9
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.
2014 © VTech Printed in China 91-002964-004
US