Wacom PTH860 Benutzerhandbuch

LICENSE AND WARRANTIES

TABLET DRIVER SOFTWARE END USER LICENSE

AGREEMENT

(WORLDWIDE EXCEPT FOR EUROPE, AFRICA AND MIDDLE EAST)
This End User License 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 “I ACCEPT” 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 “I DO NOT ACCEPT” BUTTON. IF

YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT HAVE THE RIGHT TO 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 Wacom Tablet hardware, with which the Software has been

provided to You.

1.3 "Software" means the Tablet Driver software and Documentation provided to You

with the Product, and any updates to either of the foregoing provided by Wacom to

You under this Agreement.

2. SOFTWARE LICENSE

2.1 Limited License.

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 computer or other similar

device, solely in conjunction with the Product; (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.

2.2 Restrictions.

You will not copy or use the Software (including the Documentation) except as

expressly permitted by this Agreement. You will not 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 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 to the extent expressly permitted by applicable law. You will not

use the Software as a stand-alone software or in conjunction with third party

products; it may be used only in conjunction with the Product. 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 No Assignment; One Time Transfer.

You will not transfer, assign or delegate 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 all of Your rights under this Agreement to another party

in conjunction with Your transfer of the Product if all of the following conditions

have been met: (a) the transfer includes all components and parts of the Product, all

printed materials, any other warranties applicable to the Product, and all of Your

rights and obligations under this Agreement, (b) You do not retain any copies of the

Software 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.

2.4 Ownership.

Wacom and its licensors will retain all right, title and interest in and to the Software,

including all patent, copyright, trademark, trade secret and any other intellectual

property or industrial rights in and to the Software, and any improvements, updates

and derivative works thereof. Wacom reserves all rights and interests in and to the

Software. You do not acquire any other rights, express or implied, in the Software

other than those rights expressly granted under this Agreement.

2.5 No Support.

Wacom has no obligation to provide technical support, maintenance, upgrades,

modifications or new releases under 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 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 PURPOSES), THE FOREGOING

LIMITATIONS MAY NOT APPLY TO YOU BASED ON THE APPLICABLE LAWS OF

THE JURISDICTION IN WHICH YOU RESIDE.

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 terms of this

Agreement. Upon termination of this Agreement, You will cease all use of the Software

and permanently delete and make unrecoverable the Software (including Your back-up

copy and all Documentation) from Your computer or similar device on which it was

installed. Upon any termination of this Agreement, Sections 1, 2.2, 2.4, 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, 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.