Vtech InnoTab 2S Pink Wi-Fi Learning App Tablet User Manual - Page 37

34

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.

VTECH MAKES NO WARRANTIES THAT THE SOFTWARE IS ERROR FREE OR IS

SUITABLE FOR YOUR PURPOSES. VTECH MAKES NO WARRANTIES OTHER THAN

THOSE SET FORTH ABOVE, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES,

WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE

OR DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR

NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY

VTECH, ITS RESELLERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY.

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL VTECH BE LIABLE FOR ANY LOSS

OF PROFITS, USE OF DATA, COST OF REPLACEMENT GOODS OR HARDWARE,

OR OTHER INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES

ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE DOWNLOAD

OR DOCUMENTATION, EVEN IF VTECH HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE

OF ANY REMEDY. YOU AGREE THAT IN NO EVENT WILL VTECH’S AGGREGAT

E

LIABILITY HEREUNDER OR RELATED TO YOUR USE OF THE SOFTWARE OR

DOCUMENTATION EXCEED THE AMOUNT PAID FOR THE PRODUCT AND/OR

SOFTWARE.

6. TERMINATION. This License Agreement will automatically terminate if you fail to

comply with any term thereof. No notice shall be required from VTECH to effect

such termination.

E

N

D

U

S

E

R

L

I

C

E

N

S

E

A

G

R

E

E

M

E

N

T

Vtech InnoTab 2S Pink Wi-Fi Learning App Tablet User Manual - Page 37

Limitation Of Liability. In No Event Shall Vtech Be Liable For Any Loss

Page 37 highlights