key: comodo-available-source-sal short_name: Comodo Available Source License Agreement name: Comodo Available Source License Agreement category: Non-Commercial owner: Comodo Security Solutions, Inc. homepage_url: https://github.com/ComodoSecurity/openedr/blob/main/LICENSE.md spdx_license_key: LicenseRef-scancode-comodo-available-source-sal ignorable_urls: - http://help.madshi.net/License.htm - http://madshi.net/ - https://netfiltersdk.com/ - https://netfiltersdk.com/license.html text: "COMODO AVAILABLE SOURCE LICENSE (CASL) AGREEMENT\n\nBY 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.\n\nTHIS 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.\n\nIf you are receiving the software on behalf of\ \ a legal entity, you represent and warrant that you have\nthe actual authority to agree to\ \ the terms and conditions of this agreement on behalf of such entity. \n \nThis 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.”\n\nIn exchange for your use of the Software, you agree\ \ as follows:\n# 1.\t License\n\n1.1\tSubject 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:\n\n(a)\tdistribute 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.”\ \ \n\n(b)\tuse 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. \n\n(c)\tmodify the Software, provided that all modifications\ \ remain subject to the terms of this License.\n\n(d)\treproduce the Software as necessary\ \ for the above. \n\n(e)\tthe 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.\n\ \n1.2\tSublicensing: 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.\n\n1.3\tNotices: On all copies of the Software that you make, you must retain\ \ all copyright or other proprietary notices.\n\n1.4\tSoftware 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.\n\n# 2.\tOwnership\n\n2.1\tNo 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. \n\n2.2\tCopyright. 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.\n\n2.3\tUpdates. Comodo is under no obligation to provide update, support or\ \ patches for the Software. \n\n# 3.\tTermination\n\n3.1\tTerm. 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. \n\nTermination by You. You may terminate\ \ this agreement at any time by removing all copies of the software in your possession or\ \ under your control. \n\n \n# 4.\tDisclaimers and Limitation of Liability\n \n4.1\tGuarantee\ \ 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.\"\ \ \n\nCOMODO 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.\n\n4.2 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.\n\n# 5.\tGeneral/Miscellaneous\n\n5.1\tEntire\ \ 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.\n\n5.2\t\tWaiver. 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.\n\n5.3\tArbitration 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\n\nYou 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.\n\nIf the dispute is not resolved within sixty (60) days after the initial\ \ notice, then a\nparty 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.\n\ \nThe 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.\n\nThe 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.\n\nAny 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.\n\n5.4\tAssignment. 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.\n\n5.5\tSeverability. In the event that\ \ any provision is held invalid, unconscionable, or unenforceable in any manner, the licenses\ \ under this Agreement automatically terminate.\n\n \n# SCHEDULE A\nIncluded Software and\ \ Licenses\n\nThe following third party or open source software may be included and is provided\ \ under other licenses and/or has source available from other locations.\n\nFor Open EDR:\n\ \nThe 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.\n•\thttps://netfiltersdk.com/license.html\n•\thttp://help.madshi.net/License.htm\n\ Therefore, the following source code contained with or used in Open EDR are specifically excluded\ \ from this License:\n1.\tNetfilter SDK : https://netfiltersdk.com/\n2.\tMadCodeHook: http://madshi.net/\n\ Please contact the respective software owners directly for licensing information."