECTION 3.3 AND ONLY WHERE
INTERNET-BASED SUPPORT IS RENDERED.
- 3.2. Limits. The guarantee is limited to the
The guarantee is limited to the repair and restoration of the
computer to a state prior to when the malware infected the
computer. The guarantee does not cover 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.
- The actual cost of the computer;
- An aggregate total of $500 for all claims paid under a
single license key, and
- The actual cost of a Comodo specified and authorized
third party provider to repair the computer to an
operating condition ("Guarantee Limit").
- 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: firstname.lastname@example.org,
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
- 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
- 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
- 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
- 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
- 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.
- 7.1. 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
- 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.
- 8.1. 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
- 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 email@example.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 GeekBuddy 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 firstname.lastname@example.org
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.
Disclaimers and Limitation of Liability
- 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
- 10.1. 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
- 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
- 10.6. Limitations on Remedy. Except for actions
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brought within one (1) year from the date when the cause of
when collecting and using information from you. Comodo may
- 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
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Comodo’s rights under this Agreement.
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information used for purposes not directly related to the
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automatically submit to Comodo any files or programs that
are identified as potential malware, including information
on the actions taken by such files. These files are
submitted to Comodo using the Sandbox Settings automatic
submission function. The collected files could contain
personally identifiable information that has been obtained
in the file that is identified as potential malware 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
- 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.,
1255 Broad Street, Suite 100, Clifton, New Jersey 07013. All
notices to you shall be made by posting the notice on the
- 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
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- 12.3. Modifications. Comodo may amend or
discontinue certain Products offered under this agreement in
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- 12.4. Waiver. A party’s failure to enforce a
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to enforce the same provision later or right to enforce any
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- 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
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or failure of telecommunication or digital transmission
links, Internet slow-downs or failures, or other such
- 12.6. Arbitration and Governing Law. You agree
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agreement shall be determined by binding arbitration. Before
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If the dispute is not resolved within sixty (60) days
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arising under the terms of this Agreement shall be decided
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of demand for an arbitration hearing shall be in writing
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Arbitration hearings shall be held in the state of New
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The laws of the state of New Jersey govern the
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- 12.8. Severability. Any provision held invalid or
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- 12.9. Survival. . All provisions relating to
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BY CLICKING "I ACCEPT" BELOW, YOU AGREE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY
WITH ALL OF ITS TERMS. DO NOT CLICK THE "I ACCEPT" BUTTON IF YOU
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OpenVPN (TM) -- An Open Source VPN daemon
Copyright (C) 2002-2005 OpenVPN Solutions LLC
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" is a trademark of OpenVPN Solutions LLC.
OpenVPN is distributed under the GPL license version 2 (see
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 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
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
Windows DDK Samples:
The Windows binary distribution includes devcon.exe, a Microsoft
DDK sample which is redistributed under the terms of the DDK EULA.
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:
- 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.
- Altered versions must be plainly marked as such, and must not
be misrepresented as being the original software.
- This notice may not be removed or altered from any
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
* 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.
* 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 firstname.lastname@example.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
* 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
* (email@example.com). This product includes software written by
* Tim Hudson (firstname.lastname@example.org).
Original SSLeay License
/* Copyright (C) 1995-1998 Eric Young (email@example.com)
* All rights reserved.
* This package is an SSL implementation written
* by Eric Young (firstname.lastname@example.org).
* 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
* 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 (email@example.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
* 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.]
Included Software and Licenses
The following third party software is distributed with Chromium
and is provided under other licenses and/or has source available
from other locations.