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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.
V
TECH 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.
