General Terms; Contact Information - Wacom MobileStudio Pro Manual

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 or the Software, such controversy, claim
or dispute may be adjudicated 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 in which You downloaded 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 – PRIVACY NOTICE
This Privacy Notice is for the Tablet Driver Software ("Tablet Driver") provided by Wacom
Co., Ltd. and its subsidiaries (collectively "Wacom Group"). This Privacy Notice applies to
Your use of Tablet Driver. Please review this Privacy Notice before using Tablet Driver.
1. DEFINITIONS
1.1 "Personal Data" means any information which – either alone or in combination with
other information we can access – relates to You as an identified or identifiable
individual.
1.2 "User" means an individual who uses the Tablet Driver.
1.3 "Wacom", "we", "our" or "us" means the relevant company in the Wacom Group
responsible for processing your Personal Data. The list of Wacom Group companies
can be found at
https://www.wacom.com/about-wacom/our-passion/our-company
2. WACOM PRIVACY POLICY AND COOKIE NOTICE
2.1 Wacom respects Your privacy and takes our responsibility to protect Your privacy
seriously, and will process your Personal Data in accordance with Wacom Privacy
Policy and Wacom Cookie Notice and in compliance with the applicable privacy
laws.
Wacom Privacy Policy is available at https://www.wacom.com/privacy
Wacom Cookie Notice is available at https://www.wacom.com/cookie-notice
2.2 If You access website, use online services or subscribe to the cloud service offered
by Wacom, certain information will be collected. Your information will be processed
by us in accordance with the relevant Wacom Privacy Policy.
2.3 The Tablet Driver provides the option to sign up to and use the cloud and other
online services of Wacom ("Wacom Services"). The sign-up is optional. If You do so,
You will be required to enter certain Personal Data; the collection, processing and
use of which is governed by the relevant Wacom Privacy Policy.
Your content is stored in the local memory of Your hardware device on which You use
the Tablet Driver. If You have signed up for the Wacom Services and activated the
respective function, the content (including as the case may be Personal Data) is then
synchronized to the Wacom Services.
2.4 Due to the global nature of the operation of Wacom Group Your Personal Data might
be processed outside of Your local jurisdiction. However, any transfer or storage
of Your Personal Data to a location outside Your jurisdiction will continue to be in
compliance with applicable privacy laws. Please see more details in Wacom Privacy
Policy.
3. INFORMATION AUTOMATICALLY COLLECTED –
GOOGLE ANALYTICS
When You use the Tablet Driver, certain information as described below may be
automatically collected for purposes such as improvement of the Tablet Driver,
troubleshooting bugs, providing the functions of the Tablet Driver, managing the services
and improving overall performance of the Tablet Driver. Such information includes
aggregate usage data, technical session information and information about Your
hardware device.
3.1 Google Analytics. By clicking the "Accept"-Button on this Privacy Notice, You
have consented to the use of Google Analytics, a web analysis service provided
by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
("Google"). Google Analytics helps us analyze how the Tablet Driver is used. You
can find out more about this popular analytics tool here: http://www.google.com/
analytics/index.html. Google Analytics tracks visitor interactions; for example which
functions of the Tablet Driver our users use, which are most popular, what time of
day the Tablet Driver is used, whether visitors have used the Tablet Driver before and
other similar information. The information regarding Your use of the Tablet Driver
is normally transferred to a Google server in the USA, and is stored there. As the
IP anonymize function is activated in the Tablet Driver, Your IP address will, within
Member States of the European Union or other contracting states of the Agreement
on the European Economic Area, first be shortened by Google. Only in exceptional
cases will Google transfer the full IP address to a Google server in the USA, and will
shorten it there. All of this information is anonymized. Google takes the privacy and
security of Your Google Analytics data seriously and You can find out more about
how it protects Your data here: http://www.google.com/analytics/learn/privacy.html.
You can withdraw your consent at any time by opting-out of the use of Google
Analytics. The opt-out option is available under / More / Privacy Settings within the
Wacom Desktop Center.

4. CONTACT INFORMATION

If You have any questions, requests or concerns about this Privacy Notice or Your
Personal Data, please contact us at our email address specified in relevant Wacom
Privacy Policy or privacy-eula@wacom.com
5. CHANGES AND UPDATES TO THIS PRIVACY NOTICE
This Privacy Notice may be revised periodically. Revisions will be effective when posted
by Wacom and made available through the Tablet Driver.
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