Manual VTech KidiCom Advance V2 (page 11 of 14) (English)

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IF YOU ARE UNDER THE AGE OF 18 OR ARE OTHERWISE CONSIDERED A MINOR

IN YOUR JURISDICTION, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS

WITH YOUR PARENT OR GUARDIAN (COLLECTIVELY, “PARENT”) AND MAKE SURE

THAT YOUR PARENT UNDERSTANDS AND AGREES ON YOUR BEHALF TO THESE

TERMS AND CONDITIONS.

WHEREVER THIS AGREEMENT REFERS TO “YOU” OR “YOUR,” IT IS MEANT TO

INCLUDE BOTH PARENT AND CHILDREN USERS, EXCEPT WHERE A CHILD IS NOT

OF SUFFICIENT LEGAL AGE TO ENTER INTO A BINDING CONTRACT (SUCH AS AN

E-COMMERCE TRANSACTION) OR PROVIDE ANY REQUIRED CONSENTS (SUCH

AS CONSENT TO DATA COLLECTION, PROCESSING, OR TRANSFERS), IN WHICH

CASE THE PARENT OF SUCH CHILD HEREBY ACKNOWLEDGES AND AGREES HE/

SHE IS ACTING ON THE CHILD’S BEHALF TO EFFECTUATE SUCH CONTRACTS OR

CONSENTS AND IS FULLY LIABLE FOR THE ACTIONS OR INACTIONS OF SUCH

CHILD WITH RESPECT TO THE USE OF THE SOFTWARE AND RELATED SERVICES.

1. OWNERSHIP. The Software and Documentation (including all content contained

within the Product) are owned by VTECH, or its licensors, and are protected by

international copyright and other intellectual property laws. The Software and

Documentation shall only be used by you in accordance with this Agreement.

The Software and Documentation are licensed, not sold. Except as specifically set

forth herein, VTECH and its licensors retain all right, title and interest, including all

intellectual property rights, in and to the Software and Documentation.

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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VTech KidiCom Advance V2 Manual

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