Overview; Pre-Release Notice.

1. Overview. Digital Wellness Check and Advisory Service is a service provided by Trend Micro that will provide a comprehensive assessment of customer’s email scam/ fraud/ identity theft risk score which will allow the Trend Micro Technical Support to address immediate risks and provide practical preventive measures.

2. Feedback. You agree that you may be contacted by a Trend Micro employee to run the assessment with you and provide any feedback to Trend Micro either orally or in writing regarding (a) any errors, problems, and defects; and (b) ideas, proposals, or suggestions for modifications, changes, and improvements to the Beta Service (collectively, “Feedback”). In providing any such Feedback, You agree that You will NOT provide or include any information, data, or recommendations that You consider to be confidential information. All such Feedback will be the sole and exclusive property of Trend Micro. You hereby irrevocably transfers and assigns to Trend Micro, all of Your entire present and future right, title, and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in and to all Feedback.

3. Pre-Release Notice. You acknowledge that the Beta Service is a pre-release version. The testing and quality assurance of the Beta Service has not yet been completed, and the Beta Service is not authorized for commercial or general release by Trend Micro. Because the Beta Service is subject to change, Trend Micro reserves the right to alter the Beta Service at any time, and any reliance on the Beta Service, is at Company’s own risk.

Ownership. Trend Micro retains all right, title, and interest in and to the Beta Service and all copies, improvements, enhancements, modifications, and derivative works of the Beta Service, including, without limitation, all patent, copyright, trade secret, trademarks, and other intellectual property rights therein. Trend Micro grants no express or implied rights to You under these Terms of Service to any of Trend Micro’s patents, copyrights, trade secrets, trademarks, or other intellectual property rights. You will not authorize or permit any third party to access or use the Beta Service and will not, and will not authorize or permit others to: (a) copy, make modifications to, translate, or create derivative works based on the Beta Service; (b) publish or otherwise make available to any third party, any benchmark or any other evaluation or test results pertaining to the Beta Service; or (c) remove or alter any proprietary notices on or in the Beta Service.

No Warranty. THE BETA SERVICE IS PROVIDED FREE OF CHARGE AND “AS IS”, “WITH ALL FAULTS”, AND WITHOUT ANY WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND.

Disclaimer; Limitation of Liability. IN NO EVENT WILL TREND MICRO BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR EXTRA-CONTRACTUAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), WHETHER OR NOT FORESEEABLE, EVEN IF TREND MICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR ANY CLAIM BY YOU (EVEN IF BASED ON NEGLIGENCE), TREND MICRO’S MAXIMUM AGGREGATE LIABILITY UNDER OR RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER IS LIMITED TO US$1,000.00. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE.

PRIVACY AND DATA PROTECTION REGULATIONS

1. General. The use of the Beta Service may be subject to privacy and/or data protection laws or regulations in certain jurisdictions. You are responsible for determining how and if you need to comply with those laws or regulations. In connection with you or your household's registration (which includes completion of a diagnostic questionnaire), request for, and/or use of the Beta Service, Trend Micro processes personal or other data (some of which may be automatically forwarded to Trend Micro by the Beta Service) for the purposes of, among other things, registering or checking/validating licenses for and providing or supporting the Beta Service or Trend Micro Product as stated in our Global Privacy Notice for products and services, which is available https://www.trendmicro.com/privacy. Such data may be transferred to servers of Trend Micro and its suppliers outside your jurisdiction (including outside the European Economic Area), as is more fully described in our Global Privacy Notice.

2. Data Collection - Global. We state and you understand that Beta Service licensed hereunder may contain features and/or functionality that collect, upload, forward, use, and/or store your data (some of which may be personal data, personal information or personally identifiable information under applicable laws) that is necessary to permit Trend Micro to, among other things provide the features and functionality of the Beta Service as is more fully described in our Global Privacy Notice.

Governing Law; Dispute Resolution. These Terms of Service, the performance of the parties hereunder, and all disputes arising or related hereto will be governed by and construed in accordance with the laws of the State of New York and controlling U.S. federal law applicable to agreements entered into and to be performed wholly therein. The parties irrevocably consent to the sole and exclusive in personam jurisdiction of: (a) the United States District Court for the Southern District of New York, located in the Borough of Manhattan, but if such court shall determine that it does not and cannot have subject matter jurisdiction over such action, matter, or proceeding; then to, (b) the Supreme Court of the State of New York, located in the Borough of Manhattan; and all proceedings shall be litigated and determined solely and exclusively in such courts. Each of the Parties represents and agrees that such in personam jurisdiction is reasonable and fair and hereby waives any objection which it may now or hereafter have based on improper venue or forum non conveniens in such courts. The parties specifically disclaim application hereto of the UN Convention on Contracts for the International Sale of Goods. You acknowledge that the Beta Service may be subject to, and You agree to comply with, applicable U.S. export laws and regulations.

Complete Agreement. These Terms of Service contain the complete agreement between You and Trend Micro relating to its subject matter and merges and supersedes any previous or contemporaneous agreement, proposal, commitment, representation, or other communication, whether oral or written, relating to the subject matter of these Terms of Service.