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LICENCE WARRANTY CONDITIONS
(EUROPE, AFRICA AND MIDDLE EAST)
SOFTWARE LICENCE AGREEMENT
Important customer information
The scope of delivery of this product covers copyright-protected computer programs ("software"), which are the
inalienable intellectual property of WACOM Europe GmbH ("WACOM"). This software is an integral component of the
product and is also held on the associated data carrier. The software of WACOM and the associated rights of use are
not included with the purchase of this product from your retailer. WACOM grants you-the user-the right to use the
software exclusively in accordance with the conditions stipulated in this licence agreement. By purchasing this
product, you agree to the following licence conditions.
Conditions for using the software
WACOM issues the user with a personal, non-exclusive licence to use the software solely in connection with this
product and for the correct operation of the product. This licence may only be assigned to a third party in connection
with this product.
Use of this software includes the creation of permanent or temporary copies of the software by means of loading,
displaying, exporting, transferring or saving, for the purposes of exporting the commands and the data they contain or
for observing, researching or testing the software functions.
The customer may not license the software to a third party, lease, lend or in any other way provide access to the
software. The customer may not copy, change, transfer or edit the software without prior written agreement from
WACOM. The only exceptions to this are necessary procedures for creating a back-up copy and the scenarios
outlined in section 2.
The customer may not carry out any "reverse engineering", decompile or depacketise the software, or try by any other
means to discover the source code of the software. This restriction shall continue to apply after the termination of this
agreement. If the software contains interfaces to other programs that are not supported by WACOM, WACOM shall
provide the customer with the necessary information on request, as long as the customer can prove his right to use
the software and agrees to bear the copying and postage costs.
WACOM AND ITS SUPPLIERS CANNOT OFFER ANY GUARANTEE FOR THE PERFORMANCE OF THE SOFTWARE
OR FOR THE RESULTS PRODUCED THERE FROM. WACOM AND ITS SUPPLIERS OFFER NO GUARANTEES OR
ASSURANCES (EITHER EXPRESSLY OR IMPLICITLY, INCLUDING THOSE THAT MAY BE DERIVED FROM A
BUSINESS RELATIONSHIP OR FROM TRADE PRACTICE, OR FROM LEGAL PROVISIONS OR CUSTOMARY LAW)
WITH REGARD TO THE MARKETABILITY, FREEDOM FROM DEFECTS OF TITLE OR USEFULNESS OF THE
SOFTWARE.
WACOM AND ITS SUPPLIERS ACCEPT NO LIABILITY FOR DAMAGES, CLAIMS OR COSTS OF ANY KIND, NOR
FOR CONSEQUENTIAL DAMAGES, SECONDARY, ACCIDENTAL, INDIRECT OR PENAL DAMAGES, PARTICULAR
OR MISCELLANEOUS DAMAGES OR FOR DEMANDS OR INDEMNITY CLAIMS FOR REDUCED PROFITS OR
LOSSES. THIS SHALL ALSO APPLY IN THE CASE OF A REPRESENTATIVE OF WACOM BEING PREVIOUSLY
AWARE OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR COSTS, OR DEMANDS FROM THIRD
PARTIES.
The existing limitations on liability shall not apply in the case of the assumption of explicit guarantees, or in case of
fraudulent behaviour on the part of WACOM, nor for damages arising from wilful or grossly negligent behaviour on the
part of WACOM, from damages leading to loss of life, personal injury or sickness or in the case of binding legal
provisions. For slight negligence, WACOM and its suppliers shall only be liable in the event of a breach of essential
contractual obligations. Liability when such an essential contractual obligation is breached is, however, limited to
damages typical to this type of contract, which WACOM must have determined at the conclusion of the contract
based on the known risks and circumstances at that time. Claims for reduced profits or expenses saved, indemnity
claims from third parties or claims for any other direct or consequential damages still cannot be asserted in this case.
The laws of the Federal Republic of Germany shall apply to this agreement. However, the applicability of the United
Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. Krefeld is the sole place of
jurisdiction for all claims arising from this contractual relationship and all disputes between the parties resulting from
the formation, handling or termination of the contractual relationship, provided that the customer is a trader, a legal
entity under public law or a special fund under public law.
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Summary of Contents for CTH-460
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