Vtech InnoTab 3S The Wi-Fi Learning Tablet Pink User Manual - Page 39

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

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LEGAL NOTICES 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. 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 AGGREGATE 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. 36

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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.
V
TECH 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 AGGREGATE 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.
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