(Worldwide except for Europe, Africa and Middle East)
Tablet Driver Software
End User License Agreement
This End User License Agreement (this “Agreement”) is between you (both the individual installing the Software and any single legal entity on behalf of which such individual is acting) (“You” or “Your”) and Wacom Co. Ltd, 2-510-1 Toyonodai, Kazo-shi, Saitama 349-1148, Japan (“Wacom”).
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BUTTON OR USING OR INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT HAVE THE RIGHT TO USE OR ACCESS THE SOFTWARE.
1. Definitions
1.1 “Documentation” means the user guides and manuals for installation and use of the Software.
1.2 “Product” means the Wacom Tablet hardware, with which the Software has been provided to You.
1.3 “Software” means the Tablet Driver software and Documentation provided to You with the Product, and any updates to either of the foregoing provided by Wacom to You under this Agreement.
2. Software license
2.1 Limited License. Subject to the terms and conditions of this Agreement, Wacom hereby grants to You a limited, non-exclusive license to: (a) use and install a single copy of the Software, in machine readable form only, on a single computer or other similar device, solely in conjunction with the Product; (b) use the Documentation provided with the Software in support of Your authorized use of the Software; and (c) to make a single back-up copy of the Software, to be used solely for back-up purposes, provided that all trademark, copyright and other proprietary and restricted rights notices, legends and symbols included in the original version of the Software are reproduced on such back-up copy.
2.2 Restrictions. You will not copy or use the Software (including the Documentation) except as expressly permitted by this Agreement. You will not modify, translate, distribute, create derivative works based on, pledge, relicense, sublicense, loan, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use. You will not, and will not permit any third party to, reverse engineer, disassemble or decompile the Software, or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Software, except to the extent expressly permitted by applicable law. You will not use the Software as a stand-alone software or in conjunction with third party products, but may be used only in conjunction with the Product. You will not remove or alter any trademark, copyright or other proprietary and restricted rights notices, legends and symbols appearing in or on the Software.
2.3 No Assignment; One Time Transfer. You will not transfer, assign or delegate any of Your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Wacom, which shall not be unreasonably withheld. However, You may make a one-time permanent transfer of all of Your rights under this Agreement to another party in conjunction with Your transfer of the Product if all of the following conditions have been met: (a) the transfer includes all components and parts of the Product, all printed materials, any other warranties applicable to the Product, and all of Your rights and obligations under this Agreement, (b) You do not retain any copies of the Software on any media or computer, and (c) the party receiving the Software reads, understands and agrees to accept the terms of this Agreement. Any transfer, assignment or delegation of any of Your rights or obligations under this Agreement in violation of this paragraph is void and of no effect.
2.4 Ownership. Wacom and its licensors will retain all right, title and interest in and to the Software, including all patent, copyright, trademark, trade secret and any other intellectual property or industrial rights in and to the Software, and any improvements, updates and derivative works thereof. Wacom reserves all rights and interests in and to the Software. You do not acquire any other rights, express or implied, in the Software other than those rights expressly granted under this Agreement.
2.5 No Support. Wacom has no obligation to provide technical support, maintenance, upgrades, modifications or new releases under this Agreement.
3. Warranties and Remedies
3.1 Limited Warranties. Wacom warrants that the Software, when used in accordance with the Documentation and the terms and conditions of this Agreement, will materially perform in accordance with the Documentation for a period of ninety (90) days from the date the Software is first installed or activated by You (“Warranty Period”). In the event that the Software does not comply with the foregoing warranty during such Warranty Period, then Wacom shall make commercially reasonable efforts to correct such non-compliance by repairing or replacing the Software at no additional charge to You. The Software is not fault tolerant and is not designed, permitted or intended for uses related to high risk activities. No Oral or written information or advice provided by Wacom, its agents or any distributors or retailers of the Product will create any warranty or in any way increase the scope of the warranties expressly provided by Wacom under this Agreement. This paragraph states the entire liability and obligation of Wacom, and Your sole and exclusive remedy in the event that the Software does not comply with the foregoing warranty. Wacom does not warrant that: (a) the Software will meet Your requirements, (b) the Software will be compatible with or operate on the computer or other device on which You install it, or (c) defects in the Software will be corrected, or that the operation of the Software will be uninterrupted or error-free. This Agreement contains no warranties from Wacom for the Products, which are subject to Wacom’s standard hardware warranty (if any) applicable thereto. Wacom will have no warranty obligations under this paragraph if such non-compliance is caused by unauthorized use of the Software, abuse, misuse, alteration, neglect or accidental damage of the Software or any repair or modification of the Software not performed by Wacom. Replacement or repair of Software does not extend its warranty period beyond the original Warranty Period.
3.2 Disclaimers. Other than for the express warranties contained in this Agreement, WACOM MAKES NO, AND HEREBY DISCLAIMS ALL, OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WACOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS , AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IF YOU ARE A CONSUMER (A USER OF THE SOFTWARE FOR PERSONAL PURPOSES AND NOT FOR BUSINESS, TRADE OR PROFESSIONAL PURPOSES), THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU BASED ON THE APPLICABLE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.
4. Termination
This Agreement is effective until terminated. Additionally, Your rights and licenses under this Agreement will automatically terminate and cease to be effective, without any notice or action by Wacom, in the event that You fail to comply with any terms of this Agreement. Upon termination of this Agreement, You will cease all use of the Software and permanently delete and make unrecoverable the Software (including Your back-up copy and all Documentation) from Your computer or similar device on which it was installed. Upon any termination of this Agreement, Sections 1, 2.2, 2.4, 3.2, 4 and 5 will survive.
5. General Terms
5.1 Law. This Agreement and all matters arising out of or relating to this Agreement will be governed by the internal laws of Japan without giving effect to any choice of law rule. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement, such controversy, claim or dispute may be tried solely in the Tokyo District Court, located in Japan, and Wacom and You each hereby irrevocably consent to the jurisdiction and venue of such court.
5.2 Limitation of Liability. In no event will either party be liable for any and all indirect, incidental, special, consequential or punitive damages, or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages or if such damages are foreseeable. The parties acknowledge that the limitations of liability in this Section 5.2 and in the other provisions of this Agreement and the allocation of risk herein are an essential element of the bargain between the parties, without which Wacom would not have entered into this Agreement. Wacom’s pricing of the Products reflects this allocation of risk and the limitation of liability specified herein. Wacom’s liability under this Agreement or in any way related to the Software shall not exceed the amounts actually paid by you for the Product. You are required to keep the invoice or any other documents which prove the amount you actually paid for the Product. Notwithstanding the above, nothing in this Agreement limits Wacom’s liability to You to the extent arising out of any willful or grossly negligent misconduct on the part of Wacom.
5.3 Severability. If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision will be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect.
5.4 Compliance with Laws. You will comply fully with all applicable laws and regulations, including export laws and local laws of the country or region in which You reside or use the Software. Without limiting the generality of the foregoing, You will not, and You will require Your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the applicable law.
5.5 Entire Agreement; General. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and Wacom. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The waiver by either party of any default or breach of this Agreement may only be made in writing and will not constitute a waiver of any other or subsequent default or breach.
BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THIS AGREEMENT, (3) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, (4) BY SO CLICKING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.
(Europe, Middle East and Africa)
2.2 Restrictions. You will not copy or use the Software (including the Documentation) except as expressly permitted by this Agreement, or for disaster recovery, program error verification, and back-up purposes. You will not modify, translate, distribute, create derivative works based on, pledge, relicense, sublicense, loan, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use. You will not, and will not permit any third party to, reverse engineer, disassemble or decompile the Software, or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Software, except as and to the extent expressly permitted by applicable law despite this restriction. You will not use the Software as a stand-alone software or in conjunction with third party products, but may be used only in conjunction with the Product. You will not remove or alter any trademark, copyright or other proprietary and restricted rights notices, legends and symbols appearing in or on the Software.
2.3 No Assignment; One Time Transfer. You will not transfer, assign or delegate any of Your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Wacom, which shall not be unreasonably withheld. However, You may make a one-time permanent transfer of all of Your rights under this Agreement to another party in connection with Your transfer of the Product if all of the following conditions have been met: (a) the transfer includes all components and parts of the Product, all printed materials, any other warranties applicable to the Product, and all of Your rights and obligations under this Agreement, (b) You do not retain any copies of the Software on any media or computer, and (c) the party receiving the Software reads, understands and agrees to accept the terms of this Agreement. Any transfer, assignment or delegation of any of Your rights or obligations under this Agreement in violation of this paragraph is void and of no effect.
3.1 Limited Warranties. Wacom warrants that the Software, when used in accordance with the Documentation and the terms and conditions of this Agreement, will materially perform in accordance with the Documentation for a period of two (2) years from the date the Software is first installed or activated by You (“Warranty Period”) In the event that the Software does not comply with the foregoing warranty during such Warranty Period, then Wacom shall correct such non-compliance by repairing or replacing the Software at no additional charge to You. If repairing or replacing the Software is impossible or disproportionate, or cannot be completed within reasonable time or inconvenience, You shall be entitled to either require appropriate reduction of any fees paid or have the Agreement rescinded. The Software is not fault tolerant and is not designed, permitted or intended for uses related to high risk activities. No Oral or written information or advice provided by Wacom, its agents or any distributors or retailers of the Product will create any warranty or in any way increase the scope of the warranties expressly provided by Wacom under this Agreement. This paragraph states the entire liability and obligation of Wacom, and Your sole and exclusive remedy in the event that the Software does not comply with the foregoing warranty. Wacom does not warrant that: (a) the Software will meet Your requirements, (b) the Software will be compatible with or operate on the computer or other device on which You install it, or (c) defects in the Software will be corrected, or that the operation of the Software will be uninterrupted or error-free. This Agreement contains no warranties from Wacom for the hardware components of the Products, which are subject to Wacom’s standard hardware warranty (if any) applicable thereto. Wacom will have no warranty obligations under paragraph if such non-compliance is caused by unauthorized use of the Software, abuse, misuse, alteration, neglect or accidental damage of the Software or any repair or modification of the Software not performed by Wacom. Replacement or repair of Software does not extend its warranty period beyond the original Warranty Period.
3.2 Disclaimers. Other than for the express warranties contained in this Agreement, WACOM MAKES NO, AND HEREBY DISCLAIMS ALL, OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WACOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IF YOU ARE A CONSUMER (A USER OF THE SOFTWARE FOR PERSONAL PURPOSES AND NOT FOR BUSINESS, TRADE OR PROFESSIONAL PURPOSES), THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU BASED ON THE APPLICABLE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE..
5.1 Law. This Agreement and all matters arising out of or relating to this Agreement will be governed by the internal laws of Japan without giving effect to any choice of law rule. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement, such controversy, claim or dispute may be tried solely in the Tokyo District Court, located in Japan, and Wacom and You each hereby irrevocably consent to the jurisdiction and venue of such courts.
5.2 Limitation of Liability. In no event will either party be liable for any indirect, incidental, special, consequential or punitive damages, or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages or if such damages are foreseeable. In no event will Wacom’s liability for damages hereunder exceed the amounts actually paid by You for the Product. The parties acknowledge that the limitations of liability in this Section 5.2 and in the other provisions of this Agreement and the allocation of risk herein are an essential element of the bargain between the parties, without which Wacom would not h...
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