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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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.
35


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