6
6
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.
TABLET DRIVER SOFTWARE END USER LICENSE
AGREEMENT
(EUROPE, MIDDLE EAST AND AFRICA)
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, 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; 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 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.
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 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.
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.
