Trend Micro End User License Agreement -Consumer,January 2019,Trend Micro End User License Agreement,Software:Trend MicroConsumer Productsand Premium Support Services,Version: English/Multi-country ,Purpose: Trial and Paid Use Subscription License ,Date:January2019,IMPORTANT:THE FOLLOWING AGREEMENT (“AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS ,UNDER WHICH TREND MICRO INCORPORATED OR ANAFFILIATELICENSOR("TREND MICRO") IS WILLING ,TO (A) LICENSE THE “SOFTWARE” AND ACCOMPANYING“DOCUMENTATION”OR (B) TO PROVIDE THE ,“PREMIUM SUPPORT SERVICES” TO “YOU” AS AN INDIVIDUAL USER OR AN AUTHORIZED REPRESENTATIVE ,OF AN ENTITY.
BY ACCEPTING THIS AGREEMENT, YOU ARE ENTERING INTO A BINDING LEGAL CONTRACT ,WITH TREND MICRO.THE TERMS AND CONDITIONS OF THE AGREEMENT THEN APPLY TO YOUR USE OF ,THE SOFTWAREAND THE PREMIUM SUPPORT SERVICESAND RELATED SUBSCRIPTION SERVICES.,PLEASE PRINT THIS AGREEMENT FOR YOUR RECORDS AND SAVE A COPY ELECTRONICALLY.,Please see Trend Micro's Global Privacy Noticeat www.trendmicro.com/privacywhich applies to any processing ,of personal data by Trend Micro related to You or Your household's use of the Software or Premium Support ,Services.,You must read and accept this Agreementand You confirm that You have seen and have had the opportunity to read the ,Global Privacy Noticebefore Youhave installedor usedthe Softwareor use the Premium Support Services.If Youare ,an individual, then Youmust be at least 18 years old and have attained the age of majority in the state, province or country ,where Youlive to enter into this Agreement.
If Youare acquiring the Software orPremium Support Services on behalf of ,an entity, then Youmust be properly authorized to represent that entity and to accept this Agreement on its behalf.
,If Youare downloading or activating the Software for trial purposes or purchasing a license to the Softwareand/or ,purchasingone or more ofthe Premium Support Services, Youaccept this Agreement by selectingthe "I accept the terms ,of the license agreement" button or box below.If Youor the entity Yourepresent does not agree to the terms of this ,Agreement, select"I do not accept the terms of the license agreement".Then no Agreement will be formed and Youwill ,not be permitted to evaluate, purchase or install and use the Softwareand/or use the Premium Support Services.
If You,purchased the Software from a retail storeand do not accept the Agreement, Youmay return the Software in its original ,package with the purchase receipt to the retail store where purchased within thirty (30) days of purchase for a refund less ,restocking fees, if any.
,NOTE:SECTIONS12AND 27OF THIS AGREEMENT LIMITS TREND MICRO’S LIABILITY.SECTIONS3, 13,14, 15,AND 27LIMIT OUR WARRANTY OBLIGATIONS AND YOURREMEDIES.SECTION 4 PROVIDES ADDITIONAL ,TERMS APPLICABLE TO USE OF THE PREMIUM SUPPORT SERVICES.
SECTION 11SETS FORTH IMPORTANT ,RESTRICTIONS ON THEUSE OF THE SOFTWAREAND OTHER TOOLS PROVIDED BY TREND MICRO.
,1.APPLICABLE AGREEMENTAND TERMS.This Agreement applies to Trend MicroConsumer Products(“Software”),and to Premium Support Services(the “Premium Support Services”).When installing the Softwareand/or using the ,Premium Support Services, Youmay be prompted to accept the same or another version of Trend Micro’s license ,terms.
the terms of the first agreement Youaccept will apply to Your use of the Softwareand the Premium Support ,Services.
All rights in this Agreement are subject to Your acceptance of this Agreement.Paid licenses: If Youhave ,purchased a license to the Softwareand/or Premium Support Services, Sections 1, 2 and 4through 32of this ,Agreement apply to You.
Trial license: If Youhave not purchased a license to the Software and are installing the ,Software for trial or evaluation purposes, Youare a “trial user” and Sections 1, 3 through 21and 24through 32 of this ,Agreement apply to You.
,2.PAID USE SUBSCRIPTION LICENSE.For eachSoftwarelicense purchased, Trend Micro grants Youa non-,exclusive, non-transferable, non-assignableright to install and useduring YourSubscription Termas defined in ,Section 7below onlythe Software on no more than the maximum number of client,personal orhandheld computers ,(each a “Computer”) for which license fees have been paid as specified on Yourinvoice,receipt,order confirmation, ,or otherpurchase documentation.Product licenses for home use must be used by end users in the same household.,License fees must be paid for each Computer on which the Software is installed, provided that it may only be installed ,on one operating system per Computer.
Where any license fees or similar payments due from Youto Trend Micro ,under this Agreement is subject to deduction or withholding of income-tax at source in accordance with any applicable ,tax law or regulation, Youshall: (i) pay to Trend Micro such sum as shall be increased to the extent necessary to ,ensure that, after making of that withholding, Trend Micro receives and retains, free from any liability in respect of ,Trend Micro End User License Agreement -Consumer,January 2019,such withholding, a net sum equal to what it would have received and so retained had no such withholding been ,required.
and (ii) pay to the relevant taxation or other authorities within the period for payment required by applicable ,law the full amount of the withholding.,3.(A) TRIAL USESUBSCRIPTIONLICENSE.If Youare a Software trialuser, Trend Micro grants Youa non-exclusive, ,non-transferable, non-assignableright to download, install and use one (1) copy of the Software on a Computer during ,Your Subscription Term as defined in Section 7below.At the end of Your Subscription Term,this Agreement expires ,automatically.You may purchase a paid license to the Software by selecting the Buy Now option in the Software or ,by contacting an authorized Trend Micro reseller listed on one or more of its sponsored websites, suchas ,www.trendmicro.com,(“Sites”).YOU AGREE THAT IF YOU PURCHASE A SUBSCRIPTION LICENSE TO THE ,SOFTWARE AT ANY TIME PRIOR TO THE END OFTHETERM OF YOUR TRIALSUBSCRIPTION, YOU ,IRREVOCABLY FORFEIT, WAIVE AND RENOUNCE ANY TIME REMAINING IN THE TERM OF YOUR TRIAL ,SUBSCRIPTIONAFTER YOU ACTIVATE (AS DESCRIBED IN SECTION 6) THE PAIDSUBSCRIPTION LICENSE ,TO THE SOFTWARE, THEREFORE, IF YOU WANT THE FULL BENEFIT OF YOUR TRIALSUBSCRIPTION, DO ,NOT ACTIVATE YOURPAID USE SUBSCRIPTION LICENSE UNTIL AFTER EXPIRATION OFTHETERM OF ,YOURTRIALSUBSCRIPTION.
If Youdo not purchase asubscriptionlicense, Youagree to destroy all copies of the ,Software within fifteen (15) days of the expiration of this Agreement.TO THE FULLEST EXTENT PERMITTED BY ,APPLICABLE LAW, TREND MICRO SOFTWARE AND RELATED DOCUMENTATION USED FOR TRIAL ,PURPOSES ARE PROVIDED “AS IS” WITHOUT PERFORMANCE PROMISES (“WARRANTIES”)OF ANY KIND.,Note that Section 13limits Trend Micro’s warranty obligations.,(B) PERSONAL USE SUBSCRIPTION LICENSE.
Notwithstanding anything to the contrary in this Agreement, the ,terms of this Section 3(B) shall also apply to Youif Youacquire a valid royalty-free subscription license to the Software.
,If Youinstall or register Softwarefor personal use pursuant to this Section 3(B), Youmust accept this Agreement ,before using the Software.If Youhave not purchased a license to theSoftwareand are installing, activating or using ,the Softwarefor personal use purposes pursuant to this Section 3(B), Youare a “personal user” and Sections 1 and ,3(B) through 32of this Agreement apply to You.
You may use Softwareon a non-exclusive, non-transferable, non-,assignable basis for Your own personal, non-commercial use from the date Youacquire the license or activate Your ,account to the Softwareuntil Youor Trend Micro terminates the license.
Trend Micro reserves the right to terminate ,this license and Your access with or without cause with five (5) days’ prior written notice, includingbut not limited to ,due to discontinuation of the Software.
Upon termination, Youmust delete or destroy all copies of the Softwareand ,documentation and stop using the Software.Note that the provisions set forth in Section 24shall apply to any ,termination.
During the term of Your subscription, only online support resources/technical documentation is available ,to You.
no email or telephone technical support is available.
TO THE FULLEST EXTENT PERMITTED BY ,APPLICABLE LAW, THESOFTWARE ANDRELATED DOCUMENTATION USED FOR PERSONAL USE ,PURPOSES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.,4.THE FOLLOWING ADDITIONAL TERMSSHALL ALSO APPLY TO PURCHASERS OFPREMIUM SUPPORT ,SERVICES: ,A.
Changes.If Trend Micro reserves the right to enhance, reduce, modify or discontinue the Premium Support ,Services and to impose new or different conditions on their use.
Trend Micro may change or update applicable ,terms and conditions by posting them on Trend Micro’s website and it is Your responsibility to routinely review ,such terms and conditions.
Your use of the Premium Support Services after changes or updates to the terms ,and conditions are posted on Trend Micro’s website shall constitute Your acceptance of the Trend Micro terms ,and conditions as modifiedto the extent permitted by applicable law.,B.
Delivery of Services.
As part of the delivery of the Premium Support Services, a Trend Micro representative ,shall provide such Premium Support Services over the telephone or via email, as necessary, for follow-up and ,advice.,C.
Support Software Tools.,(i) Providing Premium Support Services.In providing the Premium Support Services, Trend Micro may ,(1) request that You install certain Support Software Tools by downloading them from Trend Micro’s,website or via email and/or (2) request Your authorization to use the remote assist tool to enable Trend ,Micro to remotely access and take control of Your computer.
The various support remote software and ,assist tools provided by Trend Micro are owned by Trend Micro or its third party licensors and suppliers ,and may be collectively referred to as the “Support Software Tools”.
The Support Software Tools will be ,used to analyze, diagnose, resolve more difficult problemsand/or provide system optimization functions.
,You may use the Support Software Tools only as part of or for use with the Premium Support Services ,Trend Micro End User License Agreement -Consumer,January 2019,and for no other purpose.
By electing to receive support, You agree to allow Trend Micro to use whatever ,Support Software Tools as deemed necessary to address Your issue, including remote access.
You ,understand that if remote access is used on Your personal computer, there will be no residual software ,from the remote session.
however, there may be a report created and session may be recorded.
You also ,understand that if You elect to install the Support Software Tool on Your computer, by downloading the ,Support Software Tool, You agree to use the Support Software Tool in accordance with these terms and ,conditions.
,(ii) License to Support Software Tools.
Upon Your acceptance of these terms and conditions, Trend ,Micro grants You a non-exclusive, non-transferable, non-assignable right to install and use certain ,Support Software Tools until the earlier of either (a) the completion of the Premium Support Services for ,which use of the Support Software Tools are required, or (b) until such time as the Support Software ,Tools automatically deactivate and become non-operational.
You may not (i) sublicense, rent, sell or ,lease any portion of the Support Software Tools or otherwise provide the Support Software Tools to a ,third party.
(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover ,the source code of the Support Software Tools orcreate derivative works from the Support Software ,Tools.
or (iii) use the Support Software Tools in any manner not authorized by this Agreement.,D.
One-Time and Annual Subscription Premium Support Services.
Subject to payment of applicable fees, ,and depending on the Premium Support Services purchased, Trend Micro will provide You with Premium Support ,Services either on a one-time basis or an annual subscription basis.
annual subscription Premium Support ,Services end twelve (12) months after purchase or such other term as set forth on the purchase order or order ,confirmation.
Please note that Premium Support Services provided on a one-time basis must be accessed within ,sixty (60) days of purchase of such Premium Support Services.
,E.
Description of Premium Support Services.
Prior to purchase, it is Your responsibility to review the ,descriptions of, and select the type of,Premium Support Services to purchase.
Some optionswill provide use of ,certain benefits on a one-time basis versus an annual basis while other options will provide benefits for only one ,PCor benefits for various devicesormay require the purchase of a subscription license to certain Trend Micro ,Consumer Products.Only You can decide which of the Premium Support Services will best meet Your needs.,F.
Premium Support Services Activation/Registration.
The Premium Support Services are activated upon ,purchase.
A valid serial number will be provided and will be requiredto receive the Premium Support Services.
,A valid email address is also required for renewal purposes and for delivery of any required legal notices.
,5.UPDATES.The Software requires Updates to work effectively.“Updates” are new patterns, definitions orrules for the ,Software’s security components and minor enhancements to the Software and accompanying documentation.,Updates are only available for download and use during Your Subscription Term as defined in Section 7belowand ,are subject to the terms ofTrend Micro’s end user license agreement in effect on the date the Updates are available ,for download.
Upon download,Updates become “Software” for the purposes of this Agreement.
Updates may also ,require additional or different license terms that must beaccepted before download.Updates will replace previously ,licensed parts of the Software, but will not increase the authorized number of Computers or registered users.
Trend ,Micro will use reasonable efforts to provide notice of material changes to the Software or changes to the terms of this ,Agreement by emailing Youat the address provided in Your registration and by posting them on Trend Micro’s main ,website, www.trendmicro.com,.
It is Your responsibility to check the website to learn of these modifications.
Changes ,to these terms, which may be made at Trend Micro’s sole and exclusive discretion, will be effective upon acceptance ,of this Agreement (as described herein) for new subscriptions and effective for allexisting users thirty (30) calendar ,days after the posting of the new terms on Trend Micro’s website at www.trendmicro.com.
You agree to be bound to ,the terms of the Agreement, as modified.
If Youdo not agree to the modified terms Youare not permitted to use the ,Softwareand must terminate Your subscription immediately.
Youwill be entitled to a pro rata refund of the remaining ,unused subscription license fee.,6.SOFTWARE ACTIVATION/REGISTRATION.To receive Updates and other available “Subscription Services” set ,forth in Section 8, Youmust activate the Software and/or register with Trend Micro.These controls help ensure that ,the Software operates only on validly licensed Computers and that validly licensed end users receive applicable ,Subscription Services.Registration requires a valid product serial number and a valid email address for renewal and ,other legal notices.,7.SUBSCRIPTION TERM.For paidsubscriptionlicenses:The “Subscription Term” for paid subscription licenses to the ,Software starts on the date Youreceive the product serial number and ends 12, 24 or 36 months later, depending on ,the number of subscription months purchased.Note that secondary licenses expire on the same date as the primary ,Trend Micro End User License Agreement -Consumer,January 2019,license regardless of the date of activation of the secondary license.
You must purchase a Software upgrade or renew ,the Subscription Term for Your product serial numberfor Your Softwareto continueto functionor operateand to ,continuereceiving applicable Subscription Services after the Subscription Term.Software upgrades and Subscription ,Term renewals may require additional or different license terms.For trial use:The “Subscription Term” for trial use ,starts on the date Youreceive the product serial numberand ends on the earlier to occur of: (1) 30, 60 or 90 days ,later, depending on the stated or authorized trial period.
or (2) the date Youactivate a paid subscription license to the ,Software.,8.SUBSCRIPTION SERVICES.
,A.
Updates.During the Subscription Term, registered and trial users are entitled to Updates for use with the ,Software on each licensed Computer.
,B.
Technical support.(a) During the Subscription Term, registered,validly licensed and trial users are entitled ,to email and/orweb-basedstandardtechnical support during business hoursbut only in certain limited languages.,Important:Tollor toll-free telephone supportmay be available for registered or validly licensed end usersof certain ,products andin some countries only.
for details, see https://helpcenter.trendmicro.com/en-US/,.
(b) The terms of ,this Agreement, including but not limited to itsprovisions on limited liability, shall govern all technical support ,services provided to Youin connection with Your subscription license, including the use or access toTrend Micro ,or other third party tools or solutions(the “Support Tools”).
Such Support Tools andrelated servicesare provided,to Youroyalty-free and“AS IS” without warranties of any kind.Trend Micro does not warrant that such Support ,Toolsare secure or error free.
You assume all risk arising out of use of these Support Tools.
To the fullest extent ,permitted by applicable law, Trend Micro and its affiliates and suppliers disclaim andexclude all representations ,and warranties with respect to such Support Tools, either express, or implied by statute, common law or trade ,usage, including but not limited to warranties or conditions of title, non-infringement of third party rights,,satisfactory quality, merchantability and fitness for a particular purpose.,9.OTHER SERVICES.During the Subscription Term, Trend Micro grants registered and trial users of certain Consumer ,Productsthe right to enable optional Services for use with the Software on each licensed Computer.
TheseServices,mayscreen and check content by making outside queries to Trend Micro servers, which may be located outside the ,country where the Software was purchased.
,10.AUTOMATIC RENEWAL SERVICE.Your online subscription purchase includes automatic renewal service.
At the ,end of Your Subscription Term, the Subscription Serviceswill be renewed and Your payment method will be charged ,the then-current renewal price (plus applicable taxes) automatically(“Automatic Renewal Service”), without any ,additional action by You.
At any time after Your purchase, You maychange Your subscription settings, including ,cancelling Your Automatic Renewal, athttps://account.trendmicro.com/,.
Annual Automatic Renewal Service charges ,are eligible for a refund within thirty(30) daysof the renewal purchase date.,11.USE RESTRICTIONS.The Softwareand any other software or tools provided by Trend Micro arelicensed not sold.,Trend Microand its suppliersown their respectivetitle, copyright and the trade secret, patent rights and other ,intellectual property rights in the Software and their respectivecopyright in the documentation, and reserve all ,respective rights not expressly granted to Youin this Agreement.Youagree that Youwill not rent, loan, lease or ,sublicense the Software, use components of the Software separately, exploit the Software for any commercial ,purposes,or use the Software to provide services to others.You also 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.You agree not to permit third parties to benefit from the use or functionality of the Software via a ,timesharing, service bureau or other arrangement.
You agree not to encourage conduct that would constitute a ,criminal offense or engage in any activity that otherwise interferes with the use and enjoyment of the Software by ,other or utilize the Software or service to track or monitor the location and activities of any individual without their ,express consent.
You also agree not to authorize others to undertake any of these prohibited acts.
You may only ,use the Software in the region for which the Software was authorized to be used or distributed by Trend Micro.,12.LIMITED LIABILITY.,A.
SUBJECT TO SECTION 12(B) BELOW AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO ,EVENT SHALL TREND MICRO OR ITS SUPPLIERS BE LIABLE TO YOU (i) FOR ANY LOSSES WHICH WERE ,NOT REASONABLY FORESEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT OR (ii) FOR ANY ,CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR FOR LOST OR ,Trend Micro End User License Agreement -Consumer,January 2019,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, THE PREMIUM SUPPORT SERVICESOR SUBSCRIPTION SERVICES.
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.,B.SECTION 12(A) DOES NOT SEEK TO LIMIT OR EXCLUDE THE LIABILITY OF TREND MICRO OR ITS ,SUPPLIERS 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.
,C.SUBJECT TO SECTIONS 12(A) AND12(B) ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ,TREND MICRO OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, ,NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF ,LIABILITY,EXCEED THEFEES FOR THESOFTWARE, PREMIUM SUPPORT SERVICESAND ,SUBSCRIPTION SERVICE, AS APPLICABLE, PAID OR OWED BY YOU.
,D.THE LIMITATIONS OF LIABILITY IN THIS SECTION 12ARE BASED ON THE FACT THAT CUSTOMERS ,USE THEIR COMPUTERS FOR DIFFERENT HOME AND BUSINESS PURPOSES.
THEREFORE, ONLY YOU ,CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS APPROPRIATE TO YOUR NEEDS IN THE EVENT ,AN ERROR IN THE SOFTWARE, THE PREMIUM SUPPORT SERVICES OR SERVICES CAUSES COMPUTER ,PROBLEMS AND RELATED DATA LOSSES.FOR THESEBUSINESS REASONS, YOU AGREE TO THE ,LIMITATIONS OF LIABILITY IN THIS SECTION 12AND ACKNOWLEDGE THAT WITHOUT YOUR ,AGREEMENT TO THIS PROVISION, THE FEES CHARGED FOR THE SOFTWARE, PREMIUM SUPPORT ,SERVICESAND SUBSCRIPTION SERVICES WOULD BE HIGHER.
,13.LIMITED WARRANTY.Trend Micro warrants that(a)the Software will perform substantially in accordance with the ,accompanying documentation for 30 days from the date of purchase(b) it will make commercially reasonable efforts ,to fix or troubleshoot Your Computer and to carry out the Premium Support Services in a professional manner with ,reasonable skill and care.Trend Micro does not warrant that the Softwareand the Premium Support Serviceswill ,meet Your requirements or that Your use of the Software or the Premium Support Services will be uninterrupted, ,error-free, timely or secure;that the results that may be obtained from Your use of the Software or the Premium ,Support Services will be accurate or reliable;that the Premium Support Services meet Your expectations.
or that any ,errors or problems will be fixed or corrected.
GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWANTED ,ELECTRONIC CONTENT, TREND MICRO DOES NOT WARRANT THAT THE SOFTWARE, THE PREMIUM ,SUPPORT SERVICESORUPDATES ARE COMPLETE OR ACCURATE OR THAT THEY DETECT, REMOVE OR ,CLEAN ALL, OR ONLY, MALICIOUS OR UNWANTED APPLICATIONS AND FILES.
TO THE FULLEST EXTENT ,PERMITTED BY APPLICABLE LAW, SUPPORT SOFTWARE TOOLS OR MATERIALS DOWNLOADED OR ,OBTAINED BY YOU PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ,ANY KIND.
SEE SECTION 16FOR ADDITIONAL RIGHTS YOU MAY HAVE.THIS LIMITED WARRANTY IS VOID ,IF THE SOFTWARE OR PREMIUM SUPPORT SERVICES ERROR IS THE RESULT OF ACCIDENT, ABUSE, ,ALTERATION, OR MISUSE OF THE SOFTWARE, THE PREMIUM SUPPORT SERVICES OR PROBLEMS OR ,ERRORS RESULTING FROM THE USE OF THE SOFTWARE OR PREMIUM SUPPORT SERVICES WITH ,PROGRAMS THAT HAVE SIMILAR FUNCTIONS OR FEATURES OR ARE INCOMPATIBLE WITH THE ,SOFTWARE OR PREMIUM SUPPORT SERVICES.
TREND MICRO WILL WARRANT REPLACEMENT ,SOFTWARE OR UPDATES FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY PERIOD.
,For Australian Residents only: To file a claim under this limited warranty, Youmust contact the Trend Micro support ,group representative for Your region.
Contact numbers can be found at https://helpcenter.trendmicro.com/en-US/,.
,You may also contact the licensor in Australia, Trend Micro Australia Pty Ltd., via email at ,legalnotice@trendmicro.comor by mail at Level 15, 1 Pacific Highway, North Sydney, New South Wales, 2060, ,Australia.
Neither Trend Micro nor Trend Micro Australia Pty Ltd shall be responsible for any costs Youincur in making ,a claim under this section.
The benefits of this warranty are in addition to any other rights and remedies in relation to ,the Softwareor Premium Support ServicesYoumay be entitled to under Australian Consumer Law.
Our goods come ,with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or ,refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
You are also ,entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not ,amount to a major failure.,14.REMEDIES.If the Software or the Premium Support Services donot conform to the limited warranty in Section 13,above (“Limited Warranty”), Trend Micro, at its sole option, will(a) correct the error with an Update, as applicable.
(b) ,Trend Micro End User License Agreement -Consumer,January 2019,help Youworkaround the error.
(c) re-perform the Premium Support Services.
or (d) refund the cost of the Software,or any unused prepaid subscription fees for the Premium Support Services after the date of breach of the Limited ,Warranty provided You notify Trend Micro of Your claim under the Limited Warranty during the warranty period.For ,Australian Residents only:if the Softwareor the Premium Support Services donot conform to the Limited Warranty ,and the failure is not a major failure under the Australian Consumer Law, Trend Micro will (a) correct the error with an ,Update, as applicable.
(b) help Youworkaround the error.
(c)re-perform the Premium Support Services.
or (d)refund ,the cost of the Softwareor the unused prepaid subscription fees for the Premium Support Services.TO THE FULLEST ,EXTENT PERMITTED BY APPLICABLE LAW, THIS SECTION STATES TREND MICRO’S ENTIRE LIABILITY AND ,YOUR SOLE REMEDY FOR ANY ERRORS IN THE SOFTWARE.,15.NO OTHER WARRANTIESOR REMEDIES.EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 13, ,THE TERMS OF THIS AGREEMENTARE IN LIEU OF ALL WARRANTIES, (EXPRESS OR IMPLIED), ,CONDITIONS, UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE ,USAGE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES ,OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY ,RIGHTS, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY,IMPLIED WARRANTIES RELATINGTOTHE SOFTWAREOR PREMIUM SUPPORT SERVICESWHICH CANNOT ,BE DISCLAIMED SHALL BE LIMITED TO 30 DAYS (OR THE MINIMUM LEGAL REQUIREMENT) FROM THE DATE ,YOU ACQUIRE THE SOFTWAREOR THE PREMIUM SUPPORT SERVICES.,16.CONSUMER AND DATA PROTECTION.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 EXCLUSION OR LIMITATION OF LIABILITIES AND DISCLAIMERS OF ,WARRANTIES (SECTIONS12AND 13) MAY NOT FULLY APPLY TO YOU.YOU MAY HAVE ADDITIONAL RIGHTS ,AND REMEDIES.
SUCH POSSIBLE RIGHTS OR REMEDIES, IF ANY, SHALL NOT BE AFFECTED BYTHIS ,AGREEMENT.,17.PRIVACY AND DATA PROTECTION REGULATIONS ,A.GENERAL.
The use of the Software may be subject to privacy and/or data protection laws or regulations in ,certain jurisdictions.
You are responsible for determining how and if Youneed to comply with those laws or ,regulations.
In connection with You or Your household's registration, request for, installation and/or use ofLicensed ,Software,any Trend Micro's products or services and/or any Subscription or Premium Support Services, Trend Micro ,processes personalor otherdata (some of which may be automatically forwarded to Trend Micro by such Software, ,products or services) for the purposes of, among other things,registering or checking/validating licences for and ,providing or supporting Trend Micro's products or services asstated in ourGlobal Privacy Notice for products and ,services,which is available www.trendmicro.com/privacy,.Such datamay be transferred to servers of Trend Micro ,and its suppliers outside Your jurisdiction (including outside the European Economic Area), as is more fully described ,in the our Global Privacy Notice.,B.DATA COLLECTION-GLOBAL.
We state and You understand that Software licensed hereunder may contain ,features and/or functionality that collect, upload, forward, use, and/or store Your data or Your household's data (some ,of which may be personal data, personal informationor personally identifiable information under applicable laws) that,is necessaryto permit Trend Micro to, among other things,provide the features and functionality of the Licensed ,Software,as is more fully described in the our Global Privacy Notice.
,18.CONSENT TO ELECTRONIC COMMUNICATIONS.Trend Micro may be required to send Youlegal notices and ,other communications about the Software, the Premium Support Servicesand Subscription Servicesor our use of ,the information Youprovide us, including information collected by Trendas referenced in the Global Privacy Notice,(“Communications”).
Trend Micro will send Communications via in-product notices or via email to Your registered ,email address, or will post Communications on its Sites.
By accepting this Agreement, Youconsent to receive all ,Communications through these electronic means only and acknowledge and demonstrate that Youcan access ,Communications on Sites.
If Youare a secondary user (see Section 23 below), Youalso consent to receiving all ,Communications through the primary user.,19.
C ONFIDENTIALITY.You acknowledge that product serial numbers have potential value to others.
Therefore, You,agree to treat them as confidential, to use them only to register Your Softwareor Premium Support Servicesin ,compliance with this Agreementand not to disclose or otherwise make them available to any other person except as ,authorized in Sections 22and 23below.
,Trend Micro End User License Agreement -Consumer,January 2019,20.BACK-UP.For as long as Youuse the Softwareor the Premium Support Services, Youagree regularly to back-up ,Your Computer programs and files (“Data”) on a separate media.
You acknowledge that the failure to do so may ,cause Youto lose Data in the event that any error in the Softwareor the Premium Support Servicescauses Computer ,problems, and that Trend Micro is not responsible for any such Data loss.,21.AUDIT.For Entity licenses only:Upon reasonable notice and during regular business hours, Trend Micro shall have ,the right to audit Your use of the Softwareor Premium Support Servicesto verify compliance with this Agreement.
If ,the audit reveals unlicensed Computers, Youor the entity Yourepresent agree to pay Trend Micro fees for unlicensed ,Computers or unlicensed use of the Premium Support Services at then current rates within fifteen (15) days of notice.,22.PRIMARY USER.
For Household licenses only:If Youregister first, Youare the primary user and are responsible for ,all use of the Software under the product license.
You control the confidentiality and use of the product serial number ,and have the right to share it only with other end users in Your household, and agree to draw this Agreement and the ,Global Privacy Notice to the attention of such other end users.
You will serve as contact for legal and other notices ,and are responsible for giving Trend Micro an accurate and current email address for such purposes.
You are also ,responsible for sharing Communications (defined in Section 18above) with secondary users.
,23.SECONDARY USERS.For Household licenses only:If Youwere not the first user to register, then Youare a ,secondary user and the primary user has control over Your use of the Software and the Subscription Term.The ,primary user will receive all legal and other Communications (defined in Section 18above) on Your behalf.As a ,secondary user, Youare authorized to use the product serial number to install the product.As a secondary user, all ,sections of this Agreement, except for Sections 3 and 22,apply to You.
,24.SUSPENSION OR TERMINATION.Trend Micro may terminate Your rights under this Agreementand Your access ,to the Softwareor the Premium Support Servicesimmediately and without notice if Youfail to comply with any material ,term or condition of this Agreement or no longer consent to electronic Communications.
Trend Micro also reserves ,the right to refuse or suspend the Premium Support Services in its solediscretion.
You have the right to appeal any ,such termination by contacting Your local Trend Micro office which will provide Youwith the details of the appeals ,process.
Upon such termination, Youagree to destroy all copies of the Software.
You may terminate thisAgreement ,at any point by destroying all copies of the Software.
Sections 1 through 5and 11through 30survive any termination ,of the Agreement.
,25.FORCE MAJEURE.Trend Micro will not be liable for any alleged or actual loss or damages resulting from delays or ,failures in performance caused by Your acts, acts of civil or military authority, governmental priorities, earthquake, ,fire, flood, epidemic, quarantine, energy crisis, strike, labor trouble, war, riot, terrorism, accident, shortage, delay in ,transportation, or any other cause beyond its reasonable control.
Trend Micro shall resume the performance of its ,obligations as soon as reasonably possible.,26.EXPORT CONTROL.
The Software is subject to export controls under the U.S.
Export Administration Regulations.
,Therefore, theSoftware 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 ,Software.
By accepting this Agreement, Youconfirm that Youare not a resident or citizen of any country currently ,embargoed by the U.S.
and that Youare not otherwise prohibited from receiving the Software.,27.BINDING ARBITRATION AND CLASS ACTION WAIVER FOR U.S.
RESIDENTS,PLEASE READ THIS SECTION CAREFULLY.
THISSECTIONAFFECTS YOUR LEGAL RIGHTS CONCERNING ,ANY DISPUTES BETWEEN YOU AND TREND MICRO.
FOR PURPOSES OF THIS SECTION, “TREND MICRO” ,MEANS TREND MICRO INCORPORATEDAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ,EMPLOYEES, AGENTS AND SUPPLIERS.
,A.
DISPUTE.As used in this Agreement, “Dispute” means any dispute, claim, demand, action, proceeding or ,other controversy between Youand Trend Micro concerning the Softwareand/or Premium Support Servicesand ,Your or Trend Micro’s obligations and performance under this Agreement or with respect to the Softwareor ,Premium Support Services, whether based in contact, warranty, tort (including any limitation, fraud, ,misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict ,Trend Micro End User License Agreement -Consumer,January 2019,liability and product liability), statue (including, without limitation, consumer protection and unfair competition ,statutes), regulation, ordinance, or any other legal or equitable basis or theory.
"Dispute" will be given the ,broadest possible meaning allowable under law.,B.
INFORMAL NEGOTIATION.You and Trend Micro agree to attempt in good faith to resolve any Dispute before ,commencing arbitration.
Unless Youand Trend Micro otherwise agree in writing, the time for informal negotiation ,will be 60 days from the date on which Youor Trend Micro mails a notice of the Dispute ("Notice of Dispute") as ,specified in Section 27C (Notice of Dispute).
You and Trend Micro agree that neither will commence arbitration ,before the end of the time for informal negotiation.,C.
NOTICE OF DISPUTE.If Yougive a Notice of Dispute to Trend Micro, Youmust send by U.S.
Mail to Trend ,Micro Incorporated, ATTN: Arbitration Notice, Legal Department, 225 East John Carpenter Freeway, Suite 1500, ,Irving, TX 75062, a written statement setting forth (a) Your name, address, and contact information, (b) Your ,Software or Premium Support Services serial number, if Youhave one, (c) the facts giving rise to the Dispute, ,and (d) the relief Youseek.
If Trend Micro gives aNotice of Dispute to You, we will send by U.S.
Mail to Your ,billing address if we have it, or otherwise to Your e-mail address, a written statement setting forth (a) Trend Micro’s ,contact information for purposes of efforts to resolve the Dispute, (b) thefacts giving rise to the Dispute, and (c) ,the relief Trend Micro seeks.
,D.
BINDING ARBITRATION.YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT ,RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO ,RESOLVE THE DISPUTEWILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ,ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW.
YOU UNDERSTAND AND ,ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO ,LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A ,JUDGE OR JURY.
INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED ,BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A ,LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT.
ANY COURT WITH JURISDICTION ,OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD.
THE ONLY DISPUTES NOT COVERED ,BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, ,PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF ,YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.
,E.
SMALL CLAIMS COURT.Notwithstanding the above, Youhave the right to litigate any Dispute in small claims ,court, if all requirements of the small claims court, including any limitations on jurisdiction and the amount at issue ,in the Dispute, are satisfied.
Notwithstanding anything to the contrary herein, Youagree to bring a Dispute in ,small claims court only in Your county of residence or Dallas County, Texas.
,F.
C LASS ACTION WAIVER.TO THE EXTENT ALLOWED BY LAW, YOU AND TREND MICRO AGREE THAT ,ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, ,OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU ,NOR TREND MICRO WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A ,REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ,ANY PROCEEDING IN WHICH YOU OR TREND MICRO ACTS OR PROPOSES TO ACT IN A ,REPRESENTATIVE CAPACITY.
YOU AND TREND MICRO FURTHER AGREE THAT NO ARBITRATION OR ,PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR ,PROCEEDINGWITHOUT THE PRIOR WRITTEN CONSENT OF YOU, TREND MICRO, AND ALL PARTIES TO ,ANY SUCH ARBITRATION OR PROECCEDING.
,G.
ARBITRATION PROCEDURE.The arbitration of any Dispute will be conducted by and according to the ,Commercial Arbitration Rules of the AmericanArbitration Association (the "AAA").
Information about the AAA, ,and how to commence arbitration before it, is available at www.adr.org,.
If Youare an individual consumer and ,use the Software or Premium Support Services for personal or household use, or if the value of the Dispute is ,$75,000 or less, the Supplementary Procedures for Consumer-Related Disputes of the AAA will also apply.
If the ,AAA rules or procedures conflict with the provisions of this Agreement, the provisions of this Agreement will ,govern.
You may request a telephonic or in-person hearing by following the AAA rules and procedures.
Where ,the value of a Dispute is $10,000 or less, any hearing will be through a telephonic hearing unless the arbitrator ,finds good cause to hold an in-person hearing.
The arbitrator has the power to make any award of damages to ,Trend Micro End User License Agreement -Consumer,January 2019,the individual party asserting a claim that would be available to a court of law.
The arbitrator may award declaratory ,or injunctive relief only in favor of the individual party asserting a claim, and only to the extent required to provide ,relief on that party's individual claim.
,H.
ARBITRATION LOCATION.You agree to commence arbitration only in Your county of residence or inDallas ,County,Texas.
Trend Micro agrees to commence arbitration only in Your county of residence.
,I.
COSTS AND ATTORNEY'S FEES.In a dispute involving $75,000 or less, Trend Micro will reimburse for ,payment of Your filing fees, and pay the AAA administrative fees and the arbitrator's fees and expenses, incurred ,in any arbitration Youcommence against Trend Micro unless the arbitrator finds it frivolous or brought for an ,improper purpose.
Trend Micro will pay all filing and AAA administrative fees, and the arbitrator's fees and ,expenses, incurred in any arbitration Trend Micro commences against You.
If a Dispute involving $75,000 or less ,proceeds to an award at the arbitration after Youreject the last written settlement offer Trend Micro made before ,the arbitrator was appointed ("Trend Micro's Last Written Offer"), and the arbitrator makes an award in Your favor ,greater than Trend Micro's Last Written Offer, Trend Micro will pay Youthe greater of the award or $1,000, plus ,twice Your reasonable attorney's fees, if any, and reimburse any expenses (including expert witness fees and ,costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration, ,as determined by the arbitrator or agreed to by Youand Trend Micro.
In any arbitration Youcommence, Trend ,Micro will seek its AAA administrative fees or arbitrator's fees and expenses, or Your filing fees it reimbursed, only ,if the arbitrator finds the arbitration frivolous or brought for an improper purpose.
Trend Micro will not seek its,attorney's fees or expenses from You.
In a Dispute involving more than $75,000, the AAA rules will govern ,payment of filing and AAA administrative fees and arbitrator's fees and expenses.
Fees and expenses are not ,counted in determining how much a Disputeinvolves.
,J.
IF CLASS ACTION WAIVER ILLEGAL OR UNENFORCEABLE.If the class action waiver (which includes a ,waiver of private attorney-general actions) in Section 27F (class action waiver) is found to be illegal or ,unenforceable as to all or some parts ofa Dispute, whether by judicial, legislative, or other action, then the ,remaining paragraphs in Section 27will not apply to those parts.
Instead, those parts of the Dispute will be severed ,and proceed in a court of law, with the remaining parts proceedingin arbitration.
The definition of "Dispute" in this ,section will still apply to this Agreement.
You and Trend Micro irrevocably consent to the exclusive jurisdiction ,and venue of the state or federal courts in Dallas County, Texas, USA, for all proceedings in court under this ,paragraph.
,K.
YOUR RIGHT TO REJECT CHANGES TO ARBITRATION AGREEMENT.
Notwithstanding anything to the ,contrary in this Agreement, Trend Micro agrees that if it makes any change to Section 27(other than a change to ,the notice address)while Youare authorized to use the Softwareor Premium Support Services, Youmay reject ,the change by sending us written notice within 30 days of the change by U.S.
Mail to the address in Section 27C.
,By rejecting the change, Youagree that Youwill informally negotiate and arbitrate any Dispute between us in ,accordance with the most recent version of Section 27before the change Yourejected.
,L.
SEVERABILITY.If any provision of Section 27and its subsections, other than Section 27F (class action ,waiver), is found to be illegal or unenforceable, that provision will be severed from Section 27, but the remainder ,paragraphs of Section 27will remain in full force and effect.
Section 27J says what happens if Section 27F (class ,action waiver) is found to be illegal or unenforceable.
,28.GENERAL.ThisAgreement and specifications regarding number of C omputers and Subscription Termconstitutethe ,entire agreement between Youand Trend Micro.Unless the Softwareand/or the Premium Support Services are,subject to an existing,written contract signed by Trend Micro, this Agreement 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 isfound 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.,29.Third Party and Open Source Technology.The Software may contain certain third party or open source technology ,and You acknowledge that Your use of such third party or open source technology may be subject to separate terms ,and conditions, which are typically found in a "Read Me" or an "About" file in the Software.
The owners of such third ,party technology retain all ownership and intellectual property rights in their respective technology.
In that case, this ,Trend Micro End User License Agreement -Consumer,January 2019,Agreement does not affect Your legal relationship with these third parties.
The relationship between Trend Micro and ,such third parties is that of licensee/licensor.,30.GOVERNING LAW/TREND MICRO LICENSING ENTITY.,North America: If Youare located in the United States or Canada, the licensor is: Trend Micro Incorporated, 225 E.
,John Carpenter Freeway, Suite 1500, Irving, TX 75062andthis Agreement is governed by the laws of the State of ,Texas, USA.
,CentralAmericaand South America:If You are located in CentralAmerica or South America (other than in Brazil,orColombia), the licensor is: Trend Micro Latinoamérica, S.
A.
de C.
V., Insurgentes Sur No.
730, Piso 3, Colonia Del ,Valle, Delegación Benito Juárez, C.P.
03100, Ciudad de México,México, D.
F.
Tel: 3067-6000 and this Agreement ,is governed by the laws of the Republic of Mexico.
If You are located in Brazil, the licensor is Trend Micro do Brasil, ,LTDA, Rua Professor Atílio Innocenti, 165 –18ª Andar,Vila Nova Conceição –São Paulo, SPBrazilCep: 04538-,000and this Agreement is governed by the federal laws of Brazil.If you are located in Colombia, the licensor is Trend ,Micro Colombia, S.A.S., Calle 97ª# 9ª -50 of.503, Bogotá, Colombia and this Agreement is governed by the laws of ,Colombia.,Europe(other than Russia and Turkey) and Israel:If You are located in Europe(other than Russia and Turkey) or ,Israel, 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.If you are located ,in Europe (other than France, Germany, Italy or Spain )or Israel, this Agreement is governed by the laws of England ,and Wales.
If Youare located in Germany, this Agreement is governed by the laws of the Federal Republic of ,Germany.
If Youare located in France, this Agreement is governed by the laws of France.
If Youare located in Italy, ,this Agreement is governed by the laws of Italy.
If you are located in Spain, this Agreement is governed by the laws ,of Spain.,Russia, Turkey, Middle East (other than Israel) and Africa:If Youare located in Russia, Turkey, Africa or the ,Middle East, the licensor is: Trend Micro DMCC, a limited liability company incorporated in United Arab Emirates ,having its registered office at Unit 3301, Swiss Tower, Plot No: JLT-PH2-Y3A,Jumeirah Lakes Towers,Dubai, United ,Arab Emiratesand this Agreement is governed by the laws of England.
,Asia Pacific (other than Japan): If Youare located in Australia,New Zealand, India, Malaysia, the Philippines, or ,Thailand, the licensor is: Trend Micro Australia Pty Limited, Level 15, 1 Pacific Highway, North Sydney, New South ,Wales, 2060, Australia.If you are located in Australia or New Zealand,this Agreement is governed by thelaws of ,New South Wales, Australia.
If You are located in India,Malaysia, or the Philippines, 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 Singapore, Vietnam or Indonesia, the licensor is: Trend Micro Singapore Pte Ltd., 6Temasek ,Boulevard #16-01Suntec Tower Four, Singapore.If You are located in Singaporeor Indonesia, this Agreement is ,governed by the laws of Singapore.
If You are located in Vietnam, this Agreement is governed by the laws of Vietnam.,If Youare located in Hong Kong, Koreaor Taiwan, the licensor is: Trend MicroInc., 8F, No.198, Tun-Hwa S.
Road, ,Sec.
2, Taipei 106, Taiwan.
If Youare located in Hong Kong, this Agreement is governed by the laws of Hong Kong.
,If Youare located in Taiwan,this Agreement is governed by the laws of Taiwan.If you are located in Korea, this ,Agreement is governed by the laws of Korea.,If You are located in the People’s Republic of China, the licensor is Trend Micro (China) Inc., 8,th,Floor,Century Ba-,shi Building, No.
398 Huai HaiZhong Road, Shanghai, China 20020, and this Agreement is governed by the laws of ,the People's Republic of China laws, and You agree that any dispute related to this Agreementmust be submitted to ,the Beijing Arbitration Commission.,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.
,31.U.S.
GOVERNMENT RESTRICTED RIGHTS.ThisSoftware is“CommercialComputer Software" as defined under,DFARS 252.227-7014.If you are subject to the Defense Federal Acquisition Regulations (DFAR),and theCommercial ,Trend Micro End User License Agreement -Consumer,January 2019,Computer Software and associateddocumentation are sold pursuant to Trend Micro’s standard commercial license ,pursuant to DFARS227-7202-1, Commercial Products.For all other government customers, use, duplication, or ,disclosure bythe U.S.Government is subject to restrictions set forthin FAR 52.227-19, as applicable.,32.QUESTIONS.If Youhave a question about the Softwareand/or Premium Support Services, visit: ,https://helpcenter.trendmicro.com/en-US/,.Direct all questions about this Agreement to: ,legal_notice@trendmicro.com.
,THE SOFTWARE IS PROTECTED BY INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL TREATY,PROVISIONS.
UNAUTHORIZED REPRODUCTION ORDISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL ,PENALTIES.