1 Scope / Wacom Account
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).
1.3 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 (in particular the Wacom Marketplace and the Wacom eStore) 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 Marketplace is 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 Marketplace or the Offerings you may purchase from other third parties through Wacom Marketplace (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.
2.4 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 hosting or 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 (in particular the Wacom Marketplace and/or the Wacom eStore) 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, (ii) permitted under Section 69e of the German Copyright Act (“Urheberrechtsgesetz”), or (iii) 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.
4.3 You grant Wacom a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence, limited to the term of this Agreement, to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content you upload to any Wacom Service, for the purpose of enabling Wacom and/or its licensor(s) to develop, enhance, provide, syndicate, promote, advertise, and provide you and its other customers with, the Wacom Services and their functionalities (e.g. product reviews, social or community features, contests, etc.) and otherwise perform its obligations hereunder.
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
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 the contract 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: 30 April 2016 (English version)