Telephone:
Tel: + 1.888.266.6361
Tel: + 1.206.203.6361

Comodo Repository

TRUSTTOOLBAR END-USER SOFTWARE LICENCE AGREEMENT

("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 TrustToolbar Software and agree to become bound by the terms of
this Agreement.

1 Definitions
1.1 "Commencement Date" means the date that the TrustToolbar Software is downloaded by the
User;
1.2 "Relying Party Agreement" means the agreement attached or electronically linked to this
Agreement between the User and Comodo;
1.3 "TrustToolbar 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;
1.4 "TrustToolbar Service" means the service provided by Comodo pursuant to the Relying Party
Agreement and utilising the TrustToolbar Software which is used to verify and retrieve
TrustToolbar E-Sigil Certificates and display certain information from the TrustToolbar
Certificates on the TrustToolbar interface;
1.5 "TrustToolbar Software" means the software program designed by Comodo for use with the
TrustToolbar 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 TrustToolbar 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 TrustToolbar Software on a single computer in accordance with clause
4.1; and
3.1.2 make one copy of the TrustToolbar 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 TrustToolbar Software shall be
restricted to use of the TrustToolbar Software in object code form only in conjunction with the
TrustToolbar Service.

5 Restrictions
5.1 Subject to clause 3.1.2, the User shall not copy, develop, enhance, adapt or modify the
TrustToolbar 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 TrustToolbar Software or merge or include the TrustToolbar Software
with or in any other software or reduce the TrustToolbar Software to a human-perceivable form.
5.3 The User shall not rent, lease, sub-licence, transfer, sell, resell any portion of the TrustToolbar
Software or distribute or create derivative works based upon the TrustToolbar Software or any
part of it.
5.4 The User shall not use the TrustToolbar Software with any service other than the TrustToolbar
Service.

6 Ownership
The User agrees that all rights, title and interest of whatsoever nature in the TrustToolbar
Software (including all intellectual property rights therein) and in any adaptions, modifications or
derivations from the TrustToolbar 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 TrustToolbar Software and TrustToolbar Services granted under this
Agreement automatically and without prior notice and the User agrees upon such termination
not to continue to use the TrustToolbar Software and TrustToolbar Services.
7.3 This Agreement and the licence to use the TrustToolbar Software and TrustToolbar 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 TrustToolbar 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 TrustToolbar 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 TrustToolbar Software and TrustToolbar 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 TrustToolbar Software is of such a complexity that it may contain
inherent defects and that no warranty is given that the TrustToolbar 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 TrustToolbar
Software or the TrustToolbar 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 TrustToolbar 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: TrustToolbar 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.

Corporate

Comodo Repository

TRUSTTOOLBAR END-USER SOFTWARE LICENCE AGREEMENT

Latest News