Wacom CTH680 Manuale Utente
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2.2 Restrictions.
You will not 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 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 as and to the extent expressly permitted by applicable law despite
this restriction. 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.
expressly permitted by this Agreement, or for disaster recovery, program error
verification, and back-up purposes. 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 as and to the extent expressly permitted by applicable law despite
this restriction. 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 connection 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.
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 connection 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.
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 two (2) years 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
correct such non-compliance by repairing or replacing the Software at no additional
charge to You. If repairing or replacing the Software is impossible or disproportionate, or
cannot be completed within reasonable time or inconvenience, You shall be entitled to
either require appropriate reduction of any fees paid or have the Agreement rescinded.
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 hardware components of the Products,
which are subject to Wacom's standard hardware warranty (if any) applicable thereto.
Wacom will have no warranty obligations under 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.
and the terms and conditions of this Agreement, will materially perform in accordance
with the Documentation for a period of two (2) years 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
correct such non-compliance by repairing or replacing the Software at no additional
charge to You. If repairing or replacing the Software is impossible or disproportionate, or
cannot be completed within reasonable time or inconvenience, You shall be entitled to
either require appropriate reduction of any fees paid or have the Agreement rescinded.
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 hardware components of the Products,
which are subject to Wacom's standard hardware warranty (if any) applicable thereto.
Wacom will have no warranty obligations under 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, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF
PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IF YOU ARE A
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.
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 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.
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.
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.
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.
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.