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    Terms of Use for Wacom Reseller Net

    1. Wacom Reseller Net
      1. The Reseller Net is a website, developed and operated by Wacom Europe GmbH (hereinafter referred to as "WACOM") for its dealers (hereinafter referred to as "User"). The Reseller Net has been developed to become the central resource for all sales and marketing collaterals for authorised reseller.
      2. For the use of Reseller Net solely these terms of use apply. The User must accept these terms of use. Concerning the sales and distribution of WACOM products solely the respective terms and conditions of distribution apply.
    2. Services provided by WACOM
      1. By providing the Reseller Net, WACOM wants to help its dealers to increase their sales and profit by selling WACOM products. The Reseller Net shall contain sales and marketing tools to enable the dealer to effectively promote and sell WACOM products within the corporate guidelines. At any time WACOM is authorised to change, add and stop the operation of the website or several features.
      2. WACOM does not warrant the permanent and comprehensive availability of the Reseller Net. The availability could be affected by faults of public telecommunication networks or other circumstances which are not in the control of WACOM. Wacom subjects to temporary restrictions of the services through maintenance work and further development, as far as they are necessary for a proper and upgraded operation.
    3. Requirements for Participation It is permitted solely for WACOM dealers to have access to the Reseller Net. This assumes the active sale of WACOM products and the purchase from authorised WACOM distributors in the respective country of the dealer.
    4. User`s duties and obligations
      1. By participating in the Reseller Net the User accepts the following conditions:
        • Optional information as well as personal and business-related data will be saved by WACOM.
        • The User must accept these terms and those which are itemised on other webpages of this website.
        • If the User is receiving notification of content due to Reseller Net he must keep it confidential.
      2. The User undertakes to refrain from any action which may jeopardise the operating mode and any data access without permission.
      3. Personal access data (such as code word or keyword) shall not be disclosed to third parties. It is the User's responsibility to ensure that his access data remain strictly confidential and personal. The User is liable for unauthorised use of his personal saved data if he has enabled the use due to his behavior.
    5. Intellectual Property
      1. WACOM will make content, including but not limited to images, text templates, videos, factsheets and logos, available on the Reseller Net. These materials are protected by copy- and trademark rights. They are owned solely by WACOM.
      2. WACOM grants the User a revocable, non-exclusive, non-transferable (with the exception that WACOM allows the User the assignment of an authorised agent), global license free of charge for the sole scope of promoting WACOM products. The license will solely be granted if the User accepts the terms of use.
      3. Any content, made available on Reseller Net, may solely be used without covering, distorting, affecting or compromising WACOM's property rights.
      4. WACOM is entitled to rescind the license any time without giving reasons. If so the User must delete and/or destroy any existing copy of such licensed object immediately.
    6. Liability
      1. Irrespective of the legal basis of a claim, WACOM shall only be liable for itself and its vicarious agents in case of intentional acts or omissions or gross negligence. 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.
      2. 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.
      3. The limitation of liability contained in these Terms and Conditions shall not apply to claims under the German Product Liability Act.
    7. Data Protection
      1. If WACOM collects, processes and stores personal data, communicated by you (as title, name, address, birthday, e-mail address, telephone number, fax number) this is subject to the applicable rules of German data protection law.
      2. Your personal data as far as is required in order to draw up, structure the contents of or change the contractual relationship (inventory data), are required for the handling of your contracts. Your express consent is required for a wider use of your details for the purposes of advertising, market research or to organise our offers to meet the needs of clients.
      3. Your personal data, as far as is required in order to provide and deduct the services (usage data), will be used only to conclude the contract between you and WACOM. Such usage data include in particular the features necessary to identify the client as the user, information as to beginning and end as well the extent of the respective use and information as to the telecommunications media used by the client as user.
      4. If you require further information or wish to see your consent form or revoke your consent to the use of your personal details, or if you wish to revoke consent to the use of your user details, our support line is available at dealer@wacom.eu.
    8. Miscellaneous
      1. This agreement shall be governed by the laws of the Federal Republic of Germany, not including the UN Convention on Contracts for the International Sale of Goods (CISG). Düsseldorf, Germany, shall be the place of venue. However, Wacom can also bring action against User at the latter’s general legal venue.
      2. If any provision of these terms is held to be void, this shall not affect the validity of the remaining provisions of this agreement. The void provision shall be replaced by a suitable alternative provision which best achieves the intention of the parties at the time of signing this agreement.
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