User's Manual

Barnes & Noble NOOKcolor User Guide 85

(f ) No Responsibility for Digital Content. Your NOOKcolor is designed to permit you access to a wide variety of

Digital Content, some of which may be inappropriate for, or oensive to, some readers. We do not exercise any

editorial control over the Digital Content. We provide only your NOOKcolor and the Service, which are intended to

allow you access to the Digital Content. Under no circumstance will we be liable for any loss, damage or harm caused

by your access to or reliance on the Digital Content. You must determine whether the Digital Content accessed

through your NOOKcolor is appropriate, useful, accurate and complete. Your use of the Digital Content and the

Service is solely at your own risk.

2. License and Intellectual Property.

(a) License. Subject to your compliance with and the terms and conditions of this Agreement, we grant you a non-

exclusive, revocable license to make personal, non-commercial use of: (i) the Service; (ii) the software loaded onto

your NOOKcolor, as may be updated, modiﬁed, added to or upgraded from time to time (the “Software”); and (iii)

any printed or electronic documentation for such Software (the “Documentation”), all solely for the purposes that

we intend, as described on the Web Site and in the Documentation.

(b) Third-Party Software. Certain portions of the Software are subject to separate licensing terms as set forth in

Attachment 1. By using your NOOKcolor, you agree that you have read, understand and agree to be bound by such

terms. Such portions of the Software are also subject to the copyright notices contained in such Attachment and in

the User Guide.

or to any of our intellectual property rights or those of our suppliers or licensors. For example, all Software is either

owned by us or is the property of our suppliers or licensors. The Software has been licensed, not sold, to you. ©

ing. Most trademarks shown on your NOOKcolor, such as nook™, NOOKcolor™, n™, VividView™, Daily Shelf™,

LendMe™, More In Store™, Barnes & Noble® and B&N®, are owned by Barnes & Noble, Inc. or its subsidiar-

ies. Certain other trademarks shown on your NOOKcolor or through the Service are owned by our suppliers or

licensors or other third parties. Please see the attribution page in the User Guide for more information. All Rights

Reserved. Other than the limited license granted to you in this Section 2, you have no other right, title or interest in

or to the Service, Software or Documentation. Any rights not expressly granted to you are fully reserved by us and

our suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or

otherwise.

(d) Restrictions. Except as may be expressly permitted by this Agreement, you may not, directly or indirectly: (i) use

the Software on any device other than your NOOKcolor; (ii) use, copy, modify, distribute copies of, display or trans-

mit the Software; (iii) disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from

or otherwise attempt to discover the source code of the Software or the technology used to provide the Service or

attempt to reduce the Software to human-readable form; (iv) bypass, modify, defeat, tamper with or circumvent any

of the security features of your NOOKcolor or the Service, including, without limitation, altering any digital rights

management functionality of your NOOKcolor or the Software; or (v) share access to the Software or Service,

whether through a network, resale or other means.

(e) U.S. Government End Users. The Software and Documentation are “commercial computer software” or “com-

mercial computer software documentation” as those terms are deﬁned in 48 C.F.R. 252.227-7014(a)(1) (2007) and

252.227-7014(a)(5) (2007). The U.S. Government’s rights with respect to the Software and Documentation are lim-

ited by this Agreement pursuant to FAR §§ 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995)

and/or DFAR 227.7202-3, as applicable. As such, the Software and Documentation are being licensed to the U.S.

Government end users: (i) only as “Commercial Items” as that term is deﬁned in FAR 2.101 generally and as incorpo-

rated in DFAR 212.102; and (ii) with only those limited rights as are granted to the public pursuant to this Agreement.

Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to

other users, as provided for in this Agreement.