Terms of Use Bamboo Dock Platform

1. Bamboo Dock platform

1.1 Bamboo Dock is a software application developed by Wacom Europe GmbH, Europark Fichtenhain A9, 47807 Krefeld, Germany (hereinafter “Wacom”) for the free use of owners of Wacom products. Bamboo Dock facilitates the simple selection, downloading, installation, access and use of and to Bamboo Minis. Bamboo Minis are miniature software applications enabling users to run, test and explore the Wacom products in a new way and by different methods. The Bamboo Minis are made available by independent developers or Wacom itself (hereinafter “Developers”) and, subject to acceptance of the present Terms of Use, can be downloaded free from the Wacom website and (after acceptance of the Licensing Agreement) installed. The same applies to the Bamboo Dock software.

1.2 The present Terms of Use apply exclusively to the use of the website and server of Wacom (hereinafter the “Platform”) on which the Bamboo Dock software and the Minis (Bamboo Dock and Minis collectively hereinafter the “Software”) are made available for downloading. The installation and use of the Software shall be governed by the relevant licensing conditions.

2. Performances of Wacom

2.1 Wacom shall provide the Platform that enables Developers to make their Minis available free of charge to interested users for use with the Bamboo Dock software. Wacom is entitled at any time to modify or suspend operation of the Platform or individual functions of same.

2.2 Wacom shall operate the Platform with an availability of 98% in the calendar year. Wacom shall not, therefore, warrant the constant and universal availability of the Platform, which can be further impaired by malfunctions of the public communications networks, power supply and other circumstances beyond the control of Wacom. In addition, Wacom reserves the right temporarily to restrict the services because of maintenance work and further developments insofar as same are necessary for proper or improved operation.

2.3 A contract concerning the use of Software (“Licensing Agreement”) shall be brought about with Wacom itself only if the user downloads and installs the Bamboo Dock software or a Mini developed by Wacom. In all other cases, the Licensing Agreement shall be brought about with the relevant developer.

2.4 Wacom shall, without obligation, make every effort professionally to test the Minis and shall make available on the Platform only Minis that have passed such tests. The user shall not have any entitlement in this respect. Entitlements of the user concerning the Software, arising from liability for defects or otherwise, shall be governed exclusively by the Licensing Agreement.

3. Rights and obligations of the user

3.1 The user undertakes to refrain from all action jeopardizing or disturbing the Platform and from accessing data which he is not entitled to use.

3.2 The customer can, provided that he is permanently resident in a member state of the European Union, download the Software for use within the European Union once he has accepted the present Terms of Use. Forwarding to third parties is forbidden. The customer is allowed to make a copy of the Software exclusively for his own backup purposes. The customer must accept the Licensing Agreement during installation before the Software is installed and used (see Clause 3.3).

3.3 The right to install and further use the Software is subject to the condition that the customer accepts the Licensing Agreement during the installation procedure. Upon such acceptance being declared, the Licensing Agreement shall be brought about with either Wacom (in the case of Bamboo Dock software) or the developer (in the case of a Mini).

4. Liability

4.1 The liability of the Developers for the Software shall be governed by the Licensing Agreement.

4.2 The liability of Wacom is limited to loss or damage arising from mortal or physical injury or health impairment, and to intent and gross negligence. No further liability of Wacom shall exist.

5. Closing provisions

5.1 The laws of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

5.2 If the user is a merchant entered as such in the commercial register, Krefeld shall be agreed as the venue.

5.3 If individual provisions of the present Terms of Use are or become invalid and/or contradict the statutory provisions, this shall not affect the validity of the Terms of Use in other respects. The parties shall by common consent replace the invalid provision with a provision having legal effect that corresponds closest to the economic purpose of the invalid provision. The preceding stipulation shall apply mutatis mutandis to gaps in the stipulations.

Licensing Agreement

This Licensing Agreement (hereinafter “Agreement”) constitutes a legally binding contract concerning the Bamboo Dock software or an associated Mini (collectively hereinafter “Software”) between you and the relevant developer named in the program (hereinafter “Developer”).

1. Granting of license
1.1 Subject to the following restrictions, Developer hereby grants you, free of charge, a non-exclusive, non-time limited, non-transferable license, restricted to the territory of the European Union,
a) to install and use the Software only with one (1) Wacom product;
b) to make copies of the Software insofar as necessary for use consistent with the contract. You can make the necessary number of backup copies of the Software according to the state of the art. Backup copies on portable data media must be labeled as such and bear the copyright notice of the original data medium.
1.2 The source code of the Software does not form part of the Agreement.

2. License restrictions
Save as expressly envisaged in the present Agreement, you are not entitled either yourself or through third parties
a) to lease, loan, sell or otherwise transfer the Software or the rights and obligations arising from this license;
b) to modify, extend or otherwise revise the Software as defined in Section 69c No. 2 UrhG (Copyright Act), unless allowed by imperative provision of the law;
c) to decompile the Software, except in the cases provided in Section 69e UrhG;
d) to make copies of the Software, other than backup copies as per Clause 1 b), or sell same commercially;
e) to make combinations, divisions, improvements or adaptations of or to the Software in any form or in its use, unless expressly envisaged by the present license;
f) to grant this license or the rights and obligations arising herefrom as a sub-license, or to assign or transfer same.

3. Property
3.1 The license granted according to the present Agreement does not constitute a transfer or sale of property rights to the Software. Regardless of the rights to use granted in the present Agreement, Developer retains all rights and intellectual property rights to the Software including all complete or partial copies made by you. By operation of applicable laws concerning the protection of intellectual property, this Software is protected by copyright law.
3.2 You undertake to maintain without modification all protective marks, such as copyright notices and other reservations of rights, and to apply same in unmodified form to all complete or partial copies.

4. Term and expiry
4.1 The license shall take effect with your consent upon installation of the Software and expire as soon as one of the following events occurs:
a) non-compliance with a provision of the present Agreement, or
b) return, destruction or deletion of all copies of the Software in your possession.
4.2 All the rights of Developer shall remain in effect even after the expiry of the present Licensing Agreement.

5. Warranty
5.1 You concur with Developer that it is impossible to develop computer programs in such a way that they are error-free for all application conditions. Developer shall make every effort to eliminate software faults as soon as you notify same of such a fault, giving a thorough description of its nature.
5.2 The liability of Developer for defects of quality is limited as per Section 524 BGB (Civil Code).
5.3 If third parties assert claims preventing you from exercising the rights of use granted you hereby, you shall notify Developer without undue delay, in writing and fully.

6. Liability
The liability of Developer is limited to intent and gross negligence as per Section 521 BGB.

7. General
This license is subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The present Agreement contains all the contractual stipulations between the parties and replaces all other agreements concerning the Software. Changes or additions to the present Agreement shall be invalid save as done in writing. If individual provisions of the present Agreement are invalid, this shall not affect the validity of its other provisions. Such invalid provision shall be replaced by a provision corresponding as closely as possible to the purpose of the invalid provision.