Wacom PTH860 Benutzerhandbuch

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, 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.

5.2 Limitation of Liability.

In no event will either party be liable for any 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, even if the other

party has been advised of the possibility of such damages or if such damages are

foreseeable. In no event will Wacom's liability for damages hereunder exceed the

amounts actually paid by You for the Product. 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. Wacom's pricing of the Products reflects this allocation of risk and the

limitation of liability specified herein. 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 directly 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.

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 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.

LIMITED WARRANTY

(U.S.A. AND CANADA)

WHO MAY USE THIS WARRANTY?
Wacom Co., Ltd. ("Wacom") ,extends this limited warranty to the original consumer

purchase of Intuos Pro products. It does not extend to any subsequent owner or other

transferee of the product.

WHAT DOES THIS WARRANTY COVER?
This limited warranty covers defects in materials and workmanship of Wacom’s Intuos

Pro products, except for excluded products described below, for a period of two (2)

years, from the date of original retail purchase (‘Warranty Period’), as evidenced by a

copy of the receipt and registration with Wacom within 30 days of purchase.

WHAT IS EXCLUDED FROM THIS WARRANTY?
Software and consumable items such as the battery, pen cartridges, tablet surface

sheet and nibs are excluded from this limited warranty. Wacom shall have no

responsibility to repair or replace the product if the failure of the product has resulted

from accident, abuse, misuse, negligence, or unauthorized modification or repair, or if it

has been handled or stored other than in accordance with Wacom's storage

instructions.

WHAT ARE THE REMEDIES UNDER THIS WARRANTY?
Wacom's sole obligation and entire liability under this warranty shall be, at Wacom's

option, either the repair or replacement of the defective product or parts thereof of which

Wacom is notified during the Warranty Period; provided, however, that you are

responsible for (i) the cost of transportation of the product to the designated service

location and (ii) any loss or damage to the product resulting from such transportation.

Wacom will pay for return shipping by United Parcel Service or by an equivalent service

as chosen by Wacom.

HOW CAN YOU OBTAIN WARRANTY SERVICES?
Upon discovery of a defect in the Intuos Pro product within the Warranty Period, you

should contact Wacom Technical Support via telephone, email, or fax to obtain an RMA

(Return Merchandise Authorization) number and instructions for shipping the product to

a service location designated by Wacom. To obtain warranty service within the U.S. or

Canada contact:
Wacom Customer Care Center
Phone: 1.360.896.9833
Email Inquiry form: www.wacom.com
You should send the product, shipping charges prepaid, to the designated service

location, accompanied by the RMA number, your name, address and telephone number,

proof of purchase date, and a description of the defect.

DISCLAIMER; LIMITATION OF LIABILITY
Any descriptions, drawings, specifications, samples, models, bulletins, or similar

material, used in connection with the sale of the product, shall not be construed as an

express warranty that the product will conform or comply with your requirements.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THERE ARE NO OTHER

WARRANTIES MADE BY WACOM ON ANY COVERED PRODUCT. NO ORAL OR

WRITTEN INFORMATION OR ADVICE GIVEN BY WACOM, ITS DEALERS,

DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY

WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON

ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC

LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM

STATE TO STATE. WACOM LIMITS THE DURATION OF ANY LEGALLY IMPLIED

WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF WACOM'S

EXPRESS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG

AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO

YOU. NEITHER WACOM NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE

CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR

ANY DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES

FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS

INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE

SUCH PRODUCT, EVEN IF WACOM HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION

OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR

EXCLUSION MAY NOT APPLY TO YOU.
In the event that any of the above limitations are held unenforceable, Wacom's liability

for any damages to you or any party shall not exceed the purchase price you paid,

regardless of the form of any claim.
This Limited Warranty is governed by the laws of the United States of America and the

state of Oregon.
This Limited Warranty is valid for and only applies to products purchased and used

inside the United States (and its territories or possessions) or Canada.