End User License Agreement - VTech InnoTab 3 Baby User Manual

END USER LICENSE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VTECH INC. ("VTECH"), STATING THE TERMS
THAT GOVERN YOUR USE OF SOFTWARE FOR INNOTAB 3 BABY OR IN CONNECTION WITH
®
THE APPLICATION OF SOFTWARE ("SOFTWARE"). "SOFTWARE" INCLUDES AUDIO FILES FOR
THE INNOTAB 3 BABY SYSTEM.
®
BY ACTIVATING, USING, DOWNLOADING OR INSTALLING THIS SOFTWARE , YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHT TO USE THE SOFTWARE
IS CONDITIONAL UPON YOUR AGREEMENT TO THESE TERMS. IF YOU DETERMINE THAT YOU
ARE UNWILLING TO AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU HAVE NO
RIGHT TO USE THE SOFTWARE AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO
VTECH OR DELETE IT.
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,
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