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Terms of Use

TERMS AND CONDITIONS TREND MICRO APPLICATION TERMS AND CONDITIONS Important: These terms and conditions governs your use of the application (“Application”) and any and all related documentation, and updates and upgrades that replace or supplement the Application in any respect and which are not distributed with a separate license (“Agreement”). By downloading or otherwise accessing the Application, you agree to be bound by this Agreement and our privacy policy. Trend Micro Incorporated (“Trend Micro”) reserves the right to amend these terms at any time at Trend Micro’s sole and exclusive discretion by posting such changes on Trend Micro’s website: https://www.trendmicro.com/en_us/about/legal.html. The amended terms shall be effective as of the date posted. It is your responsibility to check the website to learn of these modifications. You agree to be bound to the terms of the Agreement, as modified. YOU MUST BE AT LEAST 18 YEARS OLD AND HAVE ATTAINED THE AGE OF MAJORITY IN THE STATE, PROVINCE OR COUNTRY WHERE YOU LIVE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION. LICENSE GRANT. Subject to your acceptance and compliance with all terms of this Agreement, Trend Micro grants you a limited, revocable, personal, non-exclusive, non-transferable and non-sub-licensable right to install and use the Application for your non-commercial use on a single, authorized device solely as set forth in this Agreement. Trend Micro reserves the right to enhance, modify, suspend or discontinue the Application or to impose new or different conditions on its use at any time without notice. USE RESTRICTIONS. The Application is licensed and not sold. Trend Micro owns the title and intellectual property rights to the Application and any related documentation, and reserves all rights not expressly granted to you in this Agreement. You agree that you will not rent, loan, lease or otherwise make commercial use of the You agree not to attempt to reverse engineer, decompile, modify, translate, disassemble, discover the source code of, or create derivative works from, any part of the Application or authorize others to undertake any of these acts. PAID SUBSCRIPTION. Some features of the Application may only be available to you on a paid basis. The subscription term is set forth in the written (electronic or otherwise) acceptance/entitlement confirmation issued by Trend Micro to you (“License Certificate”) and such subscription term shall automatically renew unless you cancel it. You will be charged subscription fees plus any applicable taxes until your subscription is canceled or terminated. In order to have access to paid features, you must create an account with Trend Micro. By creating such account, you consent to allow the applicable app store (i.e. iTunes, Google Play) to charge your credit card for the amounts due for the paid feature(s) and for additional subscription periods until your account is canceled or terminated. Privacy. By using the Application, you will cause certain information about the Application and devices on which the Application is deployed to be sent to Trend Micro owned/controlled servers strictly to improve services and functionality of the Application (e.g., to improve security scanning, malware identification and threat protection). Further information about what Trend Micro does with, and how it protects, certain information that you provide to Trend Micro is set forth in the Trend Micro Privacy Policy available at https://www.trendmicro.com/en_us/about/legal/privacy-policy-product.html, which Privacy Policy is incorporated herein by reference and made a part hereof for all purposes. Except where not permitted under mandatory applicable law in the European Economic Area (EEA), Company hereby consents to the use and disclosure of its data in accordance with the Privacy Policy. CONSENT TO ELECTRONIC COMMUNICATIONS. You agree that Trend Micro may send you required legal notices and other communications about the Application (including updates), other and/or new Trend Micro products and services, special offers and pricing or other similar information, customer surveys, and other requests for feedback (collectively “Communications”). Trend Micro may provide Communications via (among other methods): (a) notices or email to your registered email address; and/or (b) posted Communications on its websites. By accepting this Agreement, you consent to receive all Communications through these means. NO WARRANTY. THE APPLICATION IS PROVIDED “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND. YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. TREND MICRO DOES NOT WARRANT THAT THE APPLICATION IS SECURE OR ERROR FREE OR COMPLETE OR ACCURATE OR THAT THEY WILL DETECT, REMOVE OR CLEAN ALL, OR ONLY, MALICIOUS OR UNWANTED APPLICATIONS, CONTENT AND FILES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TREND MICRO AND ITS AFFILIATES AND SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, OR IMPLIED BY STATUTE, COMMON LAW OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. (A) TREND MICRO DOES NOT SEEK TO LIMIT OR EXCLUDE ITS LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. (B) SUBJECT TO SECTION (A) ABOVE, IN NO EVENT SHALL TREND MICRO BE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, SYSTEM CRASH, DISK/SYSTEM DAMAGE, LOST PROFITS OR SAVINGS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE, MISUSE OR INABILITY TO USE APPLICATION, OR (iii) ANY DAMAGES IN EXCESS OF USD$50.00. THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF TREND MICRO OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. EXPORT CONTROL. The Application is subject to export controls under the U.S. Export Administration Regulations. Therefore, the Application may not be exported or re-exported to entities within, or residents or citizens of, embargoed countries or countries subject to applicable trade sanctions, nor to prohibited or denied persons or entities without proper government licenses. You are responsible for any violation of the U.S. export control laws related to the Application. By accepting this Agreement, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the Application. S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Trend Micro may terminate your rights under this Agreement immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to delete or destroy all copies of the Application and stop using the Application. You may terminate this Agreement at any point by destroying or deleting all copies of the Application. Trend Micro reserves the right to suspend or terminate your access or use of the Application to prevent unauthorized access to or use of, or the misuse or inappropriate use of the Application. GOVERNING LAW/JURISDICTION. This Agreement will be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to the conflict of laws’ provisions of California or your actual state or country of residence. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement shall be the state courts of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. The United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement under the laws of any country. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. Without limiting its rights and remedies at law and equity, Trend Micro shall have the right to seek an injunction and similar equitable relief in any appropriate forum to stop and/or prevent any unauthorized use or distribution of the Application and/or intellectual property rights contained in the Application. This Agreement is the entire agreement between you and Trend Micro and supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this Agreement. In the event that any provision of this Agreement is found invalid, that finding will not affect the validity of the remaining parts of this Agreement. Trend Micro may assign or subcontract some or all of its obligations under this Agreement to qualified third parties or its affiliates and/or subsidiaries, provided that no such assignment or subcontract shall relieve Trend Micro of its obligations under this Agreement. Email Trend_xrlab@trend.com.tw if you have a question about the Application. Direct all questions about this Agreement to: legal_notice@trendmicro.com. The APPLICATION is protected by INTELLECTUAL PROPERTY laws and international treaty provisions. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

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