Specification Sheet

5
5
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
NONINFRINGEMENT, 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 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 have entered into this
Agreement. Wacom's pricing of the Products reflects this allocation of risk and the
limitation of liability specified herein. Notwithstanding the above, nothing in this
Agreement limits Wacom's liability to You in the event of: (i) death or personal injury
to the extent resulting directly from Wacom's negligence or that of its employees or
agents; or (ii) any fraudulent act or omission of Wacom or that of its employees or
agents; or (iii) 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 enforced to the extent possible consistent
with the stated intention of the parties, or, if incapable of such enforcement, will
be deemed to 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.
LIMITED WARRANTY
(U.S.A. AND CANADA)
WHO MAY USE THIS WARRANTY?
Wacom Co., Ltd. ("Wacom") ,extends this limited warranty to the original consumer
purchase of products. It does not extend to any subsequent owner or other transferee
of the product.
WHAT DOES THIS WARRANTY COVER?
This limited warranty covers defects in materials and workmanship of the products,
except for excluded products described below, for a period of one (1) year, from the
date of original retail purchase (‘Warranty Period’), as evidenced by a copy of the receipt
and registration with Wacom within 30 days of purchase.
WHAT IS EXCLUDED FROM THIS WARRANTY?
Software and consumable items such as the battery, pen cartridges, tablet surface
sheet and nibs are excluded from this limited warranty. Wacom shall have no
responsibility to repair or replace the product if the failure of the product has resulted
from accident, abuse, misuse, negligence, or unauthorized modification or repair,
or if it has been handled or stored other than in accordance with Wacom's storage
instructions.
WHAT ARE THE REMEDIES UNDER THIS WARRANTY?
Wacom's sole obligation and entire liability under this warranty shall be, at Wacom's
option, either the repair or replacement of the defective product or parts thereof of
which Wacom is notified during the Warranty Period; provided, however, that you are
responsible for (i) the cost of transportation of the product to the designated service
location and (ii) any loss or damage to the product resulting from such transportation.
Wacom will pay for return shipping by United Parcel Service or by an equivalent service
as chosen by Wacom.
HOW CAN YOU OBTAIN WARRANTY SERVICES?
Upon discovery of a defect in the Intuos product within the Warranty Period, you should
contact Wacom Technical Support via telephone, email, or fax to obtain an RMA (Return
Merchandise Authorization) number and instructions for shipping the product to a
service location designated by Wacom. To obtain warranty service within the U.S. or
Canada contact:
Wacom Customer Care Center
Phone: [phone]
Email Inquiry form: www.wacom.com
You should send the product, shipping charges prepaid, to the designated service
location, accompanied by the RMA number, your name, address and telephone number,
proof of purchase date, and a description of the defect.
DISCLAIMER; LIMITATION OF LIABILITY
Any descriptions, drawings, specifications, samples, models, bulletins, or similar
material, used in connection with the sale of the product, shall not be construed as an
express warranty that the product will conform or comply with your requirements.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THERE ARE NO
OTHER WARRANTIES MADE BY WACOM ON ANY COVERED PRODUCT. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WACOM, ITS DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT
RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE. WACOM LIMITS THE DURATION OF ANY LEGALLY
IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF WACOM'S
EXPRESS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. NEITHER WACOM NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR
ANY DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
SUCH PRODUCT, EVEN IF WACOM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
In the event that any of the above limitations are held unenforceable, Wacom's liability
for any damages to you or any party shall not exceed the purchase price you paid,
regardless of the form of any claim.
This Limited Warranty is governed by the laws of the United States of America and the
state of Oregon.
This Limited Warranty is valid for and only applies to products purchased and used
inside the United States (and its territories or possessions) or Canada.