Important Product Information - Intuos

Important Product Information - Intuos
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Important Product Information
Intuos Pen (CTL-490, CTL-690), Intuos Pen & Touch (CTH-490, CTH-690)
Precautions
Product Specifications
License and Warranties
PRECAUTIONS
•
WARNING
•
Improperly setting up, using, or caring for this product can increase the risk of an
accident or human injury. Keep small parts away from children and pets. They
could remove and accidentally swallow parts such as the pen nibs, nib refills, or
pen buttons.
Do not use the tablet in a facility control system that requires extremely high
reliability. It may cause other electronic devices to malfunction, or other devices
may cause the tablet to malfunction. Turn off your tablet in locations where
electronic devices are not allowed. For example, turn it off during flights.
Do not disassemble or otherwise modify the tablet or pen. Such actions may
cause heat generation, ignition, electrical shock, or other damage, including
human injury. Disassembly of the product will void your warranty.
Avoid damaging the cables. Do not place heavy objects on them, repeatedly bend
them sharply, or apply heavy stress to the cable connectors. Torn or otherwise
damaged cables may increase the risk of product malfunction, electrical shock, or
fire. If they are damaged, stop using the product and contact your local distributor
or the Wacom customer support center for your region.
Do not expose this product to water or other liquids. Do not spill on the tablet or
pen. It may cause product malfunction or electrical shock. If the product is
exposed to water or other liquids: unplug the tablet USB cable from the computer,
turn off your computer and unplug the power cord from the wall outlet. Stop using
the product and contact your local distributor or the Wacom customer support
center for your region.
Do not insert foreign material into the USB plug end or any other opening of this
product. If a metal object or foreign material is inserted into the USB plug or other
opening of this product, it may cause the product to malfunction or burn out, or
cause electrical shock.
Do not use any organic solvent (e.g. alcohol) or even mild detergent to clean the
product and the pen. Use of these cleaners can damage the product. Damage of
this kind is not covered by the manufacturer's warranty.
Do not use or store this product under the following conditions:
• Places where temperature changes are severe or exceed specifications (e.g.
outdoors or inside a vehicle).
• Dusty areas.
Refrain from using this product during thunder or electrical storms. Such use may
cause product malfunction, fire, or electrical shock.
Keep this product out of reach of small children. They may accidently swallow
the small pieces.
Do not insert foreign materials into the USB port or any other opening of this
tablet. It may cause the product to malfunction or burn out, and may cause
electrical shock.
CAUTION
Do not place or use this product on an unstable surface or workspace, for
example, a shaky, inclined or vibrating surface.
When cleaning your tablet, turn it off, or unplug the tablet USB cable from the
computer. Electrical shock may occur if you attempt to clean this product when it
is connected to your computer.
Other precautions:
• Do not place metal objects on the tablet when it is in use. They may cause
interference, improper operation, or product malfunction.
• Avoid damaging your tablet. Replace your pen nib when it becomes worn or
sharp.
• Do not use a distorted or bent pen nib with the pen; a pen in this condition
may cause the pen to operate improperly and scratch your tablet. Therefore,
avoid pressing too hard when using the pen and bending or distorting the nib.
• Do not push hard on the pen tip, or buttons. This may shorten the pen tip life
or cause the pen to malfunction.
• Use pen nibs designed by Wacom. Using a pen nib from another
manufacturer may cause the pen to malfunction.
• Do not store the pen so that the pen tip, buttons, are continually depressed.
• Move the product periodically to another place on your work surface to avoid
permanently discoloring or altering the appearance of the surface.
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PRODUCT SPECIFICATIONS
GENERAL SPECIFICATIONS,TABLET
Communication interface
USB
Connector
USB Type A (PC) to Micro B (Tablet)
Cable length
1.5 m (4.9 ft)
Power requirements
DC 5 V from USB Port with 500 mA capacity.
(Self-powered USB hub or PC USB port)
Operating temperature
5 to 40 degrees C (41 to 104 degrees F)
Storage temperature
-20 to + 60 degrees C (-4 to 140 degrees F)
Operating relative humidity
30% to 80% non-condensing
Storage relative humidity
30% to 90% non-condensing
GENERAL SPECIFICATIONS, PEN
Pen Technology
Electro-magnetic resonance technology
Pen Active Area Aspect Ratio
16:10
Coordinate Resolution
100 lines per mm (2540 lines per inch)
Coordinate Accuracy
+/-0.5 mm (0.02 in)
Readable Height
7 mm (0.28 in)
GENERAL SPECIFICATIONS, MULTI-FINGER TOUCH
Maximum Number of Fingers Detected
10 fingers
Gesture Support
2 to 5 finger gestures
INTUOS SMALL (CTL-490)
Multi-finger Touch
ExpressKeys
Wacom wireless kit support
Physical size (W x D x H)
Weight
Active Area (W x D)
Power Consumption
Not supported
4 keys
Supported. RF technology
210.0 x 169.2 x 10.7 mm
290 g, approximately
152.0 x 95.0 mm (6.0 x 3.7 in)
Normal use
: 30 mA, approximately
Charging
: 500 mA (With Wacom Wireless Accessory Kit)
INTUOS TOUCH SMALL (CTH-490)
Multi-finger Touch
ExpressKeys
Wacom wireless kit support
Physical size (W x D x H)
Weight
Active Area (W x D)
Power Consumption
Supported
4 keys
Supported. RF technology
210.0 x 169.2 x 10.7 mm
290 g, approximately
152.0 x 95.0 mm (6.0 x 3.7 in)
Normal use
: 40 mA, approximately
Charging
: 500 mA (With Wacom Wireless Accessory Kit)
INTUOS MEDIUM (CTL-690)
Multi-finger Touch
ExpressKeys
Wacom wireless kit support
Physical size (W x D x H)
Weight
Active Area (W x D)
Power Consumption
Not supported
4 keys
Supported. RF technology
275.0 x 217.2 x 10.7 mm
480 g, approximately
216.0 x 135.0 mm (8.5 x 5.3 in)
Normal use
: 30 mA, approximately
Charging
: 500 mA (With Wacom Wireless Accessory Kit)
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INTUOS TOUCH MEDIUM (CTH-690)
Multi-finger Touch Surface
ExpressKeys
Wacom wireless kit support
Physical size (W x D x H)
Weight
Active Area (W x D)
Power Consumption
Supported
4 keys
Supported. RF technology
275.0 x 217.2 x 10.7 mm
480 g, approximately
216.0 x 135.0 mm (8.5 x 5.3 in)
Normal use
: 45 mA, approximately
Charging
: 500 mA (With Wacom Wireless Accessory Kit)
PEN (LP-190)
Pressure levels
Physical size (L x D)
Weight
2048 levels
138.8 x 11.5 mm
10 g, approximately
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LICENSE AND WARRANTIES
TABLET DRIVER SOFTWARE END USER LICENSE
AGREEMENT
(WORLDWIDE EXCEPT FOR EUROPE, AFRICA AND MIDDLE EAST)
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").
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.
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.
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) 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.
2.2 Restrictions.
You will not copy or use the Software (including the Documentation) except as
expressly permitted by this Agreement. 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 to the extent expressly permitted by applicable law. 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 onetime permanent transfer of all of Your rights under this Agreement to another party
in conjunction 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.
2.5 No Support.
Wacom has no obligation to provide technical support, maintenance, upgrades,
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.
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.
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.
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5
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.
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.
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.
TABLET DRIVER SOFTWARE END USER LICENSE
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").
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.
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.
2. SOFTWARE LICENSE
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.
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 onetime 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.
2.5 No Support.
Wacom has no obligation to provide technical support, maintenance, upgrades,
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.
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.
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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 NONINFRINGEMENT, 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)
Wacom warrants the product, to the original consumer purchaser, except for the
Software and consumable items such as the nibs, to be free from defects in materials
and workmanship under normal use and service for a period of one (1) year, from the
date of original retail purchase, as evidenced by a copy of the receipt and registration
with Wacom within 30 days of purchase.
The Software is licensed "as is." Wacom makes no warranty with respect to its quality or
performance. Wacom cannot guarantee you uninterrupted service or the correction of any
errors.
Upon discovery of a defect in the product, except in the Software, 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. You should send the product,
shipping charges prepaid, to the designated service location, accompanied by the return
authorization number, your name, address and telephone number, proof of purchase
date, and a description of the defect. Wacom will pay for return shipping by United
Parcel Service or by an equivalent service as chosen by Wacom.
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 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.
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 THIS 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 Washington.
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.
WARRANTY SERVICE
To obtain Warranty service within the U.S. or Canada contact:
Wacom Customer Care Center
Phone: 1-855-MY-WACOM FREE (699-2266)
Email Inquiry form: http://us.wacom.com/en/support/
Should you have any questions about this Agreement, or if you desire to contact Wacom
for any reason, please contact in writing:
Wacom Technology Corporation
1311 SE Cardinal Court
Vancouver, Washington 98683
U.S.A.
6
7
LIMITED WARRANTY
LIMITED WARRANTY
(CENTRAL AMERICA, SOUTH AMERICA AND THE CARIBBEAN)
(EUROPE, AFRICA AND MIDDLE EAST)
Wacom warrants the product, to the original consumer purchaser, except for the
Software and consumable items such as the nibs, to be free from defects in materials
and workmanship under normal use and service for a period of one (1) year, from the
date of original retail purchase, as evidenced by a copy of the receipt and registration
with Wacom within 30 days of purchase.
The Software is licensed "as is." Wacom makes no warranty with respect to its quality or
performance. Wacom cannot guarantee you uninterrupted service or the correction of any errors.
Upon discovery of a defect in the product, except in the Software, 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. You should send the product,
shipping charges prepaid, to the designated service location, accompanied by the return
authorization number, your name, address and telephone number, proof of purchase
date, and a description of the defect. Wacom will pay for return shipping by United
Parcel Service or by an equivalent service as chosen by Wacom.
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 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.
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 THIS 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 COUNTRY TO COUNTRY.
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 COUNTRIES 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 COUNTRIES
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 Washington.
This Limited Warranty is valid for and only applies to products purchased and used
inside Central America, South America or the Caribbean.
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) 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
WARRANTY SERVICE
To obtain Warranty service within Central America, South America or the Caribbean
contact your local dealer or distributor.
Wacom Customer Care Center
Spanish: http://us.wacom.com/es/support/
Portuguese: http://us.wacom.com/pt/support/
Should you have any questions about this Agreement, or if you desire to contact Wacom
for any reason, please contact in writing:
Wacom Technology Corporation
1311 SE Cardinal Court
Vancouver, Washington 98683
U.S.A.
7
8
LIMITED WARRANTY
(ASIA PACIFIC REGION)
Wacom Co., Ltd. warrants the product, to the original consumer purchaser, to be free
from defects in materials and workmanship under normal use and service for a period of
one (1) year, from the date of original retail purchase, as evidenced by a copy of the
receipt (proof of purchase).
The Software is licensed "as is." Wacom makes no warranty with respect to its quality or
performance or others. Wacom cannot guarantee you uninterrupted service or the
correction of any errors. Wacom also makes no warranty for consumable items such as
nibs.
Upon discovery of a defect in the product, except in the Software, within the Warranty
Period, the warranty holder must contact the original place of purchase to obtain
instructions for returning the product for repair or replacement. Wacom and its partners
are not obligated to reimburse unauthorized prepaid shipment.
The warranty holder is under no obligation to pay for shipment charges between the
original place of purchase and the place of repair or replacement.
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.
Wacom shall have no responsibility to repair or replace the product if the failure of the
product has resulted from force majeure including but not limited to fire, natural
disasters, accident, and act of god; intentional or accidental abuse, misuse, negligence,
unauthorized modification or repair, usage of this product in a fashion other than as
explained in the users guide, or if the product has been handled or stored other than in
accordance with Wacom's storage instructions.
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 THIS 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 COUNTRY TO
COUNTRY.
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 COUNTRIES 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 COUNTRIES 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 valid for and only applies to products purchased and used
inside the countries and territories of Asia Pacific excluding Japan, the People's
Republic of China, Hong Kong, and countries in the Middle East.
This Limited Warranty is a statement of the current warranty policy of the Asia Pacific
Division of Wacom Co., Ltd. and takes precedent over all other warranty statements
contained in packaging, brochures, manuals, etc.
This Limited Warranty is governed by the laws of Japan and is subject to change without
prior notice.
Australian Consumer law
Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure. Our hardware
products come with a one (1) year warranty given by Wacom Co., Ltd. with a subsidiary
located at Wacom Australia Pty. Ltd. Ground Floor, Building 1, 3 Richardson Place, North
Ryde, NSW 2113, Australia. Contact us via http://www.wacom.asia/en/customer-care
with details of your product, serial number, and proof of purchase. You may be required to
return the hardware product to the address we provide to you at the time.
Important Product Information
Version 1.1 E3117
Copyright © Wacom Co., Ltd., 2017
All rights reserved. No part of this document may be reproduced except for your express personal use.
Wacom reserves the right to revise this document without obligation to provide notification of such changes.
Wacom makes its reasonable efforts to provide current and accurate information in this document. However, Wacom reserves the right to change any specifications and product
configurations at its discretion, without prior notice and without obligation to include such changes in this document.
Wacom and Intuos are registered trademarks of Wacom Co., Ltd.
8
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