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NOOK User Guide Policies 186
a gift receipt), your rights to receive a replacement NOOK or a refund are provided in the One Year
Limited Warranty.
(c) Terms of Use. You must open a Barnes & Noble.com account and register your NOOK
in accordance with the Terms of Use on the Web Site (the “Terms of Use”) in order to use the
Service. In your use of the Service, in particular, your downloading and use of Digital Content, you
must comply with the Terms of Use and any terms applicable to any Digital Content that you obtain
from a third party. The Terms of Use will apply when you access the Web Site in connection with
using your NOOK.
(d) Wireless Connection. Your NOOK has built-in wireless Internet connectivity capabilities.
We will use commercially reasonable eorts to provide wireless Internet connectivity at no
additional cost to you. The wireless connectivity is provided by a third-party carrier and may be
subject to restrictions and limitations imposed by such carrier, such as coverage area, file size and
carrier policies.
(e) No Responsibility for Digital Content. Your NOOK is designed to permit you access to
a wide variety of Digital Content, some of which may be inappropriate for, or oensive to, some
readers. We do not exercise any editorial control over the Digital Content. We provide only your
NOOK 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
NOOK 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 NOOK, 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 NOOK, you agree that you have read, understand
and agree to be bound by such terms.
(c) Reservation of Rights. The sale of your NOOK to you does not transfer to you any right,
title or interest in 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. © 2009 BARNES & NOBLE, INC. ALL RIGHTS
RESERVED. Your NOOK, portions thereof, the Service or methods or processes related to either
of them may be covered by one or more patents or pending patent applications. NOOK™, n™,
Barnes & Noble® and B&N® are our trademarks. Other trademarks shown on your NOOK or
through the Service are owned by our suppliers or licensors. 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