Common use of Applicable Agreement Clause in Contracts

Applicable Agreement. When installing the Software or initiating a Service, You may be prompted to accept the same or another version of, or a third party, end user license agreement. The first version of a “Trend Micro License Agreement” You validly accept shall take precedence notwithstanding the terms contained in any other end user license agreement You may have been prompted to accept – unless the Software or Services are subject to an existing written contract or agreement signed by Trend Micro, in which case, the signed contract shall take precedence. Updates made available to You will be subject to the terms of this Agreement. Updates will replace previously licensed parts of the Software or Services. Some Major and Minor Product Updates may also require You to accept additional or different license terms as a condition of use. Otherwise, this Agreement and Trend Micro’s written specifications regarding Maintenance and licensed number of Computers, Virtual Machines or Users, as applicable, will supersede any prior or contemporaneous written or oral agreements, representations or understandings. Modifications to this Agreement must be agreed to in writing by Trend Micro.

Applicable Agreement. When installing the Software or initiating a Service, You may be prompted to accept the same or another version of, or a third party, end user license agreement. The first version terms of a “the Trend Micro License Agreement” You validly accept Agreement accepted by the authorized Government Customer contracting officer and incorporated into the GSA Schedule contract between the Government Customer government and the applicable authorized Trend Micro reseller or distributor shall take precedence notwithstanding the terms contained in any other end user license agreement You may have been prompted to accept – unless the Software or Services are subject to an existing written contract or agreement signed by Trend Micro, in which case, the signed contract shall take precedenceaccept. Updates made available to You will be subject to the terms of this Agreement. Updates will replace previously licensed parts of the Software or Services. Some Major and Minor Product Updates may also require You to accept additional or different license terms as a condition of use; such additional terms are subject to Your agreement. Otherwise, this Agreement and Trend Micro’s written specifications regarding Maintenance and licensed number of Computers, Virtual Machines or Users, as applicable, will supersede any prior or contemporaneous written or oral agreements, representations or understandings. Modifications to this Agreement must be agreed to in writing by Trend Micro.