Справочник Пользователя для Wacom DTH1320

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.