Wacom CTH680 Manuale Utente
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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.
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.
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.
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.
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.
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.
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 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, 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. Wacom's pricing of the Products reflects this allocation of risk
and the limitation of liability specified herein. Wacom's liability under this Agreement
or in any way related to the Software shall not exceed the amounts actually paid by
you for the Product. You are required to keep the invoice or any other documents
which prove the amount you actually paid for the Product. Notwithstanding the
above, nothing in this Agreement limits Wacom's liability to You to the extent arising
out of any willful or grossly negligent misconduct on the part of Wacom.
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. 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. Wacom's liability under this Agreement
or in any way related to the Software shall not exceed the amounts actually paid by
you for the Product. You are required to keep the invoice or any other documents
which prove the amount you actually paid for the Product. Notwithstanding the
above, nothing in this Agreement limits Wacom's liability to You 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 severed and deleted from this Agreement,
while the remainder of this Agreement will continue in full force and effect.
unenforceable, such provision will 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.
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.
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.
TABLET DRIVER SOFTWARE END USER LICENSE
AGREEMENT
AGREEMENT
(EUROPE, MIDDLE EAST AND AFRICA)
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").
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.
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.
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) to 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.
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) to 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.