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COMODO AV SCANNER LICENSE AGREEMENT

END USER LICENSE AGREEMENT
Comodo Anti-Virus Scan Engine

IMPORTANT- PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING COMODO’S ANTI-VIRUS SCAN ENGINE (“CAVSE”) OR INSTALLING ANY PORTION THAT MAY BE REQUIRED TO PROVIDE THE SERVICES. BY INSTALLING OR USING CAVSE, 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 USE OR INSTALL CAVSE 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 525 Washington Blvd, Suite 1400, Jersey City, NJ 07310.

1. Grant of License

 

1. Comodo hereby grants to you a limited, non-exclusive, non-transferable, and revocable license to use CAVSE, including any documentation files or website information accompanying it, on a single computer accessing the Comodo scanning website, provided that you are duly authorized to accept this Agreement and you agree to be bound by and use CAVSE only in accordance with the terms and conditions found herein.  Any rights in CAVSE not expressly granted in this Agreement are reserved by Comodo.

1. CAVSE is intended solely for online use while connected to Comodo servers.  While most of the CAVSE operations are performed online, there are certain components that will be downloaded and permanently installed onto your computer.  You agree that you are solely responsible for your internet connection and your computer. 

 

1. CAVSE is not intended to clean viruses or malware that may be on your computer.  Instead, CAVSE is designed to scan your computer for viruses and other malware and display such problems to you.  Comodo does not make any representations or warranties about CAVSE’s ability to detect all viruses or malware and you shall be solely responsible for your computer’s operation and maintenance.  You are solely responsible for cleaning any viruses or other malware found off of your computer and Comodo is not responsible for any damage caused by your cleaning efforts or any virus found on your computer.  Please back up your computer on separate media prior to using CAVSE. 

1. CAVSE is provided as a free service to you and there shall be no charge in connection with its use.

 

1. Ownership

1. The use of CAVSE and any installed components are being licensed to you and not sold.  Comodo expressly reserves and maintains at all times, all ownership rights in and to CAVSE, including any intellectual property rights therein.  This Agreement shall not be construed to grant any ownership rights in CAVSE to you, but shall only give you a limited license to use CAVSE while connected to a Comodo server.  You acknowledge that CAVSE, including all intellectual property rights under copyright, trade secret, patent, or trademark laws, is owned by Comodo and/or its Affiliates.  Comodo may pursue all legal remedies if you use CAVSE in violation of this Agreement.  

 

1. Comodo has the right to gather information regarding the use of CAVSE and you grant Comodo permission to collect this information.  Comodo may use this information solely to improve its products or to track geographical data and the enforcement of this Agreement and will not disclose this information in a form that could personally identify you to any third party.

1. Copyright

 

CAVSE contains material that is protected by United States and foreign 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.

1. Restrictions

 

1. You may not publish, display, disclose, rent, lease, sell, resell, modify, loan, distribute, or create derivative works based on CAVSE or any part thereof. You may not reverse engineer, decompile, translate, adapt, vary, alter, change, modify, or disassemble CAVSE, nor shall you attempt to create the source code from any installed components.  

1. As a condition of your use of CAVSE, you warrant that you will not use CAVSE 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 CAVSE. You agree not to reproduce, resell or exploit for any commercial purposes, any portion of CAVSE. If you violate any of these terms, your permission to use CAVSE automatically terminates.

 

1. CAVSE is provided solely for lawful purposes and use.  You agree to supervise and control the use of CAVSE in accordance with the terms of this Agreement.  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 CAVSE.  CAVSE is provided subject to this standard commercial agreement and qualifies as commercial computer software within the meaning of the applicable government acquisition Laws.

1. THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF CAVSE OR INFORMATION ABOUT CAVSE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT CAVSE OR INFORMATION ABOUT CAVSE TO ANY COUNTRY WHERE THE UNITED STATES REQUIRES AN EXPORT LICENSE WITHOUT CONSENT OF COMODO AND THEN ONLY IN COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.

 

1. The terms and conditions of this Agreement shall apply to your use of CAVSE 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 CAVSE.

1. Disclaimer of Warranties

 

1. CAVSE IS PROVIDED TO YOU “AS IS” BY COMODO, AND ANY USE BY YOU OF CAVSE IS AT YOUR OWN RISK. You acknowledge that CAVSE may contain bugs, errors, and other problems that could cause system or other failures and data loss. COMODO DOES NOT WARRANT THE PERFORMANCE OF CAVSE AND DOES NOT WARRANT THAT CAVSE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH ANY DOCUMENATION PROVIDED.  COMDOO DOES NOT WARRANT THAT CAVSE WILL BE ABLE TO SCAN AND DETECT EVERY VIRUS OR MALWARE, WHETHER KNOWN OR UNKNOWN.  CAVSE IS NOT INTENDED TO PROVIDE VIRUS CLEANING OR REMOVAL SERVICES.

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMODO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS 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 CAVSE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT CAVSE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN CAVSE WILL BE CORRECTED, OR THAT CAVSE 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 CAVSE.  YOU SHALL BE SOLELY RESPONSIBLE FOR ENSURING THAT YOU ARE USING THE LATEST VERSION OF CAVSE.  YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF CAVSE.

 

1. Limitation of Liability

1. YOU RECOGNIZE THAT ONLY YOU ARE ULTIMATELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU AS A RESULT OF USING CAVSE OR INSTALLING ANY PART THEREOF.  IN NO CIRCUMSTANCES OR EVENT WILL COMODO BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE CAVSE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF COMODO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE DAMAGE WAS FORESEEABLE.

 

1. COMODO'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO CAVSE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE USE OF CAVSE. 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.

1. Termination

 

This Agreement is effective for as long as you are using the services related to CAVSE.  You may terminate this Agreement at any time by removing any installed portion of CAVSE and by ceasing all use of CAVSE.  Comodo may terminate this Agreement and restrict your use of CAVSE for any reason, including, but not limited to, if Comodo finds that you have violated any of the terms of this Agreement or upon Comodo’s notification of your improper use of CAVSE. All provisions relating to proprietary rights shall survive the termination of this Agreement.

1. Indemnity

 

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) your entering into this Agreement, or your breach of the terms or obligations of this Agreement, (b) your use or misuse of CAVSE or the use or misuse of CAVSE by a third party under your control, or (c) your infringement upon any intellectual property or other proprietary right of any person or entity.  Comodo may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but its doing so shall not excuse your indemnity obligations in this Agreement. The terms of this paragraph will survive any termination or cancellation of this Agreement.

1. Privacy

 

Comodo has built its electronic services and products with your privacy and security in mind.  To ensure your privacy, Comodo periodically publishes a Privacy Statement that is incorporated by reference into this Agreement. You can view the Privacy Statement at http://www.Comodogroup.com/privacy.asp.  Please check this page periodically for changes in our privacy policy. By agreeing to the terms of this Agreement you acknowledge that you have read, understand and agree to the provisions of the Privacy Statement.

1. Governing Law

 

This Agreement shall be construed, interpreted and governed by the laws of the State of New Jersey without regard to conflicts of law provisions thereof. You agree that the exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in New Jersey, USA.

1. Severability

 

If any part of this Agreement is found illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.

1. Force Majeure

 

Any delays in or failure by Comodo hereto in the performance of any obligation hereunder shall be excused if and to the extent caused by occurrences beyond Comodo’s control, including but not limited to acts of God, storms, hurricane, earthquakes, riots, strikes, or other labor disturbances, war (whether declared or not), sabotage, interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, and any other cause or causes, whether similar or dissimilar to those herein specified.  You acknowledge that the Internet consists of a series of networks that are subject to failures and errors in operation and transmission. In no event shall Comodo be liable for or as a result of any such failures, errors, access, modifications, diversions or disclosures.

1. Entire Agreement

 

This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver of this 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 CAVSE, including its pricing, access to CAVSE, or any of the Comodo websites, 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 CAVSE 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 at any time in Comodo's sole discretion.  Any amendment of this Agreement will be reflected on Comodo’s website and is applicable to you and all other current users at the time it is posted.  You are expected to review the Agreement posted on the website periodically to obtain notice of any changes.  Continued use of CAVSE 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.

1.  Notices

 

All notices, demands or requests to Comodo with respect to this Agreement shall be made in writing to: Comodo Security Solutions, Inc., 525 Washington Blvd., Suite 1400, Jersey City, New Jersey 07310.

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 TERMS AND CONDITIONS.  DO NOT CLICK THE “I ACCEPT” BOTTON IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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