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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.

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.