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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 ninety (90) days from the date the Software is first installed or
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. The Software is not fault tolerant and is not designed,
permitted or intended for uses related to high risk activities. No oral or written information or
advice provided by Wacom, its agents or any distributors or retailers of the Product will
create any warranty or in any way increase the scope of the warranties expressly provided
by Wacom under this Agreement. This paragraph states the entire liability and obligation of
Wacom, and Your sole and exclusive remedy in the event that the Software does not
comply with the foregoing warranty. Wacom does not warrant that: (a) the Software will
meet Your requirements, (b) the Software will be compatible with or operate on the
computer or other device on which You install it, or (c) 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 Products, which are subject to
Wacom's standard hardware warranty (if any) applicable thereto. 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.
3.2 Disclaimers.
Other than for the express warranties contained in this Agreement, WACOM MAKES NO,
AND HEREBY DISCLAIMS ALL, OTHER REPRESENTATIONS AND WARRANTIES OF ANY
KIND WITH RESPECT TO THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, WACOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING
WARRANTIES OF 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. IF YOU ARE A
CONSUMER (A USER OF THE SOFTWARE FOR PERSONAL PURPOSES AND NOT FOR
BUSINESS, TRADE OR PROFESSIONAL PUPROSES), THE FOREGOING LIMITATIONS
MAY NOT APPLY TO YOU BASED ON THE APPLICABLE LAWS OF THE JURISDICTION IN
WHICH YOU RESIDE.
