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LICENSE AND WARRANTIES
END USER LICENSE AGREEMENT
TABLET DRIVER SOFTWARE
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 "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 OR DO NOT AGREE TO
BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE "DECLINE" 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 firmware 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 License Grant. 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. Notwithstanding the foregoing, if You are
under 18 years old, You agree that no license to the Software is offered or provided
without Your parent’s or guardian’s consent to this Agreement.
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, and will not permit, encourage
any third party to, 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, encourage or enable 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. You will not, and will not
permit, encourage or enable any third party to, use the Software in conjunction with
third party products, but 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 Export Limitations. You may not use or otherwise export or re-export the Software
except as authorized by the laws of the jurisdictions from which or in which the
Software was lawfully obtained by You. If You obtained the Software in or from
the United States, the Software may not be exported or re-exported (a) into any
U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Department of Commerce Denied
Person’s List or Entity List. By using the Software, You represent and warrant that
You are not located in any such country or on any such list. You also agree that
You will not use these products for any purposes prohibited by United States law,
including, without limitation, the development, design, manufacture or production of
missile or nuclear, chemical or biological weapons.
2.4 No Assignment; One Time Transfer. You will not transfer, assign or delegate the
Software or 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 the Software and of all of Your rights under this Agreement to another party
in connection with Your transfer of the Product if and only 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 or any portion thereof 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.
2.5 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.
2.6 No Support. Wacom has no obligation to provide technical support, maintenance,
upgrades, modifications or new releases under this Agreement.
2.7 Updates. Wacom, at its discretion, may make available to You updates or upgrades
to the Software. The terms of this Agreement will govern any such update or
upgrade provided by Wacom to You that replaces, supplements, modifies, or
enhances the Software, except that if such upgrade or update is accompanied by
a separate set of terms, those terms will govern to the extent of any conflict with or
terms that are in addition to 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 (a) 2 years
if You are resident in Europe, Africa or the Middle East or (b) ninety (90) days if You
are resident elsewhere from the date the Software is first installed, downloaded
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
make commercially reasonable efforts to correct such non-compliance by repairing
or replacing the Software at no additional charge to You. If Wacom determines
that repairing or replacing the Software is not feasible, would be disproportionate,
cannot be completed within a reasonable time or would require unreasonable
inconvenience, Wacom in lieu of repair or replacement may offer an appropriate
reduction or refund of any fees paid by You.
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 Products, which are subject to Wacom’s standard hardware warranty (if any)
applicable thereto. Wacom will have no warranty obligations under this 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 the express warranties contained in this Agreement,
WACOM MAKES NO WARRANTY, 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 and all copies thereof
(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,
2.5, 3.2, 4 and 5 will survive.
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