COMODO AVAILABLE SOURCE LICENSE (CASL) AGREEMENT
BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE SOFTWARE, 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 USE THE SOFTWARE.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL FOR CERTAIN DISPUTES.
If you are receiving the software on behalf of a legal entity, you represent and warrant that you have the actual authority to agree to the terms and conditions of this agreement on behalf of such entity.
This Agreement is between you (“You”) and Comodo Security Solutions, Inc., which has its principal place of business at 1255 Broad Street, Suite 100, Clifton, New Jersey 07013, and shall be referred to herein as “Comodo” or “Licensor.”
In exchange for your use of the Software, you agree as follows:
1.1 Subject to the terms and conditions of this Section 1, Licensor hereby grants to You a non-exclusive, royalty-free, worldwide, non-transferable license during the term of this Agreement to:
(a) distribute or make available the Software or your modifications under the terms of this Agreement without charge, and only as part of your free application, so long as you include the following notice on any copy you distribute: “This software is subject to the terms of the Comodo Available Source License Agreement.”
(b) use the Software or your modifications without charge and only as part of your free application, but not in connection with any product that is distributed or otherwise made available by any third party.
(c) modify the Software, provided that all modifications remain subject to the terms of this License.
(d) reproduce the Software as necessary for the above.
(e) the above terms are conditional on You not charging any fees for the Software, modifications or any application which uses the Software or a modification thereof. Any attempt at charging or collecting fees from the Software, modifications, or applications automatically terminates the License with all rights reverting back to Comodo.
1.2 Sublicensing: You may sublicense, for no charge only, the right to use the Software fully embedded in your free application as distributed by you in accordance with Section 1.1(a), pursuant to a written license that disclaims all warranties and liabilities on behalf of Licensor.
1.3 Notices: On all copies of the Software that you make, you must retain all copyright or other proprietary notices.
1.4 Software for Services: MSSPs (Managed Security Services Providers) or SOCs (Security Operation Centers) can use the Software, with or without modifying, and can create service offerings around the Software. MSSPs or SOCs may charge for these services. The above licensing grant in Sections 1.1 through 1.3 does not prohibit this use case.
2.1 No Ownership Rights. The Software is being licensed, not sold. Comodo retains all ownership rights in and to all Software, including any intellectual property rights therein.
2.2 Copyright. The Software 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 from the Software.
2.3 Updates. Comodo is under no obligation to provide update, support or patches for the Software.
3.1 Term. This agreement is effective until terminated by you or by Comodo. Any breach any of the terms, obligations, and conditions herein by You under this Agreement, terminates this Agreement automatically and the licenses granted herein will terminate automatically.
Termination by You. You may terminate this agreement at any time by removing all copies of the software in your possession or under your control.
4.1 Guarantee Disclaimer; Assumption of Risk. EXCEPT AS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT, COMODO EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE SOFTWARE. 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 SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. The SOFTWARE IS PROVIDED “AS IS."
COMODO HAS NO LIABILITY OR RESPONSIBILITY FOR ANY PRE-EXISTING CONDITION ON YOUR COMPUTERS, DEVICES OR SYSTEMS, INCLUDING FAILURE TO CURE, DETECT OR REMEDY THE CONDITION AFTER INSTALLATION AND USE OF THE SOFTWARE.
4.2 Damage Limitation. TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, LICENSOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT.
5.1 Entire Agreement. This agreement, along with any 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.
5.2 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 from the waived provision.
5.3 Arbitration and Governing Law. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY TRIAL IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED
You agree that any dispute, claim or controversy arising out of this agreement shall be determined by binding arbitration. Before you may begin arbitration with respect to a dispute involving any aspect of this Agreement, you shall notify Comodo and any other party to the dispute for the purpose of seeking dispute resolution. The notice to Comodo should be addressed to 1255 Broad Street, Clifton, New Jersey 07013.
If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following: Any unresolved dispute arising under the terms of this Agreement shall be decided by arbitration conducted through the services of the Commercial Arbitration Rules of the American Arbitration Association (hereinafter referred to as the “AAA”). Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement. Arbitration hearings shall be held in the state of New Jersey at a location mutually agreeable to the parties.
The laws of the state of New Jersey govern the interpretation, construction and enforcement of this agreement and all proceedings arising out of it without regard to any conflicts of laws principles. Both parties agree to the exclusive venue and jurisdiction of state or U.S. federal courts located in New Jersey.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to this agreement and are specifically excluded.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Comodo will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings.
5.4 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 an assignment. Any transfer without consent is void. To the extent allowed by law, Comodo may assign its rights and obligations without your consent.
5.5 Severability. In the event that any provision is held invalid, unconscionable, or unenforceable in any manner, the licenses under this Agreement automatically terminate.
Included Software and Licenses
The following third party or open source software may be included and is provided under other licenses and/or has source available from other locations.
For Open EDR:
The build produces one set of binaries, which all fall under the CASL Agreement. The binaries also contain the following source codes that are licensed separately, and all public releases of EDR by Comodo Security Solutions, Inc. contain the following licenses acquired by Comodo Security Solutions, Inc. • https://netfiltersdk.com/license.html • http://help.madshi.net/License.htm Therefore, the following source code contained with or used in Open EDR are specifically excluded from this License:
- Netfilter SDK : https://netfiltersdk.com/
- MadCodeHook: http://madshi.net/ Please contact the respective software owners directly for licensing information.