Terms and Conditions for the Trend Micro Affinity Partner Portal

Welcome to the Terms and Conditions Section of the Trend Micro Affinity Partner Portal. Here you can find links to our company policies, use of the content and software found on our site, as well as information on our trademarks. We are Trend Micro Trend Micro (UK) Limited, a company registered in the United Kingdom. Our registered office is Trend Micro (UK) Limited, Pacific House, Third Avenue, Globe Business Park, Marlow, Buckinghamshire, ENGLAND, SL 1YL. Please keep the following in mind when using the Trend Micro Affinity Partner Portal:

Website Use

This Website is not intended for use by consumers and is only intended for access within the EMEA region.

Errors or Other Inaccuracies

The information contained in this website is given for general information and interest purposes only. TREND MICRO Incorporated ("TREND MICRO") is not responsible for typographic errors or other inaccuracies in the content provided on the TREND MICRO Affinity Partner Portal. TREND MICRO intends the information contained in the TREND MICRO Affinity Partner Portal to be accurate and reliable. However, errors may occasionally occur. Therefore, all information and materials are provided "AS IS" without any warranty of any kind. TREND MICRO DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE TREND MICRO WEB SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TREND MICRO reserves the right to modify the product and service information contained in the TREND MICRO Affinity Partner Portal without notifying current or prospective customers. IN NO EVENT WILL TREND MICRO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR PAYMENTS BASED ON, THE INFORMATION CONTAINED IN THE TREND MICRO WEB SITE.

TREND MICRO’s Liability to You

These terms and conditions do not exclude TREND MICRO’s liability (if any) to you for:

• personal injury or death resulting from TREND MICRO’s negligence;
• fraud;
• any matter which it would be illegal for TREND MICRO to exclude or to attempt to exclude its liability.

TREND MICRO does not guarantee that this website will be compatible with all or any hardware and software which you may use. TREND MICRO does not guarantee that this website will be available all the time or at any specific time. TREND MICRO reserves the right to withdraw or modify this website at any time.

TREND MICRO is only liable to you for losses which you suffer as a result of a breach of these terms and conditions by TREND MICRO. TREND MICRO is not responsible to you for any losses which you may incur which were not a foreseeable consequence of TREND MICRO breaching these terms and conditions, for example if you and TREND MICRO could not have contemplated those losses before or when you access this website. TREND MICRO’s liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business

Links to Other Web Sites

TREND MICRO makes no representations whatsoever about any other web sites which you may access from the TREND MICRO Affinity Partner Portal. When you access a non-TREND MICRO web site, please understand that it is independent from TREND MICRO and that TREND MICRO has no control over the content on that web site. A link to a non-TREND MICRO Affinity Partner Portal does not mean that TREND MICRO endorses or accepts any responsibility for the content or use of such web site. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.

Treatment of Feedback & Responses Provided to TREND MICRO

Any comments or materials sent to TREND MICRO, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential. TREND MICRO shall have no obligation of any kind with respect to such response, and TREND MICRO shall be free to use, reproduce, distribute and publicly display such comments and materials without limitation. TREND MICRO shall also be free to use any ideas, concepts, know-how or techniques contained in such response for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.

TREND MICRO Trademarks Notice

TREND MICRO Incorporated, InterScan, InterScan VirusWall, ScanMail, ServerProtect, VirusWall, and WebProtect are trademarks of TREND MICRO, registered in the U.S. and are trademarks in other countries, and AppletTrap, ChipAwayVirus, Edoctor, Ehospital, Emanager, MacroTrap, OfficeScan, PC-Cillin, TREND MICRO, Trend VCS, Web Trap and NeatSuite are trademarks of TREND MICRO. All other trademarks are the property of their respective owners.

Software Available on TREND MICRO Affinity Partner Portal

Any software that is made available to download or use from the TREND MICRO Web Site ("Software") is the copyrighted work of TREND MICRO, Incorporated and/or its licensors. Use of the Software is subject to the terms and conditions of the license agreement which accompanies or is included with the Software or other applicable license agreement between you (and the entity you represent) and and the applicable Trend Micro entity from which you have Licensed the Software ("License Agreement"). You must read and accept such License Agreement before you (and the entity you represent) use the Software. Any use, reproduction or distribution of the Software that is not in accordance with the License Agreement is expressly prohibited.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TREND MICRO INCORPORATED DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

If the Software is used by the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Software are as provided in clause 52.227-19 of the FAR.

Use of Content on the TREND MICRO Affinity Partner Portal

Limited Right to Use, Print and Distribute Content: Except as expressly stated otherwise, you are authorized to view, copy, print and distribute the content of the TREND MICRO Affinity Partner Portal subject to the following conditions: (i) it is used for informational, non-commercial purposes only; (ii) any copy or portion must include the TREND MICRO copyright notice "© 2002 TREND MICRO Incorporated. All Rights Reserved"; (iii) no modifications are made; (iv) no graphics are used separately from accompanying text; and (v) TREND MICRO reserves the right to revoke such authorization at any time, and any such use shall be discontinued upon written notice from TREND MICRO.

Pricing and Availability Information

Pricing and availability as set forth in the TREND MICRO Affinity Partner Portal are subject to change without notice, and may not be available in all countries. The TREND MICRO Affinity Partner Portal may contain references to TREND MICRO products, services and programs that have not been announced in your country. These references do not imply that TREND MICRO intends to announce or make available such products, services or programs in your country. Further, the TREND MICRO Affinity Partner Portal may contain references to future planned TREND MICRO products. Such products are only planned and may not actually be produced. Any planned ship dates mentioned in reference to such future products are estimated ship dates only, and are not guaranteed.

Third Party Company and Products (Real And Fictitious)

Mention of third party companies and products on the TREND MICRO Affinity Partner Portal is for informational purposes only and constitutes neither an endorsement nor a recommendation. Except as may be expressly stated otherwise, all third party products must be ordered directly from the vendor, and all licenses and warranties, if any take place between you and the vendor. All persons and companies listed in any examples on the TREND MICRO Affinity Partner Portal are purely fictitious, and resemblance to existing persons and companies is purely coincidental.

Use of the TREND MICRO Affinity Partner Portal by Children

While TREND MICRO's product ad campaigns and marketing materials may be viewed by children, we do not generally target children as customers or solicit data from them. TREND MICRO encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on the sites their children visit. No information should be submitted to, or posted at, TREND MICRO's Affinity Partner Portal by visitors under 18 years of age without the consent of their parent or guardian.

Contracting online

Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions which govern the relationship between us in relation to your use of the website.

If you make a contract with a third party who is named or referred to on this website, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

Governing Law and Jurisdiction

The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.

The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.