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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.
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