COMODO CVC SUBSCRIBER AGREEMENT

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING A COMODO CVC. BY USING, APPLYING FOR, OR ACCEPTING A COMODO CVC OR BY CLICKING ON "I ACCEPT" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO AND ACCEPT THE TERMS AS PESENTED HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE A CVC AND CLICK "DECLINE" BELOW.

The terms and conditions set forth below constitute a binding agreement between you (the "Subscriber" or "you") and Comodo CA Limited ("Comodo"), which has its principal place of business at 26 Office Village, 3rd Floor, Exchange Quay, Trafford Road, Salford, Manchester M5 3EQ, United Kingdom, with respect to your use of the Comodo CVC services (the "Agreement").

1. Definitions and Interpretations. Unless the context requires otherwise, capitalized terms have the following meanings:

1.1. "Comodo CPS" or "Certificate Practice Statement" means the documents explaining Comodo's polices and procedures when operating its PKI infrastructure. The CPS may be amended by Comodo in its sole discretion without notice.

1.2. "Confidential Information" means all material, data, systems and other information concerning Comodo's business operations that is not known to the general public, including (a) information about the software used to perform each parties' respective obligations hereunder (such as personal identification numbers and passwords); and (b) information about the technical operations of the Comodo services and products offered hereunder.

1.3 "Content Verification Certificate" or "CVC" means a digitally signed electronic data file) issued by Comodo that identifies a person or entity via web page contents, such as login boxes, navigation panes, trademarks/branding, accreditations/associations logos, images and other logos.

1.4. "Insolvency Event" means a time when a party has ceased to trade, been dissolved, suspended payment of its debts or is unable to meet its debts as they fall due, has become insolvent or gone into liquidation (unless such liquidation is for the purposes of a solvent reconstruction or amalgamation), entered into administration, administrative receivership, receivership, a voluntary arrangement, a scheme of arrangement with creditors or taken any steps for its winding-up.

1.5. "Repository" means a publicly available collection of information relating to Comodo�s certificate practices. The Repository is available at http://www.comodo.com/repository.

1.6. "Services" means the CVCs provided under this Agreement, along with any related software, TrustLogos, and documentation.

1.7. "TrustLogo" means a logo provided by Comodo for use on a Subscriber�s site.

2. Services

2.1. Issuance. Comodo will validate the information provided by Subscriber in its application for a CVC in accordance with the Comodo CPS. If Comodo accepts the application and can satisfactorily validate the information, Comodo will issue the ordered CVC(s) to the Subscriber. Comodo may refuse Subscriber's application for any reason.

2.2. License. Comodo grants to Subscriber a revocable, non-exclusive, non-transferable license to use the CVC(s) issued to Subscriber, along with any related materials such as manuals and other documentation. The Services are provided solely for Subscriber's use on websites it owns or operates. All rights not expressly granted to Subscriber herein are reserved to Comodo.

2.3. TrustLogos. Ordered TrustLogos may be displayed by Subscriber on domains that have been issued a Comodo CVC. When revoking a CVC, Comodo may also revoke any TrustLogos issued to the same site. TrustLogos may not be modified in any manner. TrustLogo must not be used or displayed in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Comodo or in a manner that impairs the rights of Comodo in its trademarks or logos; or represent that Comodo guarantees any non-Comodo products or services. All TrustLogos are the sole property of Comodo.

2.4. Fee. Subscriber shall pay the amount set forth during the registration process on or before the date the CVC(s) issues. All payments made by the Subscriber shall be non-refundable.

2.5. Subscriber Obligations. Subscriber warrants that it shall:

(i) use or access each CVC only for its intended purpose as set forth in the Comodo CPS;

(ii) ensure that all information provided to Comodo by Subscriber is accurate and will not include any information or material that would be unlawful, contrary to public interest or otherwise likely to damage the business or reputation of Comodo if used in any way;

(iii) promptly inform Comodo if any information provided to Comodo in connection with the CVC changes or becomes inaccurate;

(iv) install each CVC only on the server accessible at the domain name(s) listed in the CVC and solely for authorized business of the Subscriber;

(v) be responsible for any computer or telecommunications hardware or software required to use the CVC(s);

(vi) obtain and keep in force any authorization, permission or license necessary to use the CVC(s);

(vii) immediately inform Comodo if it believes that Confidential Information is likely to be disclosed or compromised;

(viii) be responsible for all statements, acts, and omissions made through any account or password provided to Subscriber by Comodo;

(ix) promptly cease all use of a CVC upon expiration or revocation of the CVC;

(x) promptly disclose in writing to Comodo anything that constitutes a breach of, or is inconsistent with, any of the obligations or warranties and representations made herein; and

(xi) use the Services in compliance with all applicable laws, including any applicable export laws. Subscriber shall not export or re-export, either directly or indirectly, any CVC to a country or entity under United Kingdom or United States restrictions. COMODO SHALL NOT BE LIABLE FOR SUBSCRIBER�S VIOLATION OF ANY EXPORT OR IMPORT LAWS.

2.6. Restrictions. Subscriber shall not:

(i) modify, license, transfer, convey or sublicense the Services except as required for the typical operation of the Services or as expressly allowed herein;

(ii) use any Comodo service to transmit, receive, view, or use any information or data which may be illegal, offensive, abusive, contrary to public morality, indecent, defamatory, obscene or menacing, or which is in breach of confidence, copyright or other intellectual property rights of any third party, cause distress, annoyance, denial of any service, disruption or inconvenience, send or provide advertising or promotional material or other form of unsolicited bulk correspondence; or

(iii) make any representations regarding the Services to any third party except as first agreed to in writing by Comodo.

3. Revocation. Comodo may revoke any CVC issued to Subscriber if Comodo believes that:

(i) Subscriber requests revocation of the CVC;

(ii) Subscriber has breached this Agreement,

(iii) the CVC has been misused;

(iv) there has been a disclosure of or loss of control over Confidential Information;

(v) the Services are being used, directly or indirectly, to engage in illegal or fraudulent activity;

(vi) the information in the CVC is inaccurate or misleading;

(vii) the CVC was not issued or used in accordance with Comodo�s CPS;

(viii) Comodo has ceased operations for any reason;

(ix) the Subscriber is added as a denied party or prohibited person to a blacklist, or is operating from a prohibited destination under the laws of Comodo's jurisdiction of operation;

(x) the CVC was issued to publishers of malicious software; or

(xi) the CVC, if not revoked, will compromise the trust status of Comodo.

After revocation of the CVC, Comodo may, in its sole discretion, reissue the CVC to Subscriber or terminate the Agreement.

4. Confidentiality

4.1. Neither party shall use any Confidential Information other than for the purpose of performing its obligations under this Agreement or as otherwise permitted herein. All uses of Confidential Information provided by Subscriber, except as otherwise provided herein, are subject to the Comodo privacy policy as set forth on the Comodo Repository.

4.2. Each party shall ensure that any person to whom Confidential Information is disclosed by it complies with the restrictions set out in this section as if such person were a party to this Agreement.

4.3. Notwithstanding the foregoing, either party may disclose Confidential Information if and to the extent required by law, for the purpose of any judicial proceedings or any securities exchange or regulatory or governmental body to which that party is subject, wherever situated, whether or not the requirement for information has the force of law, and if and to the extent the information has come into the public domain through no fault of that party. Should a party be required to disclose Confidential Information pursuant to this section, the party shall promptly give notice of such requirement to the other party prior to disclosing the Confidential Information.

4.4. The restrictions contained in this section shall continue to apply to each party for the duration of the Agreement and for the period of 5 years following the termination of the Agreement.

5. Privacy

5.1 Comodo's use of private information is governed by the terms of its privacy policy which is available at http://www.comodo.com/repository/privacy_agreement.html. Subscriber must periodically review this website, as Comodo may revise the privacy policy at any time.

5.2. Some or all of the information provided to Comodo will be embedded in the issued CVC. Subscriber consents to the disclosure of this information to the extent necessary to issue the CVC. Comodo may examine, evaluate, process and transmit to third parties located outside the European Union the information provided by Subscriber insofar as is reasonably necessary for Comodo to provide the CVC.

5.3. As a subscriber, you are given the opportunity to 'opt-out' of having information used for purposes not directly related to the Services ordered. This application notifies you that you may 'opt out' by emailing a clear notice to optout@comodo.com. By clicking on the "I ACCEPT" button below, you affirmatively consent to receiving, and will receive, marketing material.

5.4 Although Comodo has taken steps to reduce risk by building systems with high levels of security to ensure the privacy of all transaction data and the safe transmission of credit card information, risks remain due to factors beyond the reasonable control of Comodo. Your use of the Services is subject to those risks which you agree to bear

6. Intellectual Property Rights

6.1. The Services are being licensed only. Regardless of any use, distribution, or modification by Subscriber. Comodo shall retain all title, interest, and ownership rights in:

(i) the Services, including all techniques and ideas embedded therein,

(ii) all copies or derivative works of the Services, regardless of who produced, requested, or suggested the copy or derivative work,

(iii) all documentation and materials provided by Comodo to Subscriber, and

(iv)all of Comodo's copyrights, patent rights, trade secret rights and other proprietary rights.

6.2 The Subscriber may not use the Comodo name, brand, trademarks, service marks, logos, or any other intellectual property in any way except with Comodo�s prior written consent.

6.3. The Services may not be used to post or make accessible any material that infringes the copyright of a third party. If Comodo reasonably believes that the Services are being used in such a manner, Comodo may terminate this Agreement or restrict access to the services.

7. Indemnification. Subscriber shall defend, indemnify, and hold harmless Comodo, its officers, directors, employees, and agents from and against any claims, costs, damages, expenses, losses, legal proceedings, or other liabilities (including, without limitation, reasonable attorneys' fees) which are brought or threatened against Comodo by any third party as a result of:

(i) Subscriber�s negligence or willful misconduct,

(ii) Subscriber's failure to protect Confidential Information,

(iii) Subscriber's breach of the Agreement,

(iv) Subscriber's infringement of the intellectual property rights of a third party, or

(v) Subscriber's failure to disclose a material fact related to the use or issuance of a CVC.

When Comodo is threatened with suit or sued by a third party, Comodo may seek written assurances from you concerning your promise to indemnify Comodo. Failure to provide assurance is a material breach of this Agreement. Comodo shall have the right to participate in any defense by Subscriber of a third-party claim related to the Services, with counsel of Comodo's choice at Subscriber's expense. Subscriber must receive Comodo's prior written consent regarding any related settlement.

8. Exclusion of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL CVCS AND RELATED SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY USE THE CVCS OR RELATED SOFTWARE IS AT SUBSCRIBER'S OWN RISK. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. COMODO EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE,.

9. Term and Termination

9.1. Term. Unless otherwise terminated as allowed herein, this Agreement shall commence on the Effective Date and shall continue for as long as a CVC issued under the Agreement is valid.

9.2. Termination. Either party may terminate the Agreement for convenience by providing the other party twenty (20) business days' written notice. The Agreement may also be terminated:

(i) immediately by Comodo, if Subscriber commits a material breach of this Agreement,

(ii) by either party if an Insolvency Event occurs to the other party or the other party ceases to carry on its business;

(iii) immediately, by Comodo if a CVC is revoked as allowed herein or if Comodo is unable to validate any of the information provided by the Subscriber in accordance with its CPS; or

(iv) upon reasonable notice by Comodo, if industry standards change in a way that materially affects the validity of the CVCs ordered by Subscriber.

9.3. Events Upon Termination. If the Agreement is terminated, Comodo may revoke the Subscriber's CVC(s) without further notice to the Subscriber, and Subscriber shall pay any amounts due under the Agreement. Comodo is not obligated to refund any payment made by Subscriber upon termination of this Agreement.

10. Limitation of Liability

10.1. Nothing in the Agreement or herein shall exclude or limit the liability of either party for death or personal injury resulting from the negligence of that party or for any statements made fraudulently by either party.

10.2. SUBJECT TO CLAUSE 11.1, COMODO'S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, UNDER ANY THEORY OR CLAIM, SHALL BE LIMITED TO THE AMOUNT PAID BY SUBSCRIBER FOR THE SERVICES REGARDLESS OF THE TYPE, AMOUNT, OR EXTENT OF ANY ACTUAL DAMAGES SUFFERED. COMODO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, OPPORTUNITIES, REVENUE, SAVINGS, GOODWILL, OR USE OR POSSESSION OF DATA, EVEN IF COMODO WAS AWARE OF THE POSSIBILITY OR THE EXISTANCE OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY PROVIDED HEREIN SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. COMODO SHALL NOT BE LIABLE TO THE SUBSCRIBER FOR ANY LOSS SUFFERED BY THE SUBSCRIBER DUE TO USE OF THE SERVICES OUTSIDE THE NORMAL AND INTENDED USE

10.3. CERTIFICATE WARRANTIES ARE PROVIDED SOLEY FOR RELYING PARTIES AND ARE NOT AVAILABLE TO SUBSCRIBER.

10.4. Except for indemnification and confidentiality obligations, neither party may bring any action, regardless of form, arising out of or relating to this Agreement more than one (1) year after the cause of action has occurred.

10.5. Subscriber's sole remedy for a defective CVC shall be to have Comodo, through commercially reasonable efforts, correct or cure any reproducible defect in the CVC by issuing corrected instructions, a restriction, or bypass. If Comodo is unable or unwilling to correct or cure a deformity, defect, or error with a CVC, Subscriber's sole remedy shall be a refund of any amount paid for the non-conforming or defective CVC, provided that the Subscriber has provided prompt notice to Comodo of any nonconformity or defect upon its discovery. If Subscriber has made any changes whatsoever to the CVC, has misused, damaged, altered, or modified the CVC in any manner, or fails to provide prompt notice of the defect to Comodo, then Comodo shall not be obligated to provide any correction, cure, or solution to the Subscriber.

11. Miscellaneous

11.1. Force Majeure. Neither party hereto shall be liable for any breach of its obligations hereunder resulting from any event not under the reasonable control of that party. The parties agree that the availability of the Internet and connections made through the Internet are not within the reasonable control of either party.

11.2. Entire Agreement. This Agreement and all other documents referred to herein shall constitute the entire agreement between the parties and shall supersede any other existing agreements between them, whether oral or written, with respect to the subject matter hereof. There are no oral understandings or undertakings of any kind.

11.3. Amendments. Except as otherwise provided herein, Comodo may revise the Agreement at any time in its sole discretion. Any revisions or change will be effective upon the earlier of the posting of the changes or revisions to the Repository or upon notification to the Subscriber of the change. Subscriber shall periodically review the Repository in order to be aware of any changes. Subscriber may terminate the Agreement in accordance with Section 9 if Subscriber does not agree to any changes made. By continuing to use a CVC, Subscriber accepts any changes made and will be bound by such changes.

11.4. Waivers. The waiver by either party of a breach or default of any of the provisions of the 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.

11.5. Notices. All notices shall be in writing and in English. Notices shall be made by first class mail, return receipt requested, sent to Comodo at 26 Office Village, 3rd Floor, Exchange Quay, Trafford Road, Salford, Manchester M5 3EQ, United Kingdom. Notices to Subscriber shall be sent to the address provided during the registration process. Notices may be sent facsimile transmission provided that all facsimile transmissions are confirmed within 12 hours by a first-class mailed copy of the facsimile transmission. Correctly addressed notices sent by first-class mail shall be deemed to have been delivered 48 hours after posting and correctly directed facsimile transmissions shall be deemed to have been received 12 hours after dispatch.

11.6. Severability, If any provision of the Agreement is determined to be invalid or unenforceable under any applicable statute or rule of law, then the provision shall be reformed to the minimum extent necessary to cause the provision to be valid and enforceable. If reformation is not possible, then the provision shall be deemed omitted and the balance of the Agreement shall remain valid and enforceable

11.7. Survival. All provisions of the Agreement relating to confidentiality (Section 4), proprietary rights (Section 6), indemnification (Section 7), disclaimer of warranties (section 8), and limitations of liability (Section 10) shall survive the termination of the Agreement.

11.8. Assignment. The Subscriber may not assign or transfer any right or obligation under the Agreement without first obtaining Comodo's written consent. Comodo may assign this Agreement in its sole discretion.

11.9. Governing Law and Jurisdiction. The Agreement shall be interpreted and construed under the laws of the United Kingdom without regard to any conflicts of law principles. All claims or legal action must be commenced in the courts of the United Kingdom. Both parties hereby submit to the non-exclusive jurisdiction of the United Kingdom courts. The parties expressly opt-out from the applicability of any state's version of the Uniform Computer Information Transactions Act ("UCITA").

11.10. Rights of Third Parties. There are no third party beneficiaries under this Agreement.

12. ACCEPTANCE

BY CLICKING "I ACCEPT" BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU WILL COMPLY WITH THEM AS PRESENTED HEREIN. DO NOT CLICK THE "I ACCEPT" BUTTON IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT