Microsoft Word - EULA - Comodo System Cleaner 111017.doc

EULA – CSC 2010-11-17

END USER LICENSE AND SUBSCRIBER AGREEMENT

Comodo System-Cleaner

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING,

OR USING COMODO’S SYSTEM-CLEANER (“PRODUCTS”). BY DOWNLOADING, INSTALLING, OR

USING THE PRODUCTS, OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT

YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE

BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT DOWNLOAD

OR USE THE SOFTWARE, SUBSCRIBE TO OR USE THE SERVICES, OR CLICK ON “I ACCEPT”.

This end user license and subscriber agreement is between you (“you” or “Subscriber”), as either an

individual or as a business entity, and either:

a. if you are not located in China, Comodo Security Solutions, Inc., which has its principal place

of business at 525 Washington Blvd., Suite 1400, Jersey City, New Jersey 07310, or

b. if you are located in China, Beijing Comodo Software Development Co. Ltd., which has its

principal place of business at 401 Tower B., Fenglan International Plaza, 32 Beidajie

Xizhimen, Haidian District, Beijing, China.

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

1. License

1.1. Grant of License. Comodo grants you a limited, non-exclusive, non-transferable, and

revocable license to download, install, back-up, and use the Software and Services

(collectively, the “Products”) you have paid for, including any documentation and files

accompanying the Products. You shall not resell, lease, sell, modify, reverse engineer,

decompile, or create derivative works of the Software. All rights not expressly granted herein

are reserved to Comodo.

1.2. Restrictions. The licenses granted herein are only valid if:

(i) the Products are NOT modified in any manner;

(ii) the Products are only installed and used in accordance with your network security

policies,

(iii) you posses the necessary authority and power to install and use the Products,

(iv) you promptly pay all license fees when due, and

(v) this agreement is accepted without modification and has not been breached.

1.3. Registration. When registering Products, you must provide accurate information and must

update the registration information if it changes. Comodo may limit your ability to use the

Products if you fail to complete a required registration process. You may also be required to

select a username and password. Maintaining the confidentiality of this password and

username is your responsibility. You must notify Comodo immediately of any unauthorized

use of your account.

1.4. Limited License. The licenses granted herein are only for the number of computers for which

you paid for the Products. You can secure additional computers by obtaining a separate

license for each computer, which might require an additional fee. You must have a license

for each computer that accesses or use the Products prior to installing or using the Products.

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1.5. Updates. Comodo is not obligated to provide updates to the Products. If an update is

provided and the update is not accompanied by an additional agreement, this agreement

applies to your use and installation of the update. Some Products update automatically

without notice.

1.6. Trial, Evaluation, and Beta. If this agreement pertains to a trial, beta, or evaluation version,

the licenses granted herein terminate at the end of the trial or evaluation period or when

Comodo disables access to the Products. All trial, evaluation, and beta licenses are limited

to one per customer. Generally, credit card information is required to access a free trial.

However, Comodo shall not charge your credit card until the trial period has ended. At the

end of the trial period, Comodo may bill the credit card for the Products without further notice.

Participants in a free trial are not entitled to a 30 day refund period as described in section

8.4. Your termination of this agreement prior to the end of the free trial is required to avoid

fees for the Products. Annual subscriptions expire one year from the end of the trial period.

Comodo may deny or revoke a free trial for any reason.

2. Specific Licenses

The following specific licenses may be included in the Products:

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. DNS Services

(i) With your permission, CIS will reconfigure your DNS settings to point to the Comodo

name servers to accept, process, and resolve recursive DNS queries (“Recursive

Traffic”). Comodo may re-direct or terminate Recursive Traffic that Comodo, in its

sole discretion, determines or considers to be harmful or invalid. You must not

disclose the NameServer addresses to any third party who has not accepted this

Agreement.

(ii) Upon termination of this agreement, you must change your DNS settings away from

Comodo’s NameServers. Comodo is not required to provide access to alternative

services at termination.

(iii) The DNS services contain links to websites operated by third parties ("Third Party

Sites"). These links are for your convenience only. Comodo does not endorse,

control, monitor, or verify the contents of the Third Party Sites and is not liable for

the contents or for any loss, damage or injury sustained arising out of your access to

the Third Party Sites.

2.3. GeekBuddy Services

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

support services as described on the Comodo website. Comodo may discontinue

offering and may terminate the free trial version at any time. Comodo may change

the specific scope of GEEKBUDDY without notice.

(ii) GEEKBUDDY is provided only after you contact the GEEKBUDDY support staff

using software provided by Comodo. GEEKBUDDY is provided via Internet chat and

remote desktop sharing, and access to the Internet is required to use GEEKBUDDY.

You are responsible for providing and maintaining your Internet connection. A high

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speed Internet connection is highly recommended in order to avoid delays or

problems with GEEKBUDDY. You are responsible for ensuring that use of

GEEKBUDDY complies with all applicable computer and network policies. Prior to

using GEEKBUDDY, you must have administrator rights to the computer, have a

back-up of all data on the computer, and provide Comodo with correct and accurate

information.

(iii) You authorize Comodo to access your computers and delete the files that Comodo

deems unnecessary to your computers’ operation. You grant Comodo express

permission to alter the registry of any computer using GEEKBUDDY and to install,

configure, and use additional software on your computers as Comodo sees fit.

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

problems with computers using GEEKBUDDY. Your failure to cooperate with the

Comodo representative constitutes a breach of this agreement. The Comodo

representative has sole discretion over any instructions and steps taken in providing

the GEEKBUDDY services.

(v) The Comodo support representative may need to download, run, or use software on

your computer to assist in diagnosing and resolving computer problems. Such

software may include toolbars, utilities, and other tools that allow Comodo to improve

computer performance and solve technical problems (collectively, the “Diagnostic

Software”). Use of all Diagnostic Software is subject to the license agreements

associated with the Diagnostic Software and you must accept and comply with all

such license agreements.

(vi) The scope and extent of GEEKBUDDY is limited to the options selected by you when

registering for GEEKBUDDY. Comodo performs the GEEKBUDDY services in any

manner it sees fit. GEEKBUDDY does not cover restoration services, repair

services, lost or expected profits, lost or corrupted data, lost or deleted work, or lost

or damaged personal files. Comodo does not guarantee against the loss of any file,

information, or data. Unless your subscription to the services states otherwise, you

are solely responsible for backing up and safely storing its data, information, and

files. You shall (1) obtain and pay for all equipment and third-party services required

to use and receive the GEEKBUDDY services and (2) be responsible for all content

on both your computer and network.

(vii) Comodo provides GEEKBUDDY using commercially reasonable efforts. Comodo

does not represent that that commercially reasonable efforts will optimally configure a

network or provide you with any significant energy savings

2.4. Auto Sandbox Services.

A service that isolates unknown programs. By default an unknown programs are executed

inside sandbox and then automatically sent to Comodo for malware analysis. If a program is

found by Comodo to be malicious it is then added to the CIS malware definitions list. If it

found to be safe it is added to CIS safe program list. The next time CIS receives antivirus

updates, CIS scans all the programs running inside sandbox. If any program is found to be

malicious, sandbox isolates the program and moves it to the quarantine list to protect your

computer. Safe programs are removed from sandbox and are no longer executed inside

sandbox. To disable Auto Sandbox and/ or automatic submission of programs to Comodo, go

to “Sandbox Settings” and uncheck the appropriate boxes.

3. Limited Guarantee

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3.1. Scope. Some versions of the Products include a limited guarantee that is valid for one year

from the date of the Product’s activation by the original purchaser. The guarantee covers the

repair of certain damage that could occur to a computer as a result of malware. Each license

of the guarantee can cover up to three computers on the same home network, provided that

each computer qualifies for guarantee coverage as explained herein. To qualify, each

computer must have 1) the minimum requirements to install and run the Product, 2) the

guarantee activated using the license key provided by Comodo, 3) the correct version of CIS

installed on the computer, and 4) a CIS system scan run to verify that the computer is free

from malware. The guarantee does not apply if a computer 1) is unable to access the

Internet, 2) more than one year has lapsed since the date of the Product’s activation by the

original purchaser, 3) the computer has preexisting malware, 4) does not have CIS installed

and operating in the correct functional state. After installing the CIS, you must, on each

computer, a) keep CIS operating at all times in one of 1) Paranoid Mode, 2) Train with Safe

Mode, or 3) Clean PC Mode and b) not disable or remove the CIS. The guarantee excludes

all damage caused by a hardware failure or caused by non-malware software. THE LIMITED

GUARANTEE IS ONLY AVAILABLE TO YOU IF YOU ARE A RESIDENT OF THE UNITED

STATES AND HAVE PURCHASED A VERSION OF THE SOFTWARE THAT INCLUDES

THE GUARANTEE, FREE AND OR TRIAL VERSIONS OF THE SOFTWARE DO NOT

INCLUDE THE GUARANTEE. The guarantee is non-transferrable, and can only be used by

the original purchaser of the Software.

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

(i) The actual cost of the computer;

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

(iii) The actual cost of a Comodo specified and authorized third party provider to repair the

computer to an operating condition (“Guarantee Limit”).

The guarantee is limited to repairing the computer over the Internet to an operational state

and excludes all claims for lost or expected profits, lost or corrupted data, lost or deleted

work, or lost or damaged personal files. Comodo does not guarantee against the loss of any

file or information. The guarantee is void if you breached this agreement, failed to follow the

procedures described in this Section 3, or failed to pay any fees applicable to your use of the

Software.

3.3. Claims. If a computer qualifying under Section 3.1 becomes infected with malware you must

take the following steps: 1) backup all data on the computer, 2) promptly contact Comodo

over the Internet by email at: guarantee@comodo.com, and 3) allow a Comodo support

representative to remotely connect to the infected computer and remove the malware.

Comodo only provides remediation services over the Internet and you must be able to access

the Internet to use the limited guarantee. Damage to a computer by anything other than

malware is not covered by the limited guarantee. If a Comodo support representative cannot

connect to the computer because of the malware, the limited guarantee does not apply. To

qualify for a payment under the limited guarantee, you must allow Comodo access to each

infected computer and must assist Comodo in any manner necessary to remove the malware

and repair the computer. Failure to cooperate with a Comodo representative voids the

guarantee. The instructions and steps necessary to fix the computer and provide the support

are in the Comodo representative’s sole discretion.

3.4. Diagnostic Software. The support representative may download, run, or use software on

your computer to remove the malware and restore the computer to its pre-infection operating

condition. This software includes software that can control your computer remotely along

with Diagnostic Software. You shall accept any license agreement required to use the

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Diagnostic Software. Use of the Diagnostic Software by the support representative does not

require any additional payment by you.

3.5. Usage Statistics. Comodo may collect usage statistics that will enable Comodo to adjust our

user interface (UI) and user experience (UX). The usage statistics may include: Operating

System informaiton, Monitor Resolution, Font Info, Windows AERO status, Desktop DPI,

Language, User hardware id, Application Start timestamp, Application End timestamp,

Control ID, type of control, Event, type of event, Position on Screen, timestamp; Full inventory

of installed applications, files and registry created by each installed application, Update

management for all installed Comodo products.

3.6. 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.

3.7. Payment. If Comodo is able to connect to your computer but is unable to restore a qualifying

computer’s functionality and remove the malware, Comodo shall, subject to the Guarantee

Limits and at sole discretion, pay for Comodo’s choice of 1) the cost of having a third party

provider repair the computer or 2) for a replacement computer. If Comodo chooses to repair

the computer, Comodo will provide instructions on where the computer may be delivered for

repair. If the repair facility is greater than 20 miles from your physical location, Comodo shall

pay the cost of mail delivery of the computer but you shall pay any applicable shipping

insurance costs. You bear all risk of loss during shipping to or from the repair facility. If the

repair facility is unable to restore the computer’s operating functionality before the end of the

fifth business day after the repair facility’s receipt of the computer, Comodo shall pay you,

subject to the Guarantee Limits, the fair market value of each qualifying irreparable computer.

4. Personal Internet and Identity Coverage. Comodo’s personal internet and identity coverage plan

(“ID Protection”) is offered to customers who register for the services and become a member of the ID

Protection policy. Only one customer may register per license key. The terms of ID Protection are

governed by the summary description.

5. Ownership

5.1. No Ownership Rights. The Products are being licensed, not sold. Comodo retains all

ownership rights in and to all Products, including any intellectual property rights therein.

5.2. Copyright. The Products contains material that is protected by United States and foreign

intellectual property laws, including copyright, trade secret, and patent law. All rights not

granted to you herein are expressly reserved by Comodo. You may not remove any copyright

or other proprietary notice of Comodo from the Products.

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

through the Products is the sole responsibility of the person or entity from whom it originated

and is the property of the applicable owner. This agreement does not give any rights to such

content. Comodo does not endorse any such content. You accept all responsibility for

security risks and any damage resulting from any content viewed or accessed through the

Products, and Comodo is not responsible for any damage or loss caused by your use or

reliance on any of the content, goods or services, or information available through third party

sources regardless of how presented.

5.4. Submissions. Any communications sent to Comodo are the property of Comodo or its

affiliates. Unless stated otherwise herein, submissions are not considered confidential, and

Comodo is not liable for any use or disclosure of a submission. Except as noted herein,

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Comodo is entitled to unrestricted use of any submissions for any purpose whatsoever

without compensation to the provider of the submission.

6. Payment

6.1. Fees. Certain Products may be used without payment to Comodo. For other Products, you

must pay the fee listed on Comodo’s website prior to using or accessing the Products. Free

and paid for Products are listed on www.comodo.com. Comodo may modify fees for paid

products in its sole discretion. Your failure to terminate this agreement after a fee change is

posted to Comodo’s website constitutes your acceptance of amended prices, which will apply

upon your renewal of the Products.

6.2. Method of Payment. All fees must be paid in advance. Comodo may automatically charge

the credit card provided for renewing subscriptions to the Products. However, you remain

solely responsible for any renewal payment. If renewal payments are not made before a

subscription expires, Comodo may, without notice, restrict or remove your access to the

Products.

6.3. Rejected Charges. If any charges are rejected by your credit card issuer then Comodo may

deactivate your account until payment is successfully received. Comodo may deactivate any

account that has a disputed charge until Comodo, in its sole discretion, determines the

dispute resolved.

6.4. Billing Issues. You shall provide Comodo notice of any billing problems or disputes within 60

days after the charge first appears on a statement you receive from your bank, credit card

company, or other billing company. Failure to notify Comodo of the problem within the 60

day period is your acceptance of the charges. Comodo is not obligated to provide a refund

for any unused Products.

7. Restrictions

7.1. Lawful Use. The Products are solely for lawful purposes and use. You are responsible for

ensuring that your use of the Products is in accordance with this agreement and any

applicable laws, statutes, ordinances, regulations, rules and other government authority.

7.2. Compliance. You shall (1) not interfere or disrupt networks connected to Comodo’s services;

(2) comply with all regulations, policies and procedures of networks connected to the

services; (3) not use the Products to infringe the privacy or intellectual property rights of a

third party; (4) not use the Products to distribute or transmit any file that contains malware, (5)

not attempt to gain unauthorized access to other computer systems; and (6) not use the

Products to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive,

violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise

objectionable material of any kind or nature.

7.3. Export. You represent that you are not located in and will not modify, export or re-export,

either directly or indirectly, the Products to any country or entity under United States

restrictions or to any country or entity subject to applicable trade sanctions. The United States

restricted country and persons list is subject to change without notice from Comodo, and you

must comply with the list as it exists in fact. COMODO SHALL NOT BE LIABLE FOR YOUR

VIOLATION OF ANY SUCH EXPORT OR IMPORT LAWS, WHETHER UNDER UNITED

STATES LAW OR FOREIGN LAW.

8. Termination.

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

paid Products during the period for which you have paid the subscription fee. The

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subscription may be renewed by paying an additional license fee as set forth on the Comodo

website.

8.2. Termination by You. For free software, you may terminate this agreement at any time by

removing all copies of the software in your possession or under your control. All paid

Products may be terminated by removing all copies of any related software and notifying

Comodo of your intent to terminate this agreement. Notification of termination must be sent

by email to support@comodo.com. Your termination will be effective upon Comodo’s receipt

and processing of the email. Processing may take up to 24 hours.

8.3. Termination by Comodo. Comodo may terminate this agreement at any time by posting

notice of the termination on its website or sending an email to the address provided during

your registration for the Products. Comodo may monitor its systems for excessive

consumption of network resources and may take technical or other remedies deemed

necessary to prevent or eliminate any excessive consumption. If Comodo deems your use to

be excessive, Comodo may, with email notice, terminate your account or adjust the price of

the Products.

8.4. Refunds. After purchasing the Products, you may cancel your subscription at any time.

Unless you have participated in a promotion under section 1.6, you may be entitled to a

refund. If you cancel your subscription within the first 30 days after making payment and are

eligible for a refund, Comodo shall refund to you the full amount paid by you. If you cancel

after the first 30 days and your account is listed as an ESM or livePCsupport business

account, Comodo shall provide you with a pro-rata refund for each month left on you

subscription less any discounts given for pre-payment of fees. To request a refund, you

must email refunds@comodo.com within 30 days of the purchase date.

8.5. Events Upon Termination. Upon termination, you must immediately cease using the

Products and delete all copies of any related software found on your computer and any

backup copies made. Upon termination, Comodo may disable further use of the Products

without further notice and may delete, remove, and erase any account information, any

backup data stored by Comodo, and any other information stored or collected by Comodo.

Such deletions are in Comodo’s sole discretion and may occur without notice to you. No

refunds shall be given for any reason.

9. Indemnification.

9.1. Indemnification. You shall indemnify (i) Comodo, (ii) Comodo’s affiliates, and (iii) Comodo’s

and its affiliate’s directors, officers, employees, and agents (each an “Indemnified Person”)

against all liabilities, losses, expenses, or costs (including reasonable attorney’s fees)

(collectively “Losses”) that, directly or indirectly, are based on your breach of this agreement,

information provided by you, or your infringement on the rights of a third party.

9.2. Indemnification Procedure. Comodo shall notify you promptly of any demand for

indemnification. However, Comodo’s failure to notify will not relieve you from your

indemnification obligations except to the extent that the failure to provide timely notice

materially prejudices you. You may assume the defense of any action, suit, or proceeding

giving rise to an indemnification obligation unless assuming the defense would result in

potential conflicting interests as determined by the Indemnified Person in good faith. You

may not settle any claim, action, suit or proceeding related to this agreement unless the

settlement also includes an unconditional release of all Indemnified Persons from liability.

9.3. Additional Liability. Your indemnification obligations are not Comodo’s sole remedy for a

breach and are in addition to any other remedies Comodo may have against you under this

agreement. Your indemnification obligations survive the termination of this agreement.

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10. Disclaimers and Limitation of Liability.

10.1. Internet. You acknowledge that the Products are subject to the operation and

telecommunications infrastructures of the Internet and the operation of your Internet

connection services, all of which are beyond Comodo’s control.

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

OTHERWISE IN THIS AGREEMENT, COMODO EXPRESSLY DISCLAIMS ALL IMPLIED

AND EXPRESS WARRANTIES IN THE PRODUCTS. THIS DISCLAIMER INCLUDES ALL

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY

LAW. COMODO DOES NOT GUARANTEE THAT 1) THE PRODUCTS WILL MEET YOUR

REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE PRODUCTS WILL

BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10.3. Damage Limitation. THE TOTAL LIABILITY OF COMODO AND ITS AFFILIATES, AND

EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND

CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS

LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS. YOU WAIVE ALL

LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR

DATA AND APPLIES EVEN IF COMODO IS AWARE OF THE POSSIBILITY OF SUCH

DAMAGES. These limitations apply to the maximum extent permitted by law regardless of 1)

the reason for or nature of the liability, including tort claims, 2) the number of claims, 3) the

extent or nature of the damages, and 4) whether any other provisions of this agreement have

been breached or proven ineffective.

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

THE PRODUCTS IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE

USE OR YOUR POSSESSION OF SUCH DATA OR MATERIAL. COMODO DOES NOT

ACTIVELY MONITOR ANY INFORMATION OR MATERIAL TRANSFERRED THROUGH

ITS PRODUCTS AND CANNOT WARRANT THE CONTENT OF SUCH MATERIAL OR

DATA.

10.5. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain

damages, then the disclaimers of guarantee and limitations on liability herein apply to the

maximum extent allowed by law.

10.6. Limitations on Remedy. Except for actions and claims related to a party’s indemnification

obligations, all actions or claims relating to this agreement must be brought within one (1)

year from the date when the cause of action occurred.

11. Privacy.

11.1. Privacy Policy. Comodo shall follow the privacy policy posted on its website at

http://www.comodo.com/repository/privacy_agreement.html when collecting and using

information from you. Comodo may amend the privacy policy at any time by posting the

amended privacy policy on its website.

11.2. Disclosure. Comodo will disclose information where required by a subpoena, interception

order or other lawful process. Comodo may also disclose information when it believes that

such disclosure is necessary to protect the rights or safety of others or to enforce, or protect

Comodo’s rights under this Agreement.

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

Products by emailing a clear notice to optout@comodo.com. By clicking “I AGREE”, you

affirmatively consent to receiving Comodo’s and its affiliates’ promotional material.

12. Miscellaneous

12.1. Notices. All questions, notices, demands, or requests to Comodo with respect to this

Agreement shall be made in English writing to: Comodo Security Solutions, Inc., 525

Washington Blvd., Suite 1400, Jersey City, New Jersey 07310. All notices to you shall be

made by posting the notice on the Comodo website.

12.2. Entire Agreement. This agreement, along with the attached schedules and any documents

referred to herein, is the entire agreement between the parties with respect to the subject

matter, superseding all other agreements that may exist with respect to the subject matter.

Section headings are for reference and convenience only and are not part of the

interpretation of the agreement.

12.3. Modifications. Comodo may amend or discontinue certain Products offered under this

agreement in its sole discretion, including modifying renewal license fees, availability,

equipment and software requirements, and limiting or restricting use of Products. Comodo

may amend this agreement to the extent allowed by law. Comodo will give you notice of

these amendments by posting the modified agreement to its website. You must periodically

visit Comodo’s website to be aware of any changes. Continued use of a Product after an

amendment constitutes your acceptance of the change.

12.4. Waiver. A party’s failure to enforce a provision of this agreement does not waive the party’s

right to enforce the same provision later or right to enforce any other provision of this

agreement. To be effective, all waivers must be both in writing and signed by the party

benefiting form the waived provision.

12.5. Force Majeure and Internet Frailties. Other than for payment obligations by you, neither party

will be liable for a delay or failure to perform an obligation to the extent that the delay or

failure is caused by an occurrence beyond the party's reasonable control. Each party

acknowledges that the operation of the Internet is beyond the other party’s reasonable

control, and neither party will be liable for a delay or failure caused by an interruption or

failure of telecommunication or digital transmission links, Internet slow-downs or failures, or

other such transmission failure.

12.6. Governing Law and Venue.

(i) If you are not in Asia, then the laws of the state of New Jersey govern the

interpretation, construction, and enforcement of this agreement and all proceedings

arising out of it, including tort claims, without regard to any conflicts of law principles.

All proceedings or legal action arising from this agreement must be commenced in

the state or federal courts of New Jersey. Both parties agree to the exclusive venue

and jurisdiction of these courts.

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

interpretation, construction, and enforcement of this agreement and all proceedings

arising out of it, including tort claims, without regard to any conflicts of law principles.

All proceedings or legal action arising from this agreement must be commenced in

the courts of Beijing, China.

12.7. Assignment. You may not assign any of your rights or obligations under this agreement,

whether by merger, consolidation, operation of law, or any other manner, without the prior

written consent of Comodo. For purposes of this section only, a change in control is deemed

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an assignment. Any transfer without consent is void. To the extent allowed by law, Comodo

may assign its rights and obligations without your consent.

12.8. Severability. Any provision held invalid or unenforceable will be reformed to the minimum

extent necessary to make the provision valid and enforceable. If reformation is not possible,

the provision is deemed omitted and the balance of the agreement remains valid and

enforceable.

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

limitations of liability survive the termination of the agreement.

12.10. Rights of Third Parties. There are no third party beneficiaries under the agreement.

ACCEPTANCE

BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS

AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS. DO NOT

CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.