8
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.
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.
