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Trend Micro End User License Agreement
Software: HijackThis
Version: English/Multi-country
Date: April 2007
IMPORTANT: YOU MUST CAREFULLY READ AND AGREE TO ALL TERMS AND
CONDITIONS OF THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
INSTALLING OR USING THE SOFTWARE.
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH
TREND MICRO IS WILLING TO LICENSE THE "SOFTWARE" TO "YOU" AS AN
INDIVIDUAL USER OR AN AUTHORIZED REPRESENTATIVE OF AN ENTITY.
BY CLICKING THE "I ACCEPT" BUTTON 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. WE ENCOURAGE YOU TO PRINT A COPY OF THE AGREEMENT FOR
YOUR RECORDS
YOU MUST ACCEPT THIS AGREEMENT BEFORE YOU INSTALL OR USE THE
SOFTWARE. IF YOU ARE ACQUIRING THE SOFTWARE ON BEHALF OF AN ENTITY, THEN YOU
MUST BE PROPERLY AUTHORIZED TO REPRESENT THAT ENTITY AND TO
ACCEPT THIS AGREEMENT ON ITS BEHALF.
YOU ACCEPT THIS END USER LICENSE BY CLICKING THE "I ACCEPT" BUTTON
BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, SELECT
"I DO NOT ACCEPT". YOU WILL THEN NOT BE PERMITTED TO INSTALL OR USE
THE SOFTWARE.
1. LICENSE. Upon Your acceptance of the terms and conditions of this Agreement,
Trend Micro hereby grants You a nonexclusive, nontransferable, non-sublicensable,
royalty-free, worldwide license, to download, install the Software, for Your own use only.
Trend Micro reserves the right to enhance, modify, or discontinue the Software or to
impose new or different conditions on its use at any time without notice.
2. USE RESTRICTIONS AND OWNERSHIP. The Software is licensed not sold. Trend
Micro owns the title and intellectual property rights to the Software, and reserves all rights
not expressly granted to You in this Agreement. You agree that you will not rent, loan,
lease or sublicense the Software. 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 authorize others to undertake any of
these acts.
3. BACKUP. For as long as You use the Software, You agree to regularly 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
causes computer problems, and that Trend Micro is not responsible for any such Data
loss.
4. TERMINATION. Trend Micro may terminate the license at any time for any reason.
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.
5. REPORTS AND PRIVACY. At any time during the term of this Agreement, You may
choose to send to Trend Micro a report of log files that may include personal information
that the Software scanned on Your computer. By accepting this Agreement, You hereby
give Your consent to Trend Micro to process log file data provided by You ("Information")
in connection with this Agreement; processing may include collection, registration,
storage, modification or disclosure of such Information to third parties. As a condition to
using the Software and by accepting this Agreement, You ensure, represent and warrant
that You are legally permitted to provide Trend Micro with access to the Information and
You also give Your consent to Trend Micro to transfer or store the Information in one or
more of its group companies, located in and/or outside the country where You are
located, and/or in jurisdictions which may have a lower level of protection of Information
than is applicable in the country where You are located or where pr
ivacy laws may not be as stringent as those in Your own country.
6. CAUTION AND ACKNOWLEDGEMENT. The Software is designed to identify different
types of files, operating system changes, registry or browser settings, which, in Trend
Micro's judgment, may compromise computer security or productivity. You agree that
Trend Micro shall not be responsible for any removal or disabling of files or settings or the
results of such removal or disabling. You are solely responsible for selecting which files or
settings to remove from Your computer.
7. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT
WARRANTIES OF ANY KIND. TREND MICRO DOES NOT WARRANT THAT YOUR
USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TREND MICRO DISCLAIMS
AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO
THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS,
SATISFACTORY QUALITY, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE.
8. 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) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TREND MICRO
DISCLAIMS ALL LIABILITY FOR 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. YOU ALSO UNDERSTAND AND AGREE THAT YOU DOWNLOAD,
INSTALL AND/OR USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE
SOFTWARE.
9. 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 AND EXCLUSION OR LIMITATION OF
LIABILITIES (SECTIONS 7 AND 8) 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. THERE
MAY BE MANDATORY REGULATIONS OR LEGAL PROVISIONS THAT ARE
APPLICABLE TO YOU AS A CONSUMER.
10. COMPLIANCE WITH ALL LAWS, EXPORT CONTROL. The Software is subject to
export controls under the U.S. Export Administration Regulations. 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. You are responsible
for any violation of the US export control laws related to Your copy of 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.
11. 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 ot
her 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.
12. GOVERNING LAW. Unless otherwise required by the specific jurisdiction's laws,
this Agreement will be governed by the laws of the State of California, USA, without
regard to the provisions of 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.
13. GENERAL PROVISIONS. This is the entire agreement between You and Trend
Micro with respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements regarding such subject matter. Any
waiver of any provision of this Agreement will be effective only if in writing and signed by
Trend Micro. In the event that any provision or portion of this Agreement is found to be
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.
14. QUESTIONS. Address all questions about this Agreement to:
legalnotice@trendmicro.com.
The Software is protected by copyright, trade secret and U.S. PATENT laws, and
international treaty provisions. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION
IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
