IMPORTANT: READ CAREFULLY. USE OF TREND MICRO SOFTWARE AND SERVICES BY BUSINESS AND OTHER ENTITIES IS SUBJECT TO THE FOLLOWING LEGAL TERMS AND CONDITIONS Trend Micro License Agreement Trial and Paid Use License - Enterprise and SMB Software and Services Date: February 2016 English/Multi-country 1. Scope. This Agreement applies to all Trend Micro software ("Software"), services sold as standalone products ("Standalone Services") and service components of Software ("Service Components") sold to small and medium business ("SMB") and large enterprises ("Enterprise"). Standalone Services and Service Components are collectively referred to as "Services". This Agreement shall also apply to Trend Micro Encryption for Email ("TMEE") for personal use. The term "Software" as used herein shall include TMEE. Professional or expert service offerings are governed by other agreements. 2. Binding Contract. This Trend Micro License Agreement ("Agreement") is a binding contract between Trend Micro Incorporated or a licensed affiliate/affiliate licensor ("Trend Micro") and the legal entity that will be using Trend Micro Software or Services on a paid or trial use basis or individuals who will be using TMEE on a personal use basis. An employee or other agent, including a reseller or contractor which installs or registers Software or Services, of this entity ("Representative") must accept this Agreement on behalf of the entity before the Software or Services may be used. Individuals who install or register TMEE for personal use must also accept this Agreement before using TMEE. Entities whose Representative has validly accepted this Agreement or individuals who have accepted this Agreement are referred to as "You." Please print this Agreement and save a copy electronically. NOTE: SECTION 19 OF THIS AGREEMENT LIMITS TREND MICRO'S LIABILITY. SECTIONS 8, 15, 16 AND 17 LIMIT OUR WARRANTY OBLIGATIONS AND YOUR REMEDIES. SECTION 10 SETS FORTH IMPORTANT CONDITIONS OF USE FOR SOFTWARE AND SERVICES. PLEASE READ THESE SECTIONS CAREFULLY BEFORE ACCEPTING THE AGREEMENT. 3. Agreement Acceptance. (a) If the Software is downloaded, or the Service initiated from, our website (for paid, trial or personal use purposes), this Agreement will be accepted and a contract formed when a Representative or an individual selects an "I Accept", "OK" or "Yes" button or box below prior to download or installation. (b) If the Software is installed from a Compact Disc (CD)/DVD accompanying a product package, this Agreement will be deemed accepted and a contract formed when a Representative or an individual breaks the seal on the CD/DVD jacket/case. (c) If an entity is already using an evaluation or other version of the Software or Service, it shall be deemed to accept the Agreement as a paid user when a Representative or an individual enters the paid use product registration key or activation code (whichever is first). 4. Agreement Rejection. If an individual is not authorized to accept this Agreement on behalf of the entity, or a Representative or an individual does not agree with any term or condition of the Agreement, select the "I Do Not Accept" or "No" button or box below and/or do not input the registration key or activation code, break the seal on the CD/DVD jacket/case or use the Software or Service(s). IF ANY ENTITY DOES NOT AGREE WITH ANY TERM OF THIS AGREEMENT AND HAS PAID FEES BEFORE RECEIVING NOTICE OF THIS AGREEMENT, IT MAY CONTACT ITS SUPPLIER WITHIN 30 DAYS OF RECEIPT OF THE ORDER CONFIRMATION OR LICENSE CERTIFICATE FOR A REFUND. 5. Applicable Agreement. When installing the Software or initiating a Service, You may be prompted to accept the same or another version of, or a third party, end user license agreement. The first version of a "Trend Micro License Agreement" You validly accept shall take precedence notwithstanding the terms contained in any other end user license agreement You may have been prompted to accept-unless the Software or Services are subject to an existing written contract or agreement signed by Trend Micro, in which case, the signed contract shall take precedence. Updates made available to You will be subject to the terms of this Agreement. Updates will replace previously licensed parts of the Software or Services. Some Major and Minor Product Updates may also require You to accept additional or different license terms as a condition of use. Otherwise, this Agreement and Trend Micro's written specifications regarding Maintenance and licensed number of Computers, Virtual Machines or Users, as applicable, will supersede any prior or contemporaneous written or oral agreements, representations or understandings. Modifications to this Agreement must be agreed to in writing by Trend Micro. 6. Applicable Terms and Definitions. Paid Use Licenses: If You are Paid User, Sections 1 through 7 and 9 through 31 apply to You. Trial or Personal Use Licenses: If You are a "trial user" or "personal user" Sections 1 through 8, 10, 13, 14, 18, 19, 21 through 31 of this Agreement apply to You. "Computer" means personal computers, workstations, handheld personal computers, cellular or mobile telephone or other digital electronic devices. "Content Security Updates" are new versions of the Software's content security component(s) also known as pattern files or definitions. "Documentation" means the technical documentation and operating instructions made available to You of the Software and/or Services, including printed updates, "Read Me" files and release notes available on-line. "License Instrument" means one or more of the following applicable documents which further defines Your license rights to the Software and/or Services: purchase order, order confirmation, license certificate or similar license document issued by Trend Micro, or a written agreement between You and Trend Micro, that accompanies, precedes or follows this Agreement. "Major Product Updates" are subsequent versions of the Software that contain new features or functionality. "Minor Product Updates" are subsequent versions of the Software that contain bug fixes or minor enhancements and are typically designated by a change in the version number to the right of the decimal point. "Paid Users" are those who have purchased a license to Software and/or Services or valid users of IBM Product (as such term is defined below). "Personal Users" those using TMEE for personal, non-commercial purposes. "Service Updates" are enhancements to the databases, heuristics or underlying technology of the Services. Service Updates are implemented without end user action. "Trial Users" are those who have not purchased a license to Software and/or Services and are using the Software and/or Services for trial or evaluation purposes, "Use Level" means the license use model (which may include, but not be limited to, by Computer, console, operating system, hardware system, application, CPU, key, User, server, Virtual Machines, machine tier limitations, as applicable) by which Trend Micro measures, prices and licenses the right to use the Software and/or Services, in effect at the time an order is placed for such Software or Services, as indicated in this Agreement and the applicable License Instrument. "Users" are Your employees or independent consultants who use, or have access to, a Computer (including a shared Computer) or other device to perform work for You, which Computer or device is connected directly or indirectly to the server(s) or other systems on which the Software is installed or who benefit from the use of the Software or is the person who actually uses any portion of the Software. "Virtual Machines" are software implementations of a machine (i.e. a computer) that executes programs like a physical machine. Virtual Machines includes Managed Virtual Machines. "Managed Virtual Machine" means Powered-On Virtual Machine. "Powered-On Virtual Machine" means a virtual machine in an active power state and executing computing instructions.