Comodo Endpoint Security Manager 2.1 2.1

EULA - End User License Agreement

END USER LICENSE AGREEMENT

Comodo Endpoint Security Manager

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING THIS AGREEMENT.

IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING COMODO ENDPOINT SECURITY MANAGER ("SOFTWARE"). BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, OR BY CLICKING ON "I AGREE" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE AND DO NOT CLICK "I AGREE".

This end-user license agreement is a legal contract between you, as either an individual or as a business entity, and Comodo Security Solutions, Inc. ("Comodo" Mode on each computer, and b) not disable or remove CIS. The warranty does not cover any problems related to hardware failures or non-malware software.
3.2. Limits. The warranty is limited to the lesser of 1) an aggregate total of $5,000 US for all of the computers listed in the license file provided by Comodo and 2) the actual cost of a Comodo specified third party to repair the computer to an operational condition ("Warranty Limit"e malware and restore the computer to its pre-infection operating condition. This software includes software that can control your computer remotely along with toolbars and other utilities (collectively "Diagnostic Software"vided, Comodo may make the Software inaccessible to you until payment is received
4.3. Billing Issues. You shall notify Comodo of any billing problems or disputes within 30 days after the charge first appears on a statement from the credit card provider. You waive your right to dispute any billing problem if you fail to notify Comodo within the 30 day period.

5. Term and Termination.
5.1. Term. Unless terminated under section 4.2 or 4.3, this agreement continues for as long as you have paid any applicable fees for the Software. Comodo may terminate this agreement without notice if you fail to pay any applicable fees.
5.2. Voluntary Termination. You may terminate this agreement by uninstalling the Software and contacting support@comodo.com. In this case, the agreement terminates upon Comodo's receipt of the email.
5.3. Involuntary Termination. Comodo may terminate this agreement without notice by disabling your account or the Software. Comodo may disable your account or deny access to the Software at any time.
5.4. Events Upon Termination. Upon termination, you shall cease using the Software and delete all copies of installed Software. Comodo shall not bill you any additional fees but is not obligated to provide refunds for any paid for but unused Software.

6. Indemnification.
6.1. Indemnification. You shall indemnify Comodo and its affiliates and their respective directors, officers, employees, and agents (each an "Indemnified Person") against all liabilities, losses, expenses, or costs (including reasonable attorney's fees) (collectively "Losses") that results from your use of the Software or your infringement on the intellectual property rights of a third party.
6.2. Indemnification Procedure. Comodo shall notify you of any demand for indemnification. Comodo's failure to notify will not relieve you from your indemnification obligations except to the extent that the failure 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 shall 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.
6.3. Additional Liability. The indemnification obligations herein are not Comodo's sole remedy for your 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.

7. Warranty Disclaimers.
7.1. Internet. You acknowledge that the Software is subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond Comodo's control.
7.2. Warranty Disclaimer; Assumption of Risk. YOU AKNOWLEDGE THAT COMODO PROVIDES THE SOFTWARE "AS IS" AND "AS AVAILABLE"ment must be brought within one (1) year from the date when the cause of action occurred.
8.3. Remedy. Your sole remedy for a defect in the Software is to have Comodo attempt to cure the defect. Comodo is not obligated to correct a defect if (i) the Software was misused, damaged, or modified, (ii) you did not promptly report the defect to Comodo, or (iii) you have breached any provision of this agreement.

9. Privacy.
9.1. Privacy Policy. Comodo shall follow the privacy policy posted at http://www.comodo.com/repository/css_privacy_agreement.html when using collected personal information. Comodo may revise its privacy policy without notice by posting the amended privacy policy on the Comodo website. You shall periodically review the website to be aware of changes.
9.2. Communication. Comodo may send you communications regarding your account, the Software, or its other products and services. By accepting this agreement, you consent to receiving marketing material from Comodo and its affiliates. You may withdraw this consent later and opt-out of receiving communication not directly related to the Software by emailing optout@comodo.com.
9.3. Data Collection. Comodo may collect any information necessary to ensure your compliance with this agreement. Comodo may also collect non-personally identifiable information about your use of the Software, which Comodo may use without restriction.

10. Arbitration. To the extent permitted by law, you shall notify Comodo of any dispute arising under this agreement before seeking dispute resolution. If dispute is not resolved within sixty (60) days after initial notice, then a party may proceed as follows:
(i) The parties shall resolve the dispute by arbitration conducted through the services of the American Arbitration Association ("AAA"). The party initiating the arbitration shall send notice to the other party. All arbitration hearings will be in Jersey City, New Jersey.
(ii) The parties shall appoint a panel of three possible arbitrators to hear the matter and then each party shall name one Arbitrator to be dropped from the panel, leaving one arbitrator. The party giving notice of the arbitration shall select the first dropped arbitrator.
(iii) The parties shall split the costs of the arbitrator equally regardless of the final decision. The party found in default of this agreement by the arbitrator shall pay all costs of the other party that are incurred in enforcing its rights under this agreement (including attorney's fees).

For "11. Miscellanous" please refer to http://www.comodo.com/repository/eula/EULA-CESM.pdf.