24
24
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 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 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.
