TREND MICRO PRE-RELEASE SOFTWARE BETA
TEST OR EVALUATION AGREEMENT
MAY 2010

IMPORTANT: THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU, AS BETA LICENSEE, AGREE TO DOWNLOAD, INSTALL, USE AND EVALUATE THIS PRE-RELEASE TREND MICRO SOFTWARE ("SOFTWARE").

BY SELECTING THE "I AGREE" BOX OR OTHER SIMILAR BOX PRIOR TO
DOWNLOAD AND/OR BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE EVALUATING THE SOFTWARE ON BEHALF OF YOUR COMPANY OR ORGANIZATION (COLLECTIVELY "USER"), BY SELECTING THE "I AGREE" BOX OR OTHER SIMILAR BOX PRIOR TO DOWNLOAD AND/OR BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE AND/OR YOU REPRESENT THAT (A) YOU ARE DULY AUTHORIZED TO REPRESENT THE USER AND ACCEPT THIS AGREEMENT ON ITS BEHALF AND (B) YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON USER'S BEHALF. AN AGREEMENT IS THEN FORMED.

IF YOU OR THE USER (COLLECTIVELY "YOU") DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCEPT THIS OFFER TO BETA TEST THE SOFTWARE, DO NOT SELECT THE "I AGREE" BOX OR OTHER SIMILAR BOX AND/OR DO NOT DOWNLOAD, EVALUATE AND/OR USE THE SOFTWARE. IF, FOR TECHNICAL REASONS, YOU ARE PROMPTED TO ACCEPT A LICENSE AGREEMENT DURING THE PROCESS OF DOWNLOADING OR INSTALLING THE SOFTWARE, BY SELECTING AN "I AGREE" BOX OR OTHER SIMILAR BOX, YOU SHALL BE DEEMED MERELY TO CONFIRM THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUBJECT TO THE FOREGOING, THIS AGREEMENT SUPERCEDES ANY PRIOR AND CONTEMPORANEOUS AGREEMENT, REPRESENTATION OR UNDERSTANDING REGARDING THE SUBJECT MATTER OF THIS AGREEMENT.

1. LIMITED LICENSE. Subject to the terms of this Agreement, Trend Micro authorizes
You to use the Software in a non-production environment for up to thirty (30) days or such
other period authorized by Trend Micro and by no more than the number of users
authorized by Trend Micro to use or receive the services or benefits of the Software
("Evaluation Period") from download for the sole purpose of evaluating and testing the
Software and providing Feedback (as defined below) to Trend Micro. You may make one
copy of the Software and a reasonable number of copies of any documentation for back-up
or internal use only, provided that each such copy contains all copyright and other
proprietary notices as in the original. This right terminates automatically upon expiration
of the Evaluation Period or if You fail to comply with any term of this Agreement. Trend
Micro may terminate this Agreement at any time, with or without cause, upon five (5) days
prior written notice. Upon termination, You agree to stop using the Software and to
destroy all copies of the Software and any related documentation provided. If so requested
by Trend Micro, You shall promptly certify to Trend Micro the destruction of all copies of
the Software and any related documentation provided. Sections 2-12 survive termination
of the Agreement.

2. PROPRIETARY RIGHTS. The Software is protected by intellectual property laws
and international treaty provisions. You do not acquire any rights to the Software except as
expressly set forth herein. You will not attempt to transfer, rent, auction, sublicense, loan,
modify, create derivative works of, merge, translate, reverse compile, de-compile, or
disassemble the Software, in whole or in part, or authorize others to do any of the
foregoing.

3. PRE-RELEASE ACKNOWLEDGEMENT. You acknowledge that the Software has
not been released for production use, and as such, the Software may have errors or other
operating deficiencies and may not operate in substantial accordance with the applicable
documentation. Trend Micro disclaims any obligation to correct any errors in the Software
or to provide technical support for the Software. You also acknowledge that the Software
is subject to change and modification, including, without limitation, changes and
modifications with respect to performance, functionality and appearance at any time at the
sole discretion of each Trend Micro. You understand and agree that the Software, as prerelease
software, may not be used in production.

4. REGISTRATION. In order to download the Software for beta test purposes, You may
be required register with Trend Micro and provide Trend Micro with certain limited
personal data. In such case, by accepting this Agreement You agree to register Your
Software as a condition of Your use of the Software under this Agreement, and consent to
having certain limited personal data stored outside the country where You are located
and/or in jurisdictions where privacy laws may not be as stringent as those in your own
country.

5. INFORMATION COLLECTION. In addition to any required product registration
information, Trend Micro must process and store certain information about your network
and equipment. To improve its products, Trend Micro may also upload information
periodically from installed Software about product usage, detected malware or potentially
unwanted files and use service traffic to improve its data bases and heuristics. Trend Micro
products are not designed to capture or retain any personal or private information. You
agree that Trend Micro may (i) use uploaded data from installed Software to improve
products and services; (ii) share data that has been identified as malicious or unwanted
content with worldwide affiliates and security partners; and (iii) use and disclose uploaded
data for analysis or reporting purposes only if any such use, sharing or disclosure does not
identify you or include any information that can be used to identify any individual person.
Trend Micro reserves the title, ownership and all rights and interests to any intellectual
property or work product resulting from its use and analysis of such information.

6. CONFIDENTIALITY. You acknowledge that the Software and any serial number or
activation code constitute or embody valuable trade secrets and confidential information of
Trend Micro. You agree not to make available or disclose the Software or Your Feedback
(as defined below) or other evaluation results to any third party, except (if You represent a
Company) to employees or independent consultants who are bound by industry standard
non-disclosure obligations. You agree to secure and protect the Software and any serial
number or activation code in a manner consistent with the maintenance of Trend Micro's
rights therein, and agree to take appropriate action to ensure that any of Your employees or
agents permitted access to the Software will act in accordance with Your obligations under
this Agreement.

7. NO PUBLICITY RIGHTS. Neither Trend Micro nor You shall use the other's name or
make any references to the other, directly or indirectly, in any papers, articles,
advertisement, news releases, statements or other communications, or otherwise disclose
the fact, or results of Your evaluation of the Software without the prior written consent of
the other party.

8. EVALUATION RESULTS. Based on Your use of the Software, You agree to provide
Trend Micro with reasonable feedback, on a periodic basis, about the Software, including
a list of discovered errors, deficiencies or other problems, the results of any performance
tests, answers to questions or surveys (including but not limited to questions relating to
usability and functionality), and/or recommendations on how to modify the Software and
related documentation to better suit Your needs (collectively "Feedback"). Trend Micro
shall be free to use any and all such Feedback for any purpose.

9. DISCLAIMER. GIVEN THE DEVELOPMENTAL AND PRE-RELEASE
NATURE OF THE SOFTWARE, TREND MICRO DOES NOT MAKE ANY
WARRANTIES WHATSOEVER AS TO THE OPERATION OR PERFORMANCE
OF THE SOFTWARE AND TREND MICRO PROVIDES THIS SOFTWARE TO
YOU "AS IS." TREND MICRO MAKES NO PROMISES, REPRESENATATIONS
OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE RELATING TO THE SOFTWARE, DOCUMENTATION OR
CONFIDENTIAL INFORMATION COVERED UNDER THIS AGREEMENT,
AND TREND MICRO SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE. TREND MICRO DOES NOT
WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERROR OR
INTERRUPTION. YOU SHAL HAVE THE SOLE RESPONSIBILITY FOR
ADEQUATE PROTECTION AND BACKUP OF ANY DATA AND/OR
EQUIPMENT USED WITH THE SOFTWARE AND YOU WILL HOLD
HARMLESS AND INDEMNIFY TREND MICRO FROM ANY AND ALL CLAIMS
AGAINST TREND MICRO FOR LOST DATA, RE-RUN TIME, INACCURATE
OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE
OF THE SOFTWARE, OR ANY PORTION THEREOF.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL TREND MICRO BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST
OR CORRUPTED DATA, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS,
BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSS) ARISING OUT OF
OR RELATED TO THE USE OF THE SOFTWARE OR THIS AGREEMENT,
WHETHER OR NOT TREND MICRO HAS BEEN ADVISED OR KNEW OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE NATURE OF
THE CAUSE OF ACTION OR THEORY ASSERTED. USER ASSUMES ALL
RISK ARISING OUT OF USE OF THE SOFTWARE HEREUNDER.

11. EXPORT CONTROL. You agree to comply with all applicable laws including but
not limited to the export control laws of the United States. You shall not export nor reexport
the Software or any Confidential Information related thereto without the
appropriate United States and foreign government licenses. By accepting this Agreement,
You confirm that You are not a resident or citizen of any country currently embargoed by
the U.S. or are not otherwise prohibited under the exports laws from receiving the
Software. A list of embargoed countries is available at the official web site of the Office of
Foreign Assets Control of the U.S. Department of the Treasury at
http://www.treas.gov/ofac/.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. If You are an agency or unit of the
United States Government, then You acknowledge 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 other
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.

13. GENERAL. This Agreement and any related disputes will be governed by the laws of
the State of California, excluding its conflict of laws provisions and excluding the United
Nations Convention on Contracts for the International Sale of Goods. The courts in the
State of California shall have exclusive jurisdiction over any dispute arising out of or
related to this Agreement, except for injunctive or other interim relief. If any provision of
this Agreement is found invalid, the remaining provisions will remain in full force and
effect.

BY SELECTING THE "I AGREE" BOX OR OTHER SIMILAR BOX PRIOR TO
DOWNLOAD, AND/OR DOWNLOADING, INSTALLING AND/OR USING THE
SOFTWARE, YOU ACCEPT TREND MICRO'S OFFER TO LICENSE THE
SOFTWARE FOR EVALUATION AND BETA TESTING PURPOSES UNDER
THESE TERMS AND CONDITIONS.

If You do not accept Trend Micro's offer or You wish to license the Software for
production use, contact:
Trend Micro Incorporated, 10101 N. De Anza Blvd., Cupertino, CA 95014. Telephone:
(408) 257-1500. Fax: (408) 257-2003. Address all questions about this Agreement to:
legalnotice@trendmicro.com.