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I think you gave up too soon.
Yes, there is an odd sort of "double" drivers that happens with Wacom and the Windows pen support, and as usual I'm sure they blame each other. But that is all totally fixable. In the Pen and Touch setting in the Control Panel, you first off disable everything in the Flicks tab.
Then under the Press and Hold settings of Pen Options, make sure to un-check "Enable press and hold for right-clicking".
Next, in the Wacom Tablet Properties applet, make sure the Intuos Tablet setting of Tablet Mode is set to Standard, and not Recognition Data.
At the bottom of the applet is Options. It needs to be set for Hover Click, not the Windows default of "Click & Tap".
Do these steps and you're good to go. It's not just the Intuos 5, it's all of them that have this conflict. However, I'm running Windows 8 Pro 64-bit and have no issues using the pen with Max or any other graphics app.
My Space Mouse on the other hand, does not play as nicely with Win 8 and Max, even though supposedly the driver is real. It just doesn't seem to work in Max anymore, or some times does and others not.
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