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Trend Micro Web Application Security ist ein gehosteter Sicherheitsservice, der Zeitaufwand, Risiko und Kosten für den Schutz einer Website erheblich senkt. Web Application Security durchsucht auf Ihren Websites automatisch Webanwendungen, Netzwerke und Betriebssysteme nach Sicherheitslücken und Schwachstellen und erstellt qualifizierte Berichte zur Behebung der Risiken. In der Testversion sind zusätzliche Services wie die permanente Überwachung von Websites auf Malware und proaktive Warnmeldungen, wenn Unternehmen infiltriert werden, nicht enthalten. Um E-Commerce-Domains auszuzeichnen, kann zusätzlich das Trend Micro SecureSite Gütesiegel angezeigt werden.

Die Service-Stufe Advanced bietet detaillierte Berichte zur Einhaltung von Richtlinien (z. B. PCI) mit Angaben, wo sich Verstöße ereignet haben und welche Maßnahmen zur Behebung eingeleitet werden sollten. HINWEIS: Dieser Service ist für Unternehmen mit mindestens 16 Domains vorgesehen.

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Service-Vereinbarung

SERVICE AGREEMENT

Services:  Trend Micro Web Application Security
Trial and Paid Subscription
Date: November 2008
English/Multi-country

This Service Agreement (“Agreement”) sets forth the terms and conditions under which Trend Micro is willing to provide the Trend Micro Web Application Security services (the “Services”) to you on a trial or paid subscription basis.   The scope of the Services may be expanded or modified by a scope of work or change order executed by both parties.  Upon execution, such scope of work or change order shall be deemed incorporated into and a part of this Agreement.  If there is a conflict between the provisions of such scope of work or change order and the provisions of the Agreement, the provisions of this Agreement shall govern and control over any and all scope of work or change orders.

 This Agreement is a binding contract between Trend Micro Incorporated or a licensed affiliate (“Trend Micro”) and the legal entity that will be using and receiving the Services.  An employee or agent of this entity (“Representative”) must accept this Agreement on its behalf before Trend Micro will provide the Services.

This Agreement will be accepted and a contract formed when a Representative selects an “I Accept”, “OK” or “Yes” button or box below. Entities whose Representatives have validly accepted this Agreement are referred to as “You.  If You have already validly received the Services under this Agreement for trial or feasibility testing purposes, You shall be deemed to accept this Agreement as a paid subscriber by placing an order with Trend Micro to use the Services or to provide services to a third party on a fee basis.  Please print this Agreement and save a copy electronically.

If an entity does not agree or cannot comply with any term or condition of this Agreement, select the “I Do Not Accept” or “No” button or box below and do not access or use the Services (as defined in Section 1 below).”

1.  Services Description. Trend Micro will use its web threat protection scanning and monitoring technology and third-party licensed web threat vulnerability assessment, monitoring and remediation technology to scan, assess and monitor sites for web site vulnerabilities and malicious malware threats.  Trend Micro will scan, assess and monitor sites or domains (the “Sites”) for which You have paid applicable annual license fees or as agreed to by Trend Micro on a trial basis.  Trend Micro will issue remediation reports describing the results of such scanning and monitoring.  Such reports will be delivered to an email address provided by You to Trend Micro or You may access and review the reports online as instructed by Trend Micro.
(a)	Security Review.  The Services serve as a means to identify, report and deliver fix recommendations for various vulnerabilities in Your web server, network server, personal computer or other internet-connected device ("Computer Systems").  While the detailed post scan remediation reports contain fix steps and links to solutions if vulnerabilities are detected on Your Computer Systems, the Services does not, and is not intended to, fix, remedy, prevent, or eliminate such vulnerabilities or other insecurities.  You are solely and ultimately responsible for securing and protecting Your Computer Systems.
(b)	Security Alert Service.  As part of the Services, Trend Micro will notify You in the event Trend Micro learns, has discovered or determines that the applicable Sites contain certain vulnerabilities or have been compromised or end users who have visited the Site(s) have been infected or warned of infection.
(c)	Scan Service.  Upon subscribing to the Services, You will, depending on the subscription service package purchased or selected by You, receive an automatic, ad hoc, daily, weekly, monthly or quarterly comprehensive vulnerability scans of an IP address or IP addresses provided to Trend Micro for scanning purposes.  Trend Micro will also provide scans that may be useful to to You for compliance with PCI security standards.  Trend Micro will determine the type of scans and which vulnerabilities and attacks to test for, and You may not customize this scan.  Trial subscribers or users shall be entitled to a single vulnerability scan on only one IP address during the Evaluation Period.
(d)	SecureSite Trust Mark.  If Your IP address passes the requisite Trend Micro comprehensive vulnerability scan, Trend Micro will grant a license to You and You may, at Your option, display the Trend Micro SecureSite trust mark on the website associated with such IP address for a period of 24 hours from the time of the scan.
If the IP address fails the scan, You will be given scheduled scan attempts (or 72 hours) to remedy the problem from the time of the first failed test.  During this time, You may continue displaying the trust mark on the website.  If the problem is not remedied within this 72-hour period, You may not display the trust mark and Trend Micro may deactivate or remove the trust mark automatically without further notice.  You acknowledge Trend Micro’s right or option to remove or deactivate the trust mark in the event of violation of any of the material terms of this Agreement.  Moreover, You agree to cease and desist use of the trust mark in any manner.
(e)  	Service Packages. The Services range from a single vulnerability scan on only one IP address for trial subscribers/users to ad hoc, daily, weekly, monthly or quarterly scans on multiple IPs for paid subscribers/users.  As part of the Services, Trend Micro will only perform the number of scans on the number of IPs as set forth in Your subscription service package. The various service packages currently available are described on the Trend Micro website located at www.TrendMicro.com.
(f)	Changes in Services.  You acknowledge and agree that Trend Micro may, in its sole and absolute discretion, modify or remove the Services as necessary.  Scans, verification, and authentications performed by the Services may also be modified, removed, or updated by Trend Micro at any time without notice.
2.  Applicable Terms. Paid Subscription Licenses:  If You have purchased subscription rights to use the Services, Sections 1, 2 and 4-17 apply to You.  Trial Subscription Licenses:  If You have not purchased rights to Services and are using the Services for trial or evaluation purposes, You are a “trial subscriber” and Sections 1, 2, 3, 5-9 and 11-17 of this Agreement apply.
3.  Trial Subscription License. If You are a trial subscriber, the Evaluation Period begins on the date You accept this Agreement and ends thirty (30) days later or such other date as specified by Trend Micro, unless otherwise terminated earlier by Trend Micro. During the Evaluation Period, You may be entitled to web or email based technical support in the country where You are located.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TREND MICRO SERVICES AND RELATED DOCUMENTATION USED FOR TRIAL OR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. Your right to use the Services ends when the Evaluation Period ends or if You violate any term of this Agreement. Trend Micro also reserves the right to terminate any Evaluation Period with or without cause with fifteen (15) days’ prior written notice.  Upon termination of the Evaluation Period, Trend Micro will halt Your access to and use of the Services and You agree to delete or destroy all copies of the documentation provided, and You agree to stop using the Services. Your obligations and rights under Sections 5, 6, 9-14 and 17 will continue to apply after the end of the Evaluation Period.
4.  Paid Subscription License.  If You are a paid subscriber, subject to the conditions set forth in Section 5 below and during the Subscription Term only, Trend Micro will provide You with, and You may use, the Services.  You must initiate Services to receive them, and You must initiate them promptly to receive Services for the full Subscription Term.
5.  Conditions of Use.  As a condition of using and receiving the Services and by accepting this Agreement:

(i) 	You authorize Trend Micro to scan, assess, and monitor the Sites;
(ii)	You represent and warrant that You are legally permitted and authorized to permit Trend Micro to scan, assess, and monitor the Sites and perform the Services with respect to those Sites;
(iii) 	You agree that You , not Trend Micro, are responsible for deciding if and how to use the Services and how to address any security concerns or issues disclosed in the remediation reports or the alerts provided by Trend Micro;
(iv)	You agree not to use the Services to provide services to third parties,
(v)	You consent to Trend Micro’s use and disclosure of the test and assessment results of the scans performed for You only as necessary to comply with its obligations and requirements under the PCI Approved Scanning Vendor Compliance Test Program; and
(vi) 	You represent that You will otherwise use the Services only in a legal manner and in compliance with applicable laws, including but not limited to, any privacy and data protection statutes, computer and electronic data fraud and abuse laws , as applicable.

In the event of any breach of the representations and warranties in this Section, Trend Micro may, with prior notice and without prejudice to its other rights, suspend the access to the Services until You can show to Trend Micro's satisfaction that any such breach has been cured.
6.  Your Obligations.
(a)  Contacts. You must appoint a primary and secondary contact (“Authorized Contacts”) to act as points of contact with Trend Micro for technical support and other Services-related purposes.    Authorized Contacts should have the appropriate knowledge and expertise to help Trend Micro provide You with the Services.  You are responsible for providing Trend Micro with up-to-date, accurate contact information for Authorized Contacts.
(b)  Feedback.  In order to help Trend Micro to improve the Services, You agree to provide Trend Micro periodically and upon request with concrete and detailed feedback, comments or suggestions about the nature and quality of the Services and specific features of the Services.  Trend Micro may request such feedback in oral or written form.
(c)  Use of Trend Micro SecureSite Trust Mark and other Trend Micro trademarks. Except as expressly authorized in this Agreement, any use, modification, reproduction, display or redistribution of the Trend Micro SecureSite trust mark or any other Trend Micro trademark is expressly prohibited.  Trend Micro reserves the right to terminate or modify Your license to reproduce and display the trust mark at any time and to take action against its use that (i) does not conform to the terms and conditions set forth in this Agreement, (ii) infringes any Trend Micro intellectual property or other right, or (iii) violates any applicable law.
7.  Trend Micro Obligations.  In consideration of the subscription fees paid, Trend Micro shall provide the Services in a professional manner.  Trend Micro will use reasonable efforts to keep all contents of remediation reports and the alert service secure and confidential.  Trend Micro will provide Authorized Contacts with web and email based technical support Monday through Friday during regular business hours.
8.  Ownership. Trend Micro owns all right, title and interest in and to the Services, and all intellectual property rights therein to enter into this Agreement.  To the extent legally permissible, You will not, directly or indirectly, sublicense, lease, loan, auction, decompile, disassemble or reverse engineer the service components, or authorize others to do any of the foregoing.  Trend Micro reserves the right to suspend the Services or take other reasonable steps to prevent unauthorized access to, and use of, the Services, including in the event of any breach of any obligation or representation by You described in Sections 5 and 6 above.
9.  Nondisclosure.  During the term of this Agreement, each party may be exposed to certain information not generally known to the public that the other party considers and treats or is required to treat as confidential and proprietary (“Confidential Information”).  Confidential Information shall be either: (i) marked or otherwise identified as “confidential” or “proprietary” at the time of, or prior to, disclosure or (ii) due to its character or nature, a reasonable person in a like position and under like circumstances as the parties would treat it as secret and confidential.  Not withstanding the foregoing, the parties agree that passwords and activation codes are Confidential Information under this Agreement. During the Subscription Term of this Agreement and at all times after its termination, each party agrees (i) to hold the Confidential Information in confidence; (ii) not to disclose Confidential Information to any third parties, except for employees and independent contractors who have a “need to know” and who have signed agreements containing disclosure and use restrictions no less stringent than those set forth herein; and (iii) not to use any Confidential Information for any purpose except as required to perform under this Agreement.  Confidential Information shall not include (or shall cease to include) information that (i) is or becomes generally known to the public; (ii) was rightfully known to the receiving party prior to its receipt from the disclosing party; (iii) is rightfully furnished to the receiving party by a third party without restriction as to use or disclosure; (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information; or (v) is disclosed with the prior written consent of the disclosing party. Nothing in this provision shall prohibit either party from disclosing Confidential Information to the extent required by law provided that the disclosing party gives the other party prior notice unless prohibited by law.
10.  Limited Warranty. Trend Micro warrants that it has the right to enter into this Agreement, that it will provide the Services under this Agreement in a professional manner with reasonable skill and care (“Service Warranty”).  SUBJECT TO THE FOREGOING, THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT.  TREND MICRO EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO THE PERFORMANCE, QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SERVICES HEREUNDER.
11. No Other Warranties.  GIVEN THE NATURE AND VOLUME OF MALICIOUS AND UNWANTED ELECTRONIC CONTENT, NEITHER TREND MICRO NOR ITS RESELLERS OR SUPPLIERS WARRANT THAT THE SERVICES ARE ERROR FREE OR WILL DETECT ONLY OR ALL SECURITY OR MALICIOUS CODE THREATS OR VULNERABILITIES IN A WEBSITE.
12.  Exclusive Remedies.  If the Services do not conform to the Limited Warranty in Section 10 above, Trend Micro’s entire liability and Your sole remedy shall be, at Trend Micro’s option, for Trend Micro to re-provide the Services; provided that You notify Trend Micro of Your claim under the Limited Warranty within the warranty period.
13.  LIMITATION OF LIABILITY.  BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL TREND MICRO OR ITS SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST OR CORRUPTED DATA, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR OTHER ECONOMIC LOSS AND LOSS OF PROGRAMS OR INFORMATION) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, DOCUMENTATION OR ANY INFORMATION PROVIDED IN OR COLLECTED BY THE SERVICES, 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.  YOU ASSUME ALL RISK ARISING OUT OF USE OF THE SERVICES.  YOU EXPRESSLY AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION, AND ACKNOWLEDGES THAT WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS, THE FEES CHARGED FOR THE SERVICES WOULD BE HIGHER.  TREND MICRO’S AND SUPPLIERS’ MAXIMUM LIABILITY TO YOU ARISING FROM OR RELATING TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT PAID OR PAYABLE BY YOU TO TREND MICRO, ITS DISTRIBUTORS OR SUPPLIERS FOR USE OF THE SERVICES FOR ONE YEAR.
14.  Indemnification.   You shall defend, indemnify, and hold harmless Trend Micro from and against any and all third party claims, demands, deficiencies, losses, damages, costs (including reasonable attorney’s fees), expenses, suits, fines, penalties and legal liability, connected with, arising out of, or resulting from any (1) inaccuracy or breach of any representation, warranty or agreement made herein by You or Your representatives; and (2) breach or failure to perform any of the covenants or obligations made herein by You and Your  representatives.
15.  Term and Termination.
(a)  Term.  If You are a trial subscriber, this Agreement shall commence from the date You accept this Agreement and terminates upon the expiration of the Evaluation Period.  If You are a paid subscriber, the term of this Agreement will commence from the date You accept this Agreement and remain in force for a period of one (1) year or such other time period, as stated on a purchase order, order confirmation or License Certificate ( the “Subscription Term”) and, subject to Your payment of the applicable annual fees, shall automatically renew for successive one-year periods at the then current list price for the Services unless terminated by either party upon 30 days prior written notice of non-renewal.
(b)  Termination. Either party may terminate this Agreement at any time upon thirty (30) days prior written notice if the other party is in breach of any material provision of this Agreement, if such breach is not cured within such thirty (30) day period. This Agreement shall terminate automatically with no further action by either party if:  (i) when a party is an individual, a sequestration order is made in respect of that individual’s personal estate; (ii) a resolution is passed or court order made for the winding up of that party; or (iii) a receiver or receiver and manager, is appointed to the whole or any part of the assets or undertaking of either party, or a party enters into or resolves to enter into a scheme of arrangement, deed of You arrangement or composition or makes a general assignment for the benefit of all or any class of its creditors; or it proposes a re organisation, moratorium or other administration involving any of them; or (iv)  You are unable to pay Your obligations under this Agreement as and when they fall due or You are deemed unable to pay Your obligations.  Trend Micro is not liable for any damages that may result from termination carried out in accordance with this Agreement in the event You fail to pay Your obligations.
(c)  Effect of Termination. Upon termination of this Agreement because of a breach by You, Trend Micro’s obligation to provide You access to and use of the Services shall immediately cease.  Upon termination, You shall destroy or return any material containing Trend Micro’s intellectual property or information proprietary to Trend Micro.  Sections 5, 6, 9-14 and 17 shall survive the termination of this Agreement.  If your subscription is terminated prior to the expiration of any term for any reason, whether voluntary or involuntary, Trend Micro will not refund any monies, whether user or unused, paid by you in accordance with this Agreement.
16.   Fees.   Unless specifically waived by Trend Micro, its distributors or suppliers, annual license fees for the Services, including taxes as applicable, are payable in advance and are non-refundable.  Fees, including applicable taxes, for all subsequent one-year renewal terms shall be due on or before the anniversary date of the Agreement.   You agree to pay all fees due whether or not You use the Services or display the trust mark after approval.  You further agree that Trend Micro may revise its fees at any time.
17.  General.
(a)  Assignment.  Trend Micro may assign or subcontract some or all of its support service obligations under this Agreement to qualified third parties, provided that no such assignment or subcontract shall relieve Trend Micro of its obligations under this Agreement.  You shall not sell, transfer, or assign this Agreement without the prior written consent of Trend Micro.  Any act in derogation of the foregoing shall be null and void.
(b)  Waiver/Severability.  The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
(c)  Governing Law/Trend Micro Licensing Entity.
North America:  If You are located in the United States or Canada, the Licensor is: Trend Micro Incorporated, 10101 N. De Anza Blvd., Cupertino, CA 95014. Fax:  (408) 257-2003 and this Agreement is governed by the laws of the State of California, USA.

Europe, Middle East and Africa:  If You are located in the United Kingdom, the Licensor is: Trend Micro (UK) Limited, Pacific House, Third Avenue, Globe Business Park, Marlow, Buckinghamshire, SL1 7YL.  Fax: +44(0) 1628 400511 and this Agreement is governed by the laws of England and Wales. If You are located in Austria, Germany or Switzerland, this Agreement is governed by the laws of the Federal Republic of Germany and the Licensor is: Trend Micro Deutschland GmbH, Lise-Meitner-Strasse 4, D-85716 Unterschleissheim, Germany. Phone: +49 (0) 89 37479 700. Fax: +49 (0) 89 37479 799. If You are located in France, this Agreement is governed by the laws of France and the Licensor is: Trend Micro France, Société Anonyme à Conseil d’Administration with a share capital of €45.000, registered with the Trade and Companies Register of Nanterre under number B 411.389.968, whose registered place of business is located at 85, Avenue Albert 1er, 92500 Rueil Malmaison, represented by Monsieur Raimund Genes, as Président du Conseil d'Administration. If You are located in Italy, this Agreement is governed by the laws of Italy and the Licensor is:  Trend Micro Italy Srl, via Donat Cattin 5, Cernusco sul Naviglio (MI). Fax:  039 02.92593451.

If You are located in Africa or the Middle East (other than in those countries embargoed by the U.S.), or Europe (other than Austria, France, Germany, Italy, Switzerland or the U.K.), the Licensor is: Trend Micro EMEA Limited, a company incorporated in Ireland under number 364963 and having its registered office at IDA Business and Technology Park, Model Farm Road, Cork, Ireland.  Fax: +353-21 730 7 ext. 373 and this Agreement is governed by the laws of the Republic of Ireland.

EFFECTIVE AS OF JANUARY 1, 2009, IF YOU ARE LOCATED IN EUROPE, THE LICENSOR IS: TREND MICRO EMEA LIMITED, A COMPANY INCORPORATED IN IRELAND UNDER NUMBER 364963 AND HAVING ITS REGISTERED OFFICE AT IDA BUSINESS AND TECHNOLOGY PARK, MODEL FARM ROAD, CORK, IRELAND.  FAX: +353-21 730 7 EXT. 373 AND FOR ENTITY LICENSES ONLY, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE REPUBLIC OF IRELAND.

Asia Pacific (other than Japan):  If You are located in Australia or New Zealand, the Licensor is: Trend Micro Australia Pty Limited, Suite 302, Level 3, 2-4 Lyon Park Road, North Ryde, New South Wales, 2113, Australia, Fax: +612 9887 2511 and this Agreement is governed by the laws of New South Wales, Australia.

If You are located in Hong Kong, India, Indonesia, Malaysia, the Philippines, Singapore or Thailand, the Licensor is: Trend Taiwan Incorporated, 8F, No.198, Tun-Hwa S. Road, Sec. 2, Taipei 106, Taiwan, Republic of China. If You are located in Hong Kong, this Agreement is governed by the laws of Hong Kong. If You are located in India, this Agreement is governed by the laws of India. If You are located in Indonesia, Malaysia, the Philippines, Singapore, or Thailand, this Agreement is governed by the laws of Singapore.

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 do not apply to this Agreement under the laws of any country.
(d)  Force Majeure.  Neither party shall be held liable for failure to fulfill its obligations under this Agreement, if the failure is caused by flood, extreme weather, fire, or other natural calamity, acts of a governmental agency, acts of terrorism or war, or similar causes beyond the control of such party, and the term for performance shall be increased to a reasonable period of time.
(e)  Dispute Resolution.  Prior to commencing any litigation, the parties agree to seek an amicable settlement of any disputes or claims, provided that either party may commence litigation at any time to avoid prejudice to any rights.
(f)  Notices.  All notices and demands hereunder shall be in writing and shall be served on the parties at their respective addresses set forth at the bottom of this Agreement.  All notices or demands by mail shall be sent by registered mail, return receipt requested, or by nationally-recognized private express courier, and shall be deemed given upon receipt.
(g)  Amendment.  Trend Micro reserves the right to change the terms and conditions, including fees, applicable to the Services from time to time.  Your use of the Services after such a change will be deemed full and adequate acceptance of the modified terms.  Trend Micro also reserves the right to modify, discontinue or make temporarily unavailable the Services.  Any new or modified features of the Services, unless explicitly stated otherwise, are subject to these terms and conditions.
(h)  Entire Agreement.  This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral, including the terms and conditions of Your purchase order for the Services provided herein which shall not be binding.

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