Product Datasheet/Brochure

3
3
LICENSE AND WARRANTIES
TABLET DRIVER SOFTWARE END USER LICENSE
AGREEMENT
(WORLDWIDE EXCEPT FOR EUROPE, AFRICA AND MIDDLE EAST)
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) 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; it 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.