19
19
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.
