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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)
Wacom warrants the product, to the original consumer purchaser, except for the
Software and consumable items such as the battery, pen cartridges, tablet surface
sheet and nibs, to be free from defects in materials and workmanship under normal use
and service for a period of two (2) years, from the date of original retail purchase, as
evidenced by a copy of the receipt and registration with Wacom within 30 days of
purchase.
The Software is licensed "as is." Wacom makes no warranty with respect to its quality or
performance. Wacom cannot guarantee you uninterrupted service or the correction of any
errors.
Upon discovery of a defect in the product, except in the Software, 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. You should send the product,
shipping charges prepaid, to the designated service location, accompanied by the
return authorization number, your name, address and telephone number, proof of
purchase date, and a description of the defect. Wacom will pay for return shipping by
United Parcel Service or by an equivalent service as chosen by Wacom.
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 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.
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 THIS 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 Washington.
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.
