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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 authorized 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 unauthorized
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.
ENd
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