Date: January 2014
Important: The following Agreement sets forth the terms and conditions under which Trend Micro is willing to allow you, an individual or an authorized representative of an entity, to access and use the Trend Micro Housecall Software. Read it carefully before deciding whether you accept or do not accept its terms.
BY SELECTING THE "I ACCEPT AGREEMENT" BUTTON OR BOX BELOW, YOU ARE EXPRESSING YOUR INTENT TO ENTER INTO, AND ARE ENTERING INTO, A BINDING LEGAL CONTRACT ("AGREEMENT") BETWEEN YOU AND TREND MICRO INCORPORATED OR ONE OF ITS AFFILIATES ("TREND MICRO"). THE TERMS AND CONDITIONS OF THE AGREEMENT THEN APPLY TO YOUR USE OF THE SOFTWARE AND SERVICE. WE ENCOURAGE YOU TO PRINT A COPY OF THE AGREEMENT FOR YOUR RECORDS OR SAVE A COPY TO YOUR COMPUTER'S HARD DRIVE.
YOU MUST ACCEPT THIS AGREEMENT BEFORE YOU DOWNLOAD THE SOFTWARE AND ACCESS AND USE THE SERVICE. IF YOU ARE AN INDIVIDUAL, THEN 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 ARE USING THE SOFTWARE OR SERVICE ON BEHALF OF AN ENTITY, THEN YOU MUST BE PROPERLY AUTHORIZED TO REPRESENT THAT ENTITY AND TO ACCEPT THIS AGREEMENT ON ITS BEHALF.
IF YOU OR THE ENTITY YOU REPRESENT DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, SELECT "I DO NOT ACCEPT THE AGREEMENT". THEN NO AGREEMENT WILL BE FORMED AND YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE SOFTWARE AND SERVICE.
1. LICENSE GRANT. Subject to your acceptance of this Agreement, Trend Micro grants you the non-exclusive, non-transferable and non-sublicensable right to download and install the Software and to access and use the Service. Trend Micro reserves the right to enhance, modify, or discontinue the Software and Service or to impose new or different conditions on their use at any time without notice.
2. USE RESTRICTIONS. The Software and Service are licensed and not sold. Trend Micro owns the title and intellectual property rights to the Software, Service and 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 Software or Service or use them to provide services to others. 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 Software or Service or authorize others to undertake any of these acts.
3. BACK-UP AND ACKNOWLEDGEMENT. For as long as you use the Software or Service, you agree regularly to back-up your Computer programs and files ("Data") on a separate media. You acknowledge that the failure to do so may cause you to lose Data in the event that any error in the Software or Service causes problems to your Computer or renders it inoperable, and that Trend Micro is not responsible for any such Data loss. You agree that you are responsible for deciding if and how you use the Service.
4. NO WARRANTY. THE SOFTWARE AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.TREND MICRO DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE ARE 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 DISCLAIM AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND SERVICE, 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.
5. 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 FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL 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 SOFTWARE AND SERVICE. THESE LIMITATIONS APPLY EVEN IF TREND MICRO 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. IN NO CIRCUMSTANCES SHALL THE MAXIMUM LIABILITY OF TREND MICRO, ITS AFFILIATES AND SUPPLIERS TO YOU ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE LICENCE FEE, IF ANY, PAID BY YOU FOR USE OF THE SOFTWARE AND SERVICE. YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION 5 AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, TREND MICRO WOULD NOT BE ABLE TO OFFER YOU THE RIGHT TO USE THE SOFTWARE AND SERVICES AT NO CHARGE.
6. CONSUMER PROTECTION AND PRIVACY. SOME COUNTRIES, STATES AND PROVINCES, INCLUDING MEMBER STATES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE DISCLAIMER OF WARRANTY OR LIMITATION OF LIABILITIES (SECTIONS 4 AND 5) MAY NOT FULLY APPLY TO YOU. YOU MAY HAVE ADDITIONAL RIGHTS AND REMEDIES. SUCH POSSIBLE RIGHTS OR REMEDIES, IF ANY, SHALL NOT BE AFFECTED BY THIS AGREEMENT. NOTWITHSTANDING THE PROVISIONS IN THIS AGREEMENT, THERE MAY BE MANDATORY REGULATIONS OR LEGAL PROVISIONS THAT ARE APPLICABLE TO YOU AS A CONSUMER.
YOU HEREBY GIVE YOUR CONSENT TO TREND MICRO TO PROCESS PERSONAL DATA PROVIDED BY YOU ("PERSONAL DATA") IN CONNECTION WITH THIS AGREEMENT; PROCESSING MAY INCLUDE COLLECTION, REGISTRATION, STORAGE, MODIFICATION OR DISCLOSURE OF SUCH PERSONAL DATA TO THIRD PARTIES. YOU ALSO GIVE YOUR CONSENT TO TREND MICRO TO TRANSFER YOUR PERSONAL DATA TO ONE OR MORE OF ITS GROUP COMPANIES, LOCATED IN AND/OR OUTSIDE THE EUROPEAN UNION/EUROPEAN ECONOMIC AREA, AND WHICH MAY HAVE A LOWER LEVEL OF PROTECTION OF PERSONAL DATA THAN IS APPLICABLE IN THE EU/EEA. SUCH TRANSFER WILL ONLY BE CARRIED OUT IN CONNECTION WITH THIS AGREEMENT, AS IS THE CASE WITH THE PROCESSING OF YOUR PERSONAL DATA BY THESE GROUP COMPANIES. TREND MICRO IS THE CONTROLLER OF PERSONAL DATA. IN THE EVENT YOU WOULD LIKE INFORMATION ON THE PERSONAL DATA THAT TREND MICRO PROCESSED FOR YOU OR IF YOU WISH TO HAVE IT CORRECTED OR MODIFIED, YOU MAY CONTACT TREND MICRO AT THE ADDRESS GIVEN BELOW.
7. EXPORT CONTROL. The Software is subject to export controls under the U.S. Export Administration Regulations. Therefore, the Software 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. Information about such restrictions can be found at the following websites: http://www.treas.gov/ofac/ and www.bis.doc.gov/complianceandenforcement/ListsToCheck.htm. As of the Date above, countries embargoed by the U.S. include Cuba, Iran, North Korea, Sudan and Syria. You are responsible for any violation of the U.S. export control laws related to the Software. 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 Software.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. If the entity on whose behalf you are acquiring the Software is any unit or agency of the United States Government, then that Government entity acknowledges that the Software, (i) was developed at private expense, (ii) is commercial in nature, (iii) is not in the public domain, and (iv) is "Restricted Computer Software" as that term is defined in Clause 52.227 19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227 7013(c)(1) of the DFARS, and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227 19(c)(2) of the FAR.
9. TERMINATION. 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 Software. You may terminate this Agreement at any point by destroying or deleting all copies of the Software. Sections 2 through 11 will survive any termination of this Agreement.
10. GOVERNING LAW/TREND MICRO LICENSING ENTITY.
North America: If you are located in the United States or Canada, the Licensor is: Trend Micro Incorporated, 10101 N. De Anza Blvd., Cupertino, CA 95014. Fax: (408) 257-2003 and this Agreement is governed by the laws of the State of California, USA.
Latin America: If you are located in Spanish Latin America (other than countries embargoed by the U.S.), the Licensor is: Trend Micro Latinoamérica, S. A. de C. V., Insurgentes Sur No. 813, Piso 11, Col. Nápoles, 03810 México, D. F. Tel: 3067-6000 and this Agreement is governed by the laws of Mexico. If you are located in Brazil, the Licensor is Trend Micro do Brasil, LTDA, Rua Joaquim Floriano, 1.120 – 2º andar, CEP 04534-004, São Paulo/Capital, Brazil and this Agreement is governed by the laws of Brazil.
Europe, Middle East and Africa: If you are located in the United Kingdom, this Agreement is governed by the laws of England and Wales. If you are located in Austria, Germany or Switzerland, this Agreement is governed by the laws of the Federal Republic of Germany. If you are located in France, this Agreement is governed by the laws of France. If you are located in Italy, this Agreement is governed by the laws of Italy. If you are located in Europe, the Licensor is: Trend Micro EMEA Limited, a company incorporated in Ireland under number 364963 and having its registered office at IDA Business and Technology Park, Model Farm Road, Cork, Ireland. Fax: +353-21 730 7 ext. 373.
If you are located in Africa or the Middle East (other than countries embargoed by the U.S.), or Europe (other than Austria, France, Germany, Italy, Switzerland or the U.K.), the Licensor is: Trend Micro EMEA Limited, a company incorporated in Ireland under number 364963 and having its registered office at IDA Business and Technology Park, Model Farm Road, Cork, Ireland. Fax: +353-21 730 7 ext. 373 and this Agreement is governed by the laws of the Republic of Ireland.
Asia Pacific (other than Japan): If you are located in Australia or New Zealand, the Licensor is: Trend Micro Australia Pty Limited, Suite 302, Level 3, 2-4 Lyon Park Road, North Ryde, New South Wales, 2113, Australia, Fax: +612 9887 2511 and this Agreement is governed by the laws of New South Wales, Australia.
If you are located in Hong Kong, India, Indonesia, Malaysia, the Philippines, Singapore, Thailand or Vietnam, the Licensor is: Trend Taiwan Incorporated, 8F, No.198, Tun-Hwa S. Road, Sec. 2, Taipei 106, Taiwan. If you are located in Hong Kong, this Agreement is governed by the laws of Hong Kong. If you are located in India, this Agreement is governed by the laws of India. If you are located in Indonesia, Malaysia, the Philippines or Singapore, this Agreement is governed by the laws of Singapore. If you are located in Thailand, this Agreement is governed by the laws of Thailand. If you are located in Vietnam, this Agreement is governed by the laws of Viet Nam.
Japan: If You are located in Japan, the licensor is Trend Micro Incorporated, Shinjuku MAYNDS Tower, 1-1 Yoyogi 2-Chome, Shibuya-ku, Tokyo 151-0053, Japan and this agreement is governed by laws of Japan.
The United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws provisions of your state or country of residence do not apply to this Agreement under the laws of any country.
11. GENERAL. 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.
12. QUESTIONS. Visit www.trendmicro.com/support/consumer if you have a question about the Software or Service. Direct all questions about this Agreement to: firstname.lastname@example.org.
THE SOFTWARE IS PROTECTED BY INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL TREATY PROVISIONS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
In addition to product registration information, Trend Micro will receive information from you and your Computer on which the Software is installed (such as IP or MAC address, location, content, device ID or name, etc) to enable Trend Micro to provide the functionality of the Software (including content synchronization, status relating to installation and operation of the Software, device tracking and service improvements, etc).
By using the Software, you will also cause certain information ("Forwarded Data") to be sent to Trend Micro-owned or -controlled servers for security scanning and other purposes as described in this paragraph. This Forwarded Data may include information on potential security risks as well as URLs of websites visited that the Software deem potentially fraudulent and/or executable files or content that are identified as potential malware. Forwarded Data may also include email messages identified as spam or malware that contains personally identifiable information or other sensitive data stored in files on your Computer. This Forwarded Data is necessary to enable Trend Micro to detect malicious behavior, potentially fraudulent websites and other Internet security risks, for product analysis and to improve its services and Software and their functionality and to provide you with the latest threat protection and features.