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.

The jurisdiction agreement shall also apply for customers who do not have a general place of jurisdiction in Germany. The jurisdiction agreement shall not apply if, due to legal provisions, a different sole place of jurisdiction must be established for the case. Furthermore, Wacom is authorised to file a lawsuit against the headquarters of the customer.

This licence constitutes the entire contractual agreement between the parties. It overrides all other verbal and written contracts and agreements and may only be altered by means of a written and signed contract. Should one of the provisions of these licence conditions be or become void, the validity of the other provisions shall not be affected, in full or in part. Should a provision be invalid, the legally permissible regulation most closely resembling the invalid regulation shall apply in its place.

LIMITED WARRANTY (EUROPE, AFRICA AND MIDDLE EAST)

WACOM warrants to you, as the initial purchaser, (hereinafter referred to as “you” or “the customer”) that the product hardware will remain free from defects in materials and workmanship under normal use and service for a warranty period of TWO (2) YEARS, and in case of Cintiq products for a warranty period of THREE (3) YEARS, commencing from the purchase date and provided that the product was unused at the time of purchase. Defects in wear parts (e.g. pen nibs, tablet surfaces and batteries) resulting from normal wear and tear are exempt from the warranty. Furthermore, WACOM warrants that the data carriers delivered with the product are free from defects in materials and workmanship under normal use for a period of SIX (6) MONTHS from the date of purchase.

If during the applicable warranty period the product, excluding any software, is discovered to be defective, it should be returned immediately to the place of purchase in its original packaging together with your name, address, and telephone number, a description of the problem, and a copy of the original receipt. The customer shall be liable for any possible damage or loss of the product during transit to the place of purchase for this purpose.

WACOM’s sole obligation and entire liability under this warranty shall be, at WACOM’s option, either the repair or the replacement of the product or parts thereof that prove defective and that were returned within the applicable warranty period.

WACOM does not warrant to repair or replace the product if: (a) the damage to the product results from accident, misuse, improper use, negligence or unauthorised alteration or repair; (b) the product was not handled or stored according to the instructions provided by WACOM; (c) the damage resulted from normal wear and tear of product parts; or d) the serial number affixed by WACOM has been removed or rendered unintelligible.

Any descriptions, drawings, specifications, samples, models, notifications or similar material provided in connection with the purchase of the product cannot be taken as an explicit guarantee that the product corresponds to or fulfils your requirements.

The warranty guaranteed by law remains unaffected. You can claim defects of the product in accordance with the relevant legal provisions.

WACOM shall only be liable for itself and its vicarious agents if a material contractual obligation has been culpably breached in a manner jeopardising the purpose of the contract or the damage is due to intentional acts or omissions or gross negligence. A material contractual obligation is an obligation which is essential to the proper performance of the contract on which the other party will typically rely. In case that the culpable infringement of such a material contractual obligation is not due to intention or gross negligence, the liability of a party shall be limited to such damages being typical for the contract and which were reasonably foreseeable at the time of the closure of the contract. Where these Terms and Conditions preclude or limit liability, this also applies to the personal liability of the executive officers of the party concerned, its employees, agents and subcontractors. The provisions of the product liability law (Produkthaftungsgesetz) remain unaffected.

If, when a claim made under this warranty is checked, it emerges that it is outside the permitted time period or is not covered by the warranty or that the product is not defective, the customer will reimburse WACOM for associated costs.

This limited warranty shall apply if the registered office of the vendor is situated in the EU or Iceland, Norway, Jersey, Switzerland, Russia, the Ukraine, Croatia, Serbia, Tunisia, Turkey, Syria, Lebanon, Jordan, Israel, Egypt, the United Arab Emirates, Iran or South Africa. This warranty is subject to German law. However, the applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. The city of Krefeld, Germany, 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 or fund under public law. The jurisdiction agreement shall also apply for customers who do not have a general place of jurisdiction in Germany. The jurisdiction agreement shall not apply if, due to legal provisions, a different sole place of jurisdiction must be established for the case. Furthermore, WACOM is authorised to file a lawsuit against the headquarters of the customer.

Should one of the provisions of this limited warranty be or become void, the validity of the other provisions shall not be affected, in full or in part. Should a provision be invalid, the legally permissible regulation most closely resembling the invalid regulation shall apply in its place. If you have any questions about this agreement, or would like to contact WACOM for another reason, please write to us at this address:

WACOM Europe GmbH
Europark Fichtenhain A9
47807 Krefeld
GERMANY