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 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
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