User's Manual
86 Barnes & Noble NOOKcolor User Guide
3. Prohibited Conduct. In your use of your NOOKcolor or the Service, you may not: (i) transfer the Digital Content
from one electronic reading device to another without maintaining the applicable digital rights management solution
for that Digital Content; (ii) infringe, violate, or interfere with any patent, trademark, trade secret, copyright, right
of publicity or any other right of any party; (iii) violate any law, rule or regulation, including, without limitation, U.S.
export control laws; (iv) copy, transfer, sublicense, assign, rent, lease, lend, resell or in any way transfer any rights to
all or any portion of the Digital Content to any third party, except in connection with the normal use of the lending
feature available through the Service, or as expressly permitted by the Terms of Use or applicable third-party license
agreement; (v) broadcast, transmit or distribute the Digital Content in any manner, such as online streaming or mak-
ing the Digital Content available for download; (vi) interfere with or damage the Service, including, without limitation,
through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or
IP spoofing, forged routing or electronic mail address information or similar methods or technology; (vii) violate any
third-party contract or policy governing the Service, Software or Digital Content; (viii) open, modify, service or tam-
per with your NOOKcolor; (ix) engage in any activity that interferes with any third party’s ability to use or enjoy the
Service; (x) delete, destroy or alter in any manner the proprietary rights notices, markings and legends appearing on
your NOOKcolor, or the Digital Content, Software or Service; or (xi) assist or encourage any third party in engaging
in any activity prohibited by this Agreement.
4. Privacy and Security.
(a) Privacy. You agree that we may use, collect and share your information in accordance with our Privacy Policy.
Without limitation, we will collect, use and/or disclose information regarding you and your use of your NOOKcolor
and the Service in order to: (i) provide the Service to you; (ii) permit you to engage in activities that you initiate
through the Service, such as purchasing Digital Content and reviewing products; and (iii) analyze, operate, support,
maintain and improve your NOOKcolor or the Service.
(b) Security. We employ measures designed to ensure the security of the Service, but, as provided below, make no
guarantees in this regard.
5. SUPPORT. WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE OR THE SERVICE.
YOUR ABILITY TO ACCESS CERTAIN DIGITAL CONTENT FROM A GIVEN SOURCE MAY DEPEND ON
YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF THE SOFTWARE. WE AND OUR SUPPLIERS
OR LICENSORS MAY, WITHOUT FURTHER NOTICE TO YOU, PERIODICALLY ACCESS YOUR NOOKcolor
REMOTELY TO UPDATE, MODIFY, ADD TO OR UPGRADE THE SOFTWARE. IN RARE INSTANCES, SUCH
UPDATES, MODIFICATIONS, ADDITIONS OR UPGRADES MAY CAUSE DATA LOSS OR OTHER ISSUES. YOU
ARE SOLELY RESPONSIBLE FOR REGULARLY BACKING UP THE DATA STORED ON YOUR NOOKcolor TO
PREVENT THIS FROM OCCURRING.
6. Indemnification. You will defend, indemnify and hold us and our aliates, and our and their employees, representa-
tives, agents, attorneys, directors, ocers, managers, shareholders, suppliers and licensors (the “Indemnified Parties”)
harmless from any damage, loss, cost or expense (including, without limitation, attorneys’ fees and costs) incurred in
connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemni-
fied Parties arising from, related to, or connected with your alleged breach of this Agreement. If you are obligated to
provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition
of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or
in any other manner dispose of any Claim without our written consent.
7. DISCLAIMERS; EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. EXCEPT FOR THE ONE YEAR LIMITED WARRANTY THAT WE PROVIDE
FOR YOUR NOOKcolor, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE YOUR NOOKcolor, THE DIGI-
TAL CONTENT, THE SOFTWARE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT