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2. LICENSE TERMS. VTECH grants to you, subject to the terms, conditions and
limitations further defined in this Agreement, a non-exclusive, non-sublicenseable,
non-transferable license for non-commercial use, and to use the Documentation
in connection with such use of the Software. Any modifications, upgrades, error
corrections, or other updates to the Software provided by VTECH to you shall
be deemed part of the Software and use thereof shall be governed by the terms
and conditions of this Agreement, unless the parties have entered into a separate,
written agreement governing such modifications, upgrades, error corrections, or
other updates.
3. RESTRICTIONS ON REVERSE ENGINEERING AND SECURITY. Except to the extent
otherwise expressly and unambiguously authorised by VTECH or to the extent
such restrictions are explicitly prohibited by applicable law, you shall NOT reverse
engineer, decompile, disassemble, translate or attempt to learn the source code of
the Software (ii) copy, modify, create derivative works of, distribute, sell, assign,
pledge, sublicense, lease, loan, rent, timeshare, deliver or otherwise transfer the
Software (iii) remove from the Software, or alter or add, any copyright, trademarks,
trade names, logos, notices or markings (iv) violate, tamper with or circumvent any
security system or measures implemented by VTECH which are designed to prevent
unauthorised copying of the Software. Any such forbidden use shall immediately
terminate your license to the Software without any prior notice.
4. LIMITED WARRANTY. VTECH warrants to you – subject to your compliance
with the terms herein – that for a period of ninety (90) days from the date you
purchase the Product, the Software will substantially conform to VTECH’s published
specifications for the Software. Your sole and exclusive remedy under the foregoing
warranty shall be for VTECH, at its choice, to use commercially reasonable efforts to
correct any substantial non-conformity of the Software reported to VTECH in writing
within the warranty period and/or provide a replacement copy of the Software. The
foregoing warranty shall not apply to any non-conformity that is caused by (i) the
use or operation of the Software with an application or in an environment other than
that intended or recommended by VTECH, (ii) modifications to the Software not
made by VTECH or (iii) third party hardware or software provided by any third party.
VTECH MAKES NO WARRANTIES THAT THE SOFTWARE IS ERROR FREE OR IS
SUITABLE FOR YOUR PURPOSES. VTECH MAKES NO WARRANTIES OTHER THAN
THOSE SET FORTH ABOVE, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES,
WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE
OR DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
VTECH, ITS RESELLERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL VTECH BE LIABLE FOR
ANY LOSS OF PROFITS, USE OF DATA, COST OF REPLACEMENT GOODS OR
HARDWARE, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE
DOWNLOAD OR DOCUMENTATION, EVEN IF VTECH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. YOU AGREE THAT IN NO EVENT WILL
VTECH’S AGGREGATE LIABILITY HEREUNDER OR RELATED TO YOUR USE OF
THE SOFTWARE OR DOCUMENTATION EXCEED THE AMOUNT PAID FOR THE
PRODUCT AND/OR SOFTWARE.
6. TERMINATION. This License Agreement will automatically terminate if you fail
to comply with any term thereof. No notice shall be required from VTECH to effect
such termination.
