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Trust Toolbar End-User Software Licence Agreement

Please read this document carefully before proceeding. This Agreement licenses use of the Comodo Toolbar Software to you. By selecting the 'Install' button, you are confirm your acceptance of the Comodo Trust Toolbar Software and agree to become bound by the terms of this Agreement.

1. Definitions

"Commencement Date" means the date that the Trust Toolbar Software is downloaded by the User;
"Relying Party Agreement" means the agreement attached or electronically linked to this Agreement between the User and Comodo;
"Trust Toolbar E-Sigil Certificate" means a digital certificate (conforming to the X509 Version 3 ITU-T standard) issued and digitally signed by Comodo for the purpose of identifying an individual, corporation or unincorporated body's domain name or specific universal resource locator in order to provide security for a brand, images (including hallmarks and logo) and customer base;
"Trust Toolbar Service" means the service provided by Comodo pursuant to the Relying Party Agreement and utilising the Trust Toolbar Software which is used to verify and retrieve Trust Toolbar E-Sigil Certificates and display certain information from the Trust Toolbar Certificates on the Trust Toolbar interface;
"Trust Toolbar Software" means the software program designed by Comodo for use with the Trust Toolbar Service and supplied by Comodo to the User pursuant to this Agreement.

2. Conditions

The User agrees that this Agreement is conditional upon the User entering into the Relying Party Agreement and the User agrees to use the Trust Toolbar Service in accordance with the provisions of the Relying Party Agreement.

3. Licence

3.1 In consideration of the mutual promises set out in this Agreement, Comodo CA Limited ("Comodo") hereby grants to you (the "User") a revocable, non-exclusive, non-transferable, personal, royalty-free licence to:

3.1.1 install and use the Trust Toolbar Software on a single computer in accordance with clause 4.1; and
3.1.2 make one copy of the Trust Toolbar Software in machine-readable form solely for back-up purposes. The User must reproduce on any such copy all copyright notices and any other proprietary legends found on the original;

4. Scope of use

4.1 For the purposes of sub-clause 3.1.1 above, "use" of the Trust Toolbar Software shall be restricted to use of the Trust Toolbar Software in object code form only in conjunction with the Trust Toolbar Service.

5. Restrictions

5.1 Subject to clause 3.1.2, the User shall not copy, develop, enhance, adapt or modify the Trust Toolbar Software.

5.2 The User shall not decompile (except where such decompiliation is expressly permitted by section 50B of the Copyrights, Designs and Patents Act 1988), reverse engineer, disassemble, or otherwise change the Trust Toolbar Software or merge or include the Trust Toolbar Software with or in any other software or reduce the Trust Toolbar Software to a human-perceivable form.

5.3 The User shall not rent, lease, sub-licence, transfer, sell, resell any portion of the Trust Toolbar Software or distribute or create derivative works based upon the Trust Toolbar Software or any part of it.

5.4 The User shall not use the Trust Toolbar Software with any service other than the Trust Toolbar Service.

6. Ownership

The User agrees that all rights, title and interest of whatsoever nature in the Trust Toolbar Software (including all intellectual property rights therein) and in any adaptions, modifications or derivations from the Trust Toolbar Software shall remain the exclusive property of Comodo or its licensors as appropriate.

7. Term and Termination

7.1 This Agreement shall commence on the Commencement Date and shall continue in force until terminated in accordance with clause 7.2 and 7.2 below.

7.2 The parties acknowledge and agree that Comodo has the right to terminate this Agreement and the licence to use the Trust Toolbar Software and Trust Toolbar Services granted under this Agreement automatically and without prior notice and the User agrees upon such termination not to continue to use the Trust Toolbar Software and Trust Toolbar Services.

7.3 This Agreement and the licence to use the Trust Toolbar Software and Trust Toolbar Services shall automatically terminate if the User:

7.3.1 fails to comply with any of the provisions of this Agreement; or
7.3.2 destroys the copies of the Trust Toolbar Software in its possession.

7.4 If this Agreement is terminated in accordance with this clause 7, the User agrees to destroy or delete all copies of the Trust Toolbar Software in its possession and, if requested by Comodo, certify in writing to Comodo that they have been destroyed.

8. Disclaimer of warranties and technical support

8.1 The Trust Toolbar Software and Trust Toolbar Services are provided to the User free of charge, and on an 'AS IS' basis, without any technical support or warranty of any kind from Comodo including, without limitation, a warranty of satisfactory quality, fitness for a particular purpose, reasonable skill and care and non-infringement of third party intellectual property rights. The User acknowledges that the Trust Toolbar Software is of such a complexity that it may contain inherent defects and that no warranty is given that the Trust Toolbar Software is entirely free from bugs, errors or defects. These limitations or exclusions of warranties and liability do not affect or prejudice any of the User's non-excludable statutory rights.

9. Limitation of damages

9.1 Nothing in this Agreement shall exclude or limit the liability of either party:

9.1.1 for death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors or agents; or
9.1.2 in respect of fraud or of any statements made fraudulently by either party.

9.2 Subject to Clause 8.1, neither Comodo nor its associated companies or suppliers shall be liable to the User or any third party for:

9.2.1 any direct, indirect, special, incidental or consequential damages or loss; nor
9.2.2 for any damages for loss of business, loss of revenue, loss of profits, loss of anticipated savings. loss or corruption of data, loss of contract or opportunity or loss of goodwill) which have been incurred by the User or any third party as a result of the use of the Trust Toolbar Software or the Trust Toolbar Service and howsoever arising whether in either case based on breach of contract (including under any indemnity or warranty), tort (including negligence), product liability under statute or otherwise, even if Comodo, its associate companies or its representatives have been advised of the possibility of such damages.

9.3 The parties acknowledge and agree that the limited warranty and limited liability set forth in Clause 8 and this Clause 9 are fundamental terms of this Agreement and that Comodo would not be able to provide the Trust Toolbar Software on a royalty free basis without such limitations.

10. Waiver

The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.

11. Notices

11.1 Notices to Comodo Any notice, request, instruction or other document to be given to Comodo under this Agreement shall be delivered or sent by first class post or by facsimile transmission (such facsimile transmission notice to be confirmed by letter posted within 12 hours) to the address or to the facsimile number of Comodo set out in this Agreement (or such other address or numbers as may have been notified to the Relying Party in writing) and any such notice or other document shall be deemed to have been served (if delivered) at the time of delivery (if sent by post) upon the expiration of 48 hours after posting or (if sent by facsimile transmission) upon the expiration of 12 hours after dispatch:
Notices to Comodo:
Address: Comodo CA Limited, 3rd Floor, 26 Office Village, Exchange Quay, Trafford Road, Salford, M5 3EQ United Kingdom, Fax: + 44.(0)161.877.1767
Marked for the attention of: Trust Toolbar Administration

11.2 Notices to the User Any notice, request, instruction or other document to be given to the User under this Agreement shall be posted on Comodo's website, situated at www.comodo.com in the section "Notice to Software Licence Users" and shall be deemed to have been served at the time of entry of the notice on Comodo's website.

12. Invalidity and Severability

If any provision of this Agreement (not being of a fundamental nature to its operation) shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

13. Entire Agreement

13.1 This Agreement and all documents referred to herein contain the entire and exclusive agreement and understanding between the parties on the subject matter contained herein and supersedes all prior agreements, understandings and arrangements relating thereto. No representation, undertaking or promise shall be taken to have been given or implied from anything said or written in negotiations between the parties prior to this Agreement except as may be expressly stated in this Agreement.

13.2 Without prejudice to any liability for fraudulent misrepresentation, no party shall be under any liability or shall have any remedy in respect of misrepresentation or untrue statement unless and to the extent that a claim lies for breach of this Agreement.

14. Assignment

Neither party may assign or transfer or purport to assign or transfer a right or obligation under this Agreement without first obtaining the other party's written consent.

15. Variation

15.1 Comodo may vary any term of this Agreement at any time on the provision of [28 days] written notice to the User of the variation.

15.2 Subject to Clause 14.1, a variation of this Agreement is valid only if it is in writing and signed by an appropriately authorised individual of each party.

16. Governing Law and Jurisdiction

This Agreement and all matters arising from or connected with it, are governed by and shall be construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.

17. Rights of Third Parties

For the avoidance of doubt no third party shall be entitled (for the purposes of the Contracts (Rights of Third Parties) Act 1999 to any rights under this Agreement which it may enter against Comodo.