User Guide

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 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.