Vtech KidiBuzz 3 - Purple User Manual - Page 10

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, nonsublicenseable, 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. 9