<h2>TREND MICRO PRE-RELEASE SOFTWARE EVALUATION AGREEMENT</h2>


<p>IMPORTANT: THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU, AS BETA LICENSEE, AGREE TO DOWNLOAD, INSTALL AND EVALUATE THIS PRE-RELEASE TREND MICRO SOFTWARE ("SOFTWARE").</p>
<p>BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE EVALUATING THE SOFTWARE ON BEHALF OF YOUR COMPANY OR ORGANIZATION (COLLECTIVELY "USER"), BY CLICKING ON THE "I ACCEPT" BUTTON, YOU REPRESENT THAT (A) YOU ARE DULY AUTHORIZED TO REPRESENT THE USER AND ACCEPT THIS AGREEMENT ON ITS BEHALF AND (B) YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON USER'S BEHALF. AN AGREEMENT IS THEN FORMED. IF YOU OR THE USER (COLLECTIVELY "YOU") DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCEPT THIS OFFER TO BETA TEST THE SOFTWARE AND DO NOT DOWNLOAD OR EVALUATE THE SOFTWARE. IF, FOR TECHNICAL REASONS, YOU ARE PROMPTED TO ACCEPT A LICENSE AGREEMENT DURING THE PROCESS OF INSTALLING OR DOWNLOADING THE SOFTWARE, BY CLICKING AN "I ACCEPT" OR OTHER SIMILAR BUTTON, YOU SHALL BE DEEMED MERELY TO CONFIRM THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUBJECT TO THE FOREGOING,  THIS AGREEMENT SUPERCEDES ANY PRIOR AND CONTEMPORANEOUS AGREEMENT, REPRESENTATION OR UNDERSTANDING REGARDING THE SUBJECT MATTER OF THIS AGREEMENT. 
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1. LIMITED LICENSE. Subject to the terms of this Agreement, Trend Micro authorizes You to use the Software for up to thirty (30) days or such other period authorized by Trend Micro ("Evaluation Period") from download for the sole purpose of evaluating and testing the Software and providing Feedback (as defined below) to Trend Micro. You may make one copy of the Software and a reasonable number of copies of any documentation for back-up or internal use only, provided that each such copy contains all copyright and other proprietary notices as in the original. This right terminates automatically upon expiration of the Evaluation Period or if You fail to comply with any term of this Agreement. Upon termination, You agree to destroy all  copies of the Software and any related documentation provided. Sections 2-11 survive termination of the Agreement.</p>
<p>2. PROPRIETARY RIGHTS. The Software is protected by intellectual property laws and international treaty provisions.  You do not acquire any rights to the Software except as expressly set forth herein. You will not attempt to transfer, rent, auction, sublicense, loan, modify, create derivative works of, merge, translate,
reverse compile, de-compile, or disassemble the Software, in whole or in part, or authorize others to do any of the foregoing.</p>
<p>3.  PRE-RELEASE ACKNOWLDGEMENT. You acknowledge that the Software has been not released for production use, and as such, the Software may have errors or other operating  deficiencies and may not operate in substantial accordance with the applicable documentation. Trend Micro disclaims any obligation to correct any errors in the Software or to provide technical support for the Software. You also acknowledge that  the Software is subject to change and modification, including, without limitation, changes and modifications with respect to performance, functionality and appearance at any time at the sole discretion of each Trend Micro.</p>
<p>4. REGISTRATION. In order to download the Software for beta test purposes, You may be required register with Trend Micro and provide Trend Micro with certain limited personal data. In such case, by accepting this Agreement You agree to register Your Software as a condition of Your use of the Software under this Agreement, and consent to having certain  limited personal data stored outside the country where You are located and/or in jurisdictions where privacy laws may not be as stringent as those in your own country.</p>
<p>5. INFORMATION COLLECTION. In addition to any required product registration information, Trend Micro must process and store certain information about your network and equipment. To  improve its products, Trend Micro may also upload information periodically from installed Software about product usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. Trend Micro products are not designed to capture or retain any personal or private information. You agree that Trend Micro may (i) use uploaded data from installed Software to improve products and services; (ii) share data that has been identified as malicious or unwanted content with worldwide
affiliates and security partners; and (iii) use and disclose uploaded data for analysis or reporting purposes only if any such use, sharing or disclosure does not identify
you or include any information that can be used to identify any individual person. Trend Micro reserves the title, ownership and all rights and interests to any intellectual property or work product resulting from its use and analysis of such information.</p> 
<p>6.  CONFIDENTIALITY. You acknowledge that the Software and any serial number or activation code constitute or embody valuable trade secrets and confidential information of Trend Micro. You agree not to make available or disclose the Software or Your Feedback (as defined below) or other evaluation results to any third party, except (if You represent a Company) to employees orindependent consultants who are bound by industry standard non-disclosure obligations. You agree to secure and protect the Software and any serial number or
activation code in a manner consistent  with the maintenance of Trend Micro's rights therein, and agree to  take appropriate action to ensure that any of Your employees or agents permitted access to the Software will act in accordance with Your obligations under this Agreement.</p>
<p>7. NO PUBLICITY RIGHTS. Neither Trend Micro nor You shall use the other's name or make any references to the other, directly or indirectly, in any papers, articles, advertisement, news releases, statements or other communications, or otherwise disclose the fact, or results of Your evaluation of the Software without the prior written consent of the other party.</p>
<p>8. EVALUATION RESULTS. Based on Your use of the Software, You agree to provide Trend Micro with reasonable feedback, on a periodic basis, about the Software, including a list of discovered errors, deficiencies or other problems, the results of any performance tests, answers to questions or surveys (including but not limited to questions relating to usability and functionality), and/or recommendations on how to modify the  Software and related documentation to better suit Your needs (collectively "Feedback"). Trend Micro shall be free to use any and all such Feedback for any purpose.</p>
<p>9. DISCLAIMER. GIVEN THE DEVELOPMENTAL AND PRE-RELEASE NATURE OF THE SOFTWARE, TREND MICRO DOES NOT MAKE ANY WARRANTIES WHATSOEVER  AS TO THE OPERATION OR PERFORMANCE OF THE SOFTWARE AND TREND MICRO PROVIDES THIS SOFTWARE TO YOU "AS IS." TREND MICRO MAKES NO PROMISES, REPRESENATATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO THE SOFTWARE, DOCUMENTATION OR CONFIDENTIAL INFORMATION COVERED UNDER THIS AGREEMENT, AND TREND MICRO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TREND MICRO DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERROR OR INTERRUPTION.</p>
<p>10. LIMITATION OF LIABILITY. IN NO EVENT SHALL TREND MICRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST OR CORRUPTED DATA, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATED TO THE USE OF THE SOFTWARE OR THIS AGREEMENT, WHETHER OR NOT TREND MICRO HAS BEEN ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES, ANDREGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED. USER ASSUMES ALL RISK ARISING OUT OF USE OF THE SOFTWARE HEREUNDER.</p>
<p>11.  EXPORT CONTROL. You agree to comply with all applicable laws including but not limited to the export control laws of the United States. You shall not export nor re-export the Software  or any Confidential Information related thereto without the appropriate United States and foreign government licenses. By accepting this Agreement, You confirm that You are not a resident or citizen of any country currently embargoed by the U.S. or are not otherwise prohibited under the exports laws from receiving the Software. A list of embargoed countries is available at the official web site of the Office of Foreign Assets Control of the U.S. Department of the Treasury at http://www.treas.gov/ofac/.</p>
<p>12. GENERAL. This Agreement and any related disputes will be governed by the laws of the State of California, excluding its conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. The courts in the State of California shall have exclusive jurisdiction over any dispute arising out of or related to  this Agreement, except for injunctive or other interim relief. If any provision of this Agreement is found invalid, the remaining provisions will remain in full force and effect. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ACCEPT TREND MICRO'S OFFER TO LICENSE THE SOFTWARE FOR EVALUATION AND BETA TESTING PURPOSES UNDER THESE TERMS AND 
CONDITIONS.</p>
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If You do not accept Trend Micro's offer or You wish to license the Software for production use, contact:<br/> 
Trend Micro Incorporated, 10101 N. De Anza Blvd., Cupertino, CA 95014.<br/>
Telephone: (408) 257-1500.<br/>
Fax: (408) 257-2003.<br/>
Address all questions about this Agreement to: legalnotice@trendmicro.com.<br/>
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