9
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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