Last updated: August 2021

Terms of Use

I agree to the Terms of Use.

A. Terms of Use

B. Third Party Licenses

A. Wacom Ink Note app – Terms of Use

This Terms of Use 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 "AGREE" 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 AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON OR THE “HOME BUTTON” OF YOUR DEVICE. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT HAVE THE RIGHT TO INSTALL, 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 combination of an authorized hardware device with which the Software is designed to be compatible, including but not limited to Inkspace.

1.3 "Software" means the software app "Bamboo Note" developed by Wacom to allow You to capture data on Your hardware device in order for You to be able to use and process it for other purposes and within other applications, and any related updates to either of the foregoing provided or made available by Wacom to You. "Software" does not mean or include any Third-Party Software.

1.4"Third-Party Software" means the software components (including open source software) identified in Section 5.6 and any related licenses, notices, source code, and/or documentation.

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 hardware device, solely for use with that hardware device and Inkspace; (b) use the Documentation provided with the Software in support of Your authorized use of the Software; and (c) 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, You warrant that You are age 15 or older, and You agree that no license to the Software is offered or provide to anyone under the age of 15.

2.2 Restrictions. You will not, and will not permit, encourage, or enable any third party to, 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, or enable 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 as to the extent expressly permitted by applicable law despite this restriction. You will not, and will not permit, encourage, or enable any third party to, use the Software in conjunction with any tablet, signature pad, or other device that is not a Product as defined in this Agreement. 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 nuclear, missiles, or 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 if and only if all of the following conditions have been met: (a) the transfer includes the transfer of the hardware device on which the Software was downloaded or pre-installed, and includes the Software and 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. The Software is licensed, not sold, to You for use solely in compliance with the terms of this Agreement. Wacom and/or its affiliates or licensors will and do retain all right, title and interest in and to the Software, and any and all patent, copyright, trademark, trade secret, and any other intellectual property or industrial rights in and to or relating to the Software, including any modifications, improvements, updates, and derivative works thereof. Wacom reserves all rights and interests in and to the Software not expressly granted to You under this Agreement, and 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, updates, 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 downloaded by You, or if the Software is preloaded onto Your Product, then the date the Product is 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. THIS PARAGRAPH STATES THE ENTIRE LIABILITY AND OBLIGATION OF WACOM UNDER THIS AGREEMENT, AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT THAT THE SOFTWARE DOES NOT COMPLY WITH THE FOREGOING WARRANTY. WACOM DOES NOT WARRANT UNDER THIS AGREEMENT THAT: (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE SOFTWARE WILL BE COMPATIBLE WITH OR OPERATE ON ANY PRODUCT OTHER THAN THE PRODUCT AS DEFINED HEREIN, OR (C) ANY 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 hardware components of any Products, which are subject to any separate warranty provided by the manufacturer or seller of such components.
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. WACOM DOES NOT WARRANT THE THIRD PARTY SOFTWARE. However, if You discover a serious defect which is caused by or is attributable in whole or in part to the Third Party Software, Wacom will attempt to report such defect to the licensor of the Third Party Software for possible action. Wacom cannot guarantee that the licensor will take any action to remedy such defect. If such defect is reported to Wacom within the Warranty Period, and Wacom is not able to obtain a resolution of the defect from the licensor of the Third Party Software within such Warranty Period, Wacom in its sole discretion may offer an appropriate reduction or refund of any fees paid by You.

3.2 Disclaimers. Other than the express, limited warranties contained in this Agreement, WACOM MAKES UNDER THIS AGREEMENT NO OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE. UNDER THIS AGREEMENT; WACOM MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WACOM DOES NOT WARRANT THE ACCURACY OF ANY DATA THAT YOU HAVE CAPTURED USING YOUR AUTHORIZED HARDWARE DEVICE WITH THE SOFTWARE.

3.3 Contact Information. Correspondence regarding or arising under this Agreement should be directed to first contact Wacom Customer support at [http://support.wacom.com].

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 term 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 and any 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.

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 AND ALL 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 OR UNDER ANY OTHER THEORY, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE.

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.

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 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, OR (IV) under mandatory product liability lawS.

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.

5.6 Inclusion of Third-Party Software, including Open Source Software. Third-Party Software components listed below and under “Third party licenses” within the Wacom Ink Note app as part of Settings’ “About” menu, will be preinstalled or will be installed when You install the Wacom Ink Note app, and may be used when You run the the Wacom Ink Note app.

5.7 License Notice and Conditions of Third-Party Software. All Third-Party Software is or may be governed by separate license terms and conditions, and not by the foregoing provisions of this Agreement unless expressly stated otherwise. You MUST read and review the separate license terms and conditions applicable to the Third Party Software as set forth in Section C. Your acceptance of this Agreement also constitutes acceptance of the license terms and conditions applicable to the Third Party Software.

BY CLICKING ON THE "AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY ANY APPLICABLE THIRD-PARTY SOFTWARE COMPONENTS LICENSES, (3) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY, AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, (4) BY SO CLICKING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.

© 2020 Wacom Co., Ltd. All rights reserved

B. Wacom Ink Note app – Third Party Licenses

The following third party software is being used by Wacom’s Wacom Ink Note app, version 1.0 - 2.0. The list includes copyright notices and licenses to the respective third party software as far as necessary to communicate:

Retrofit

Copyright 2020 Square, Inc.

Licensed under the Apache License, Version 2.0 (the "License");

you may not use this file except in compliance with the License.

You may obtain a copy of the License at

   http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software

distributed under the License is distributed on an "AS IS" BASIS,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and

limitations under the License.

Retrofit Gson Converter

Copyright 2020 Square, Inc.

Licensed under the Apache License, Version 2.0 (the "License");

you may not use this file except in compliance with the License.

You may obtain a copy of the License at

   http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software

distributed under the License is distributed on an "AS IS" BASIS,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and

limitations under the License.

Copyright Google

Microsoft Azure Storage Android Client

Copyright Microsoft Corporation

Copyright Microsoft Corporation

Licensed under the Apache License, Version 2.0 (the "License");

you may not use this file except in compliance with the License.

You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software

distributed under the License is distributed on an "AS IS" BASIS,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and
limitations under the License.