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Wacom Terms of Use for Wacom Services

We are going to update our Terms of Use with effect of October 21st, 2019.
You can also find the future Terms of Use here.

These Terms of Use are a binding agreement between you and Wacom Europe GmbH (“Wacom”) governing your account registration and your use of the online services offered by Wacom (which may include the German Wacom eStore available at https://eu-store.wacom.com, the Wacom Marketplace available at https://eu-marketplace.wacom.com, and/or other services using the Wacom Account single sign-on feature (collectively the “Wacom Services”). Your account can also be used to sign on to other online services offered by Wacom and/or its affiliated companies that use the Wacom Account (collectively the “Wacom Sites”). Any goods, software, subscriptions or other services (collectively “Offerings”) you may purchase from Wacom, its affiliates or third parties through the Wacom eStore, the Wacom Marketplace, or other such Wacom Services are subject to additional terms and conditions that you must accept upon making such purchase.

1 Scope / Wacom Account

1.1 These Terms of Use (this “Agreement”) govern your use of the Wacom Services. Any general terms and conditions you may use do not apply to this Agreement even if Wacom has not formally rejected them. A Wacom Account is required to fully access and use the Wacom Services.

1.2 This Agreement can be concluded by signing up for and activating a Wacom Account (as described in Section 1.2.1 below), or by signing in to a Wacom Service using an existing Wacom Account created on a different Wacom Site, and accepting these Terms of Use (as described in Section 1.2.2 below):

1.2.1 When you sign up for a Wacom Account by selecting a user name and password and providing a valid e-mail address (or alternatively by using an existing social media account to provide your information), you invite Wacom to make you an offer to enter into this Agreement. Wacom will confirm receipt of your registration request by e-mail. If Wacom choses to make an offer, Wacom will do so by sending you an activation link by e-mail. This may also be combined with the aforementioned confirmation of receipt. The Agreement is concluded if and when you activate your Wacom Account by clicking the activation link. The following rules apply to any Wacom Account created through any Wacom Service:

a) You will keep your Wacom Account information, including without limitation your e-mail address and, if applicable, billing information (including billing address) current.

b) The Wacom Account is personal and non-transferable. You may not assign, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Wacom Account to any third party. The same applies to any licences to any Offering that is tied to the Wacom Account, except to the extent and under the conditions the respective applicable terms of such Offering or mandatory statutory law expressly permit the transfer of such licence.

c) You will keep your password confidential and inform Wacom immediately if you have reason to suspect your password has been disclosed to or otherwise obtained by any third party (provided, for clarity, that anyone using the Wacom Account on behalf of the Subscribing Organization is not a “third party” for this purpose).

1.2.2 When you sign in to any Wacom Service with an existing Wacom Account for the first time, you will be prompted to accept these Terms of Use. The Agreement is concluded once you confirm this prompt. Your Wacom Account will be subject to the terms you accepted when you created it.

1.3 The Wacom Account is not available to persons under the age of 18 or to anyone whose Wacom Account has previously been terminated. By entering into this Agreement, you represent and warrant that you are at least 18 years old and you have not previously had a Wacom Account terminated. If you are using or opening a Wacom Account on behalf of a company, entity, or organization (collectively, a "Subscribing Organization") then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such Subscribing Organization to these terms, and that you agree to these terms on behalf of such Subscribing Organization. In such a case "You" in these terms refers to your Subscribing Organization, which shall ensure that each individual user accessing and using the Wacom Account on behalf of the Subscribing Organization complies with the obligations, limitations and restrictions contained herein.

1.4 The Wacom Account can be used across a number of online services and platforms operated by Wacom and/or its affiliated companies. However, additional terms may apply to your access to and use of any Offerings available on or through the Wacom Services and such other online services and platforms. You will be notified of such additional terms and be asked to accept them whenever you try to access, download, or otherwise use an Offering by Wacom, its affiliates or any third party that is subject to such additional terms.

1.5 You acknowledge that the Wacom Services areis operated using the technology of Wacom’s third party licensor(s). You acknowledge that these licensor(s) is/are not a party to this Agreement and that (i) they retain all right, title and interest in and to the technology and do not grant you any licence to such technology, (ii) they are not responsible for the operation or the contents of the Wacom Services or the Offerings you may purchase from other third parties through Wacom Services(and Wacom makes no warranties on their behalf), (iii) they do not grant any warranties to you regarding the technology, and (iv) they do not have any other contractual liability to you.

2 Wacom Services

2.1 During the term of this Agreement, Wacom will permit you to access the Wacom Services and use their functionalities. Such functionalities may also include opportunities to upload or share content (such as message boards or product review tools). Wacom may however make reasonable modifications to the functionalities of the Wacom Services, for instance to adapt them to new technologies.

2.2 Wacom provides the Wacom Services with an availability of 98% on annual average. Any downtimes due to scheduled maintenance do not count as downtimes for the purpose of calculating the availability.

2.3 You may conclude agreements regarding Offerings with Wacom, Wacom affiliates and/or third parties through the Wacom Services. Such agreements are subject to the respective terms communicated to you by the respective vendor. In the event of any conflict between the respective custom terms and these Terms of Use, the custom terms of the Offering prevail.

2.4 The vendor of any Offering will be clearly identified on the respective description page within the Wacom Marketplace.

3 Your Obligations and Content / Indemnity

3.1 You acknowledge that the Wacom Account and the Wacom Services are not data backup services. You will create and maintain adequate regular backups of any and all content you upload or share using the Wacom Account and/or the Wacom Services.

3.2 In using the Wacom Services, you will not:

d) interfere or attempt to interfere with the proper workings of or any activities conducted on the Wacom Services, or access or attempt to access the Wacom Services with any bot, spider, crawler, or other automated system or process, or bypass robots.txt exclusion files or other measures as may be used to prevent or regulate access to the Wacom Services;

e) post, upload, or distribute any content that is defamatory, libelous, inaccurate, unlawful (including in violation of any applicable intellectual property, personality rights, youth protection or similar laws), or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

f) post or upload any content that contains any viruses, adware, spyware, worms, or other malicious code or any content or file that may have the effect of compromising any security or access control feature of the respective Wacom Service or of any Offering;

g) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Wacom Account of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via any Wacom Service, or perform any other similar fraudulent activity;

h) post or send unsolicited commercial messages or advertise any goods, software, products, services other than the Offerings available through any Wacom Service.

3.3 You will indemnify and hold Wacom harmless for any and all expenses and damages, including reasonable market-rate attorneys’ fees, incurred or suffered by Wacom in connection with any breach of this Agreement by you, including without limitation any damages caused by any content you upload to any Wacom Service, and further including without limitation any damages caused by any alleged infringement of third party rights by your use of any Wacom Service. This does not apply to the extent you are not responsible for the breach.

3.4 If Wacom in its reasonable discretion deems any content you uploaded or shared to be breach of the aforementioned restrictions, Wacom may reasonably edit or remove such content or such parts of the content that give rise to this concern. Wacom will not edit or partially remove content in a way that materially alters the meaning of the original content. Any other statutory and contractual rights of Wacom remain unaffected.

4 Intellectual Property Rights / Licence Grant

4.1 Except where expressly provided otherwise, any licence to any Offering you purchase through any Wacom Service is personal and non-transferable. It is tied to your Wacom Account and you may not assign, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer it to any third party, except to the extent and under the conditions the respective applicable terms of such Offering or mandatory statutory law expressly permit the transfer of such licence.

4.2 The Wacom Services are the intellectual property of Wacom and/or its licensors. You are granted only a limited, non-exclusive, non-transferable right to use for the purpose, pursuant to the provisions, and for the term of this Agreement. In particular, you may not

a) modify, adapt, translate or create derivative works based upon the Wacom Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or

b) attempt to disable or circumvent any security mechanisms used by the Wacom Services, or copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Wacom Services or any part thereof, unless (i) specifically authorized by Wacom in writing, or (ii) to the extent such acts are necessary to achieve interoperability with a third software, but only if (a) Wacom or its licensors had not published details about the interfaces of the respective Wacom Service before and has not provided such details upon your written request, (b) only those parts of the respective Wacom Service are disassembled that are necessary to achieve interoperability, (c) the obtained information is only used to achieve interoperability, (d) the obtained information is not made available in any way to any third party except as required for the purpose of achieving interoperability; and (e) the obtained information is not used to develop or market a software which is similar to the respective Wacom Service or for any other actions that infringe Wacom’s and/or its third party licensor’s rights.

5 No Withdrawal Right

5.1 The Agreement regarding the creation of the Wacom Account and the use of the Wacom Services is concluded free of charge. Therefore, you do not have statutory withdrawal right.

5.2 For clarity, please note that when you make purchases through any Wacom Service as a consumer, you may have statutory withdrawal rights, of which you will be informed separately at the time you make the purchase.

6 Warranty Disclaimer / Limitation of Liability

6.1 The Wacom Account and the Wacom Services are provided free of charge. Wacom grants no warranties, in particular not regarding the availability or functionality of the Wacom Services. Wacom is liable in accordance with statutory law only for wilful intent and gross negligence.

6.2 In the event Wacom is liable in accordance with the above for any data loss, such liability is limited to the amount that would be required to restore such data if adequate regular backups (cf. Section 3.1) had been made.

6.3 These limitations of liability also apply for the benefit of Wacom’s directors, officers, employees, licensors, freelancers, subcontractors, representatives and agents of any kind.

6.4 For clarity, the warranties and liability of the relevant provider of any Offerings you may purchase from Wacom, its affiliates and/or any third parties through the Wacom Services is subject to the separate terms and conditions applicable to the relevant Offering.

7 Term and Termination

7.1 This Agreement is concluded for an indefinite term.

7.2 Either party may terminate the Agreement for convenience in writing (e-mail sufficient) at any time with 7 days’ notice. You may also terminate the Agreement immediately by contacting our Support Team at: http://support.wacom.com/.

7.3 Wacom may terminate the Agreement effective immediately if the user (i) breaches any of the obligations stated in Sections 3 or 4 of this Agreement, or (ii) breaches any other obligations hereunder and does not remedy such breach upon a warning setting a reasonable time period for such remedy.

7.4 Subject to Section 7.6 below, Wacom may delete any data stored by the user in their Wacom Account and/or the Wacom Services after any effective termination of the Agreement.

7.5 Both parties’ right of extraordinary termination for good cause remains unaffected.

7.6 The termination of this Agreement does not affect any additional agreements regarding the Offerings as may have been concluded through any Wacom Service, which may be terminated only in accordance with their respective terms. To the extent the Wacom Account is required in order to continue using such Offerings, the Account will remain active only for the purpose of the concerned Offerings and for as long as you are entitled to them under their respective terms. For clarity, in such case you will not be able to purchase any new Offerings through the Wacom Services.

8 Modification of Terms

Wacom reserves the right to modify these Terms of Use at any time to the extent required because of any changes in applicable law or similarly cogent external events, with the exception of the provisions determining the parties' primary contractual obligations hereunder. The parties' primary contractual obligations will not be changed in the manner described in this Section 8. Wacom will inform you of any proposed modification of these Terms of Use, provide you with the proposed new version of these Terms of Use and notify you of the date when these new Terms of use will be implemented. Any change is subject to a prior written notice of six weeks. If you do not expressly refuse the respective modification within six weeks from the date on which the new Terms of Use are implemented, you are deemed to have approved the modification of these Terms of Use. In the aforementioned notice of the proposed modification, Wacom will inform you expressly and specifically about the right to object within the six weeks period and the consequences of not expressly refusing the proposed modification.

9 Miscellaneous

9.1 Information on Wacom’s use of personal data can be found in the privacy policy available at https://www.wacom.com/privacy. Our collection and processing of cookies is described in Wacom Cookie Notice available at https://www.wacom.com/cookie-notice

9.2 This agreement is subject to German law, excluding the CISG.

9.3 If you are an entrepreneur, public law entity or public law special fund, or if you are not a resident of Germany or give up your residency in Germany after this Agreement is concluded, or if your whereabouts are unknown at the time of filing a lawsuit, the exclusive legal venue for any disputes arising out of or in connection with this Agreement is Düsseldorf, Germany.

9.4 The language of this Agreement is German. These terms are also available in the following languages: English, Spanish, French, Italian and Dutch; provided that the German version controls in the event of any discrepancy. We do not store a copy of the Agreement.

Last modified: 1 March 2018 (English version)

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