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<br />Agreement Terms and Conditions <br />In consideration of Company's payment of the <br />applicable Priority Support Agreement fees, Trend <br />Micro agrees to provide Company with the applicable <br />services set forth in this Agreement. <br /> <br />1. Definitions. <br /> <br />(a) "Confidential Information" means all data and <br />information of a confidential nature, including, but not <br />limited to trade secrets and any information related to <br />the parties' business or intangible property. Data and <br />information shall be considered to be Confidential <br />Information if (i) it is designated as such by the <br />disclosing party orally, in writing, or in any other form <br />before the disclosure, or (ii) if, due to its character or <br />nature, a reasonable person in a like position and under <br />like circumstances as the parties would treat it as secret <br />and confidential. <br /> <br />(b) "Incident" means a technical problem with, or <br />question about, the operation or use of a Trend Product <br />(i) which cannot be broken down into subordinate <br />problems or questions and (ii) for which answers are <br />available in the Software documentation (including <br />release notes or in Trend Micro's online knowledge <br />database) or have been previously provided by Trend <br />Micro to Company. Virus cases or Service Requests <br />submitted only via PSP Online that relate to problems <br />or errors in a Trend Product are covered under this <br />Agreement but do not count as Incidences. <br /> <br />(c) "License Agreement" means the license <br />agreement(s) that must be in effect between Trend <br />Micro and Company (including the Trend Micro <br />shrink-wrap or click-wrap agreement) authorizing <br />Company to use certain Trend Product( s) for a <br />maximum number of Users or Computers. If the <br />License Agreement between Company and Trend <br />Micro terminates for any reason, then this Agreement <br />will terminate automatically without notice. <br /> <br />(d) "Major Virus Outbreak" means a process in <br />which Trend Micro determines that a virus infection <br />has propagated in a region to an extent where Trend <br />Micro will declare a Virus Alert depending on severity <br />of the outbreak. Determination and severity of the <br />alert is made at Trend Micro's sole discretion. <br /> <br />(e) "Pattern File Updates" means final release <br />versions of new virus protection databases for Trend <br />Products released by Trend Micro during the term of <br /> <br />CONFIDENTIAL <br /> <br />any License or Maintenance Agreement. Virus <br />protection databases or pattern files contain detection <br />routines designed to identify and block new known <br />computer viruses. A Pattern File Update is also known <br />as an Official Pattern Release. <br /> <br />(!) "Product Updates" means new versions of the <br />Trend Products (excluding new or other products, as <br />reasonably determined by Trend Micro) that contain <br />bug fixes and/or product enhancements released by <br />Trend Micro during the term of any License or <br />Maintenance Agreement. <br /> <br />(g) "Maintenance Agreement" means an agreement in <br />effect between Trend Micro and Company after the <br />first year of any License Agreement, authorizing <br />Company to receive Pattern File Updates, telephone <br />technical support, and access to antivirus researchers at <br />TrendLabs (collectively "Maintenance"). Fees for <br />standard Maintenance are in addition to fees for the <br />support services set forth in this Agreement. If the <br />Maintenance Agreement between Company and Trend <br />Micro terminates for any reason, then this Agreement <br />will terminate automatically without notice. <br /> <br />(b) "Service Request" means a technical problem <br />with, or question about; the operation or use of a Trend <br />Product or a virus issue. Priority and Priority <br />Advantage Support customers may make Service <br />Requests online via the PSP Online submission tool <br />(Online Service Request"). Additionally, Priority <br />Advantage Support customers may make Service <br />Requests via telephone to the Premium Dispatch <br />Center ("Telephone Service Request"). Priority <br />Advantage Support customers are entitled to ten (10) <br />Telephone Service Requests, and have the option of <br />purchasing additional Telephone Service Requests, <br />which available in groups of five (5) for an additional <br />fee. <br /> <br />(i) "Trend Product(s)" means the Trend Micro <br />software licensed to Company and for which <br />Maintenance fees are current. <br /> <br />2. TAM Support. <br /> <br />(a) 24x7 Telephone and Online Support. Priority <br />Advantage Support customers may reach TAMs <br />twenty (24) hours a day, seven (7) days a week via <br />Trend Micro's toll-free Premium Dispatch Center, at <br />(888) 60-TREND or (888) 608-7363, typically with a <br />one (1) hour response time. Each time the Company <br />calls a TAM for a Service Request and opens a case the <br /> <br />2 <br />