END USER LICENSE AGREEMENT
Comodo Back-Up Enterprise Free/Paid
Comodo Back-Up Free/Paid
Comodo Online Storage Free/Paid
Comodo Cloud Free/Paid
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
IMPORTANT – THIS AGREEMENT RELATES TO FREE AND PAID VERSIONS OF COMODO BACK-UP ENTERPRISE, COMODO BACK-UP, COMODO ONLINE STORAGE AND COMODO CLOUD, COLLECTIVELY COMODO “STORAGE PRODUCTS”. PLEASE READ THESE TERMS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING COMODO STORAGE PRODUCTS FREE OR COMODO STORAGE PRODUCTS PAID. BY USING, APPLYING FOR, OR ACCEPTING THE SERVICES 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 AND CONDITIONS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE A COMODO CLOUD PRODUCT.
This Subscriber Agreement ("Agreement") constitutes the final binding agreement between you and Comodo Security Solutions, Inc. ("Comodo") which has its principal place of business at 1255 Broad Street, Clifton, New Jersey 07013.
1. License.
1.1. Grant of License. Comodo grants to you a limited, non-exclusive, and revocable license to download, install, back-up, and use Comodo’s Storage Products software and related services (“Services”) on (1) one personal computer for the term for which you have paid. This license includes the right to use any documentation, files, or website information accompanying the Services. Any violation of the terms of this Agreement shall automatically revoke the license granted herein. This License grant shall expire at the end of the paid subscription period or at the end of the free or trial period.
1.2. Limited License Service. The licenses granted herein are contingent upon Comodo’s receipt of the applicable license fees and taxes due for the Services. These fees shall allow you to use Services for the duration of the subscription service as selected by you during your registration of the Services (“Subscription Period”). The fees owned for the use of the Services are set forth on Comodo’s website and are subject to change without notice. License fees may vary depending on the usage of the Services. These fees are owed regardless of whether or the Services are actually used. No refunds will be given for any unused Services or any early termination of the Subscription Period.
1.3. Trial, Evaluation, and Beta. If this agreement pertains to a trial, beta, or evaluation version, the licenses granted herein are granted for your personal non-business use only and 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. All trial, evaluation, and beta licenses are limited to one per customer. Annual subscriptions expire one year from the end of the trial period. Comodo may deny or revoke a free trial for any reason.
1.4. Restrictions. The licenses granted herein are only valid if:
(i) the Services are NOT modified in any manner;
(ii) all copyright and proprietary notices or labels in the Services are maintained in their original format;
(iii) the Services are only installed and used in accordance with your network security policies,
(iv) you possess the necessary authority and power to install the Services,
(v) you promptly pay all license fees when due,
(vi) this Agreement is accepted without any modification, and
(vii) you have not breached the terms of this Agreement in any manner.
1.5. Updates. For purposes of this Agreement, “Services” includes all updates, enhancements, modifications, revisions, or additions made by Comodo to the included software (“Updates”). The licenses and obligations provided herein shall extent to all Updates. Any Updates are made in Comodo’s sole discretion and Comodo is not obligated to provide Updates to you under any circumstances. Some Services uses Internet-based updating services. In this case, Comodo may automatically check the version of the Services being used and may provide Updates automatically through the updating service.
1.6. Registration. The Services require registration or activation to be used properly. You agree to provide accurate and complete information on all registration forms. Failure to complete the registration or activation may limit your ability to use the Services or may disable the Services from functioning. When registering or activating Services, you may be required to select a username and password. Maintaining the confidentiality of this password and username is your responsibility, and Comodo is not responsible for any loss or damage arising from unauthorized access to your account or your failure to comply with this section. You are fully responsible for any activities that occur under your username even if unauthorized. You must notify Comodo immediately of any unauthorized use of your account.
2. Services.
2.1. Limited License. The licenses granted herein are only for a single account for which you have paid the applicable fees and taxes for the Services and are granted solely for the purpose of allowing you to connect to and use the Services for your personal or internal business use. Multiple accounts may be secured through a separate paid license for each account. You must have a license for each account used to access or use the Services. You may not use the services or permit others to use the Services to encrypt or decrypt any data other than the data stored on a computer connected to an account. You will not use the services to perform storage or backup for any third parties.
2.2. Delivery. Comodo shall provide you with an interface necessary to use the Services (“Interface”). You agree to access the Services only through the Interface and will not create any derivative works of the Interface or the Services. You agree not to circumvent any limitations to the Services or Interface as implemented by Comodo.
2.3. Storage. When using the Services and the 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 Services, including any resulting from lost or compromised data.
2.4. Routine Scans. 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.
2.5. File Usage. 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.
2.6. Time Delay. 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 Storage data. 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 and without notice to you 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 a period of time after your subscription to the Services expires in order to allow you to renew the Subscription Period if desired.
2.7. Deletion. 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 in accordance with Section 8.4.. 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.
3. Ownership
3.1. No Ownership Rights. The Services are being licensed, not sold. This Agreement does not grant any ownership rights to you and gives you only a limited license to use the Services during the term of the Agreement. The Services and all related intellectual property rights, whether under copyright, trade secret, patent, or tradem