Effective Date: June 17, 2021
From time to time, we may modify these Terms. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all use of the Website after they are posted. We will use reasonable efforts to notify you of the changes through communications via the Website, email or other means.
Accessing our Website
Third Party Websites, Products, Services and Downloads
This Website may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). Trend Micro does not have any influence or control over any such Products or Services or any Third Party Website. Unless otherwise stated, Trend Micro is not responsible for and does not endorse any Products or Services or any Third Party Website, or its availability or contents. Trend Micro is not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services.
The terms of service and privacy policies applicable to external websites may be different from those applicable to our Website. If you decide to access any external website through a link within our Website, you do so entirely at your own risk, and Trend Micro will have no liability for any loss or damage arising from your access or use of any external website.
Linking and Framing
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other website nor may you use other techniques that alter in any way the visual presentation or appearance of any content within this site. We reserve the right to withdraw linking permission without notice. In such event, you agree to immediately remove all links to this Website and to cease any related use of Trend Micro trademarks.
Intellectual Property Rights
The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Website (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. We are the owner or the licensee of all intellectual property rights in our Website (including but not limited to the services other intellectual property rights offered on or via the Website) and in the material published on it. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided herein, we reserve all rights to the Website and Content.
You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Content; license or sublicense any part of the Content; or in any way exploit any part of the Content. In addition, except as provided in this Agreement or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
Information that you provide to us or that we collect about you through your access to and use of the Website is subject to our Privacy Notice. We encourage you to read and become familiar with our Privacy Notice.
Limitation of Liability/Indemnity/Disclaimer of Warranties
TREND MICRO AND ALL INFORMATION, SERVICES AND DOCUMENTATION PROVIDED IN CONNECTION WITH THE CONTENT OR ANY PART OF THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TREND MICRO BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE WEBSITE OR THE RELIANCE ON ANY INFORMATION CONTAINED IN THE CONTENT OR ON ANY PART OF THE WEBSITE. 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.
THIS SECTION DOES NOT SEEK TO LIMIT OR EXCLUDE THE LIABILITY OF TREND MICRO 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.
Applicable Law. This Agreement shall be governed by the laws of the State of New York, without regard to the conflict of laws provisions thereof. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement. These Terms and the Trend Micro Privacy Notice (as each may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access and use of the Website.