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NOOK User Guide Policies 187
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 NOOK; (ii) use, copy,
modify, distribute copies of, display or transmit 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 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 NOOK or the Service, including, without limitation, altering any digital
rights management functionality of your NOOK 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 “commercial 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 limited 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
incorporated 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.
3. Prohibited Conduct. In your use of your NOOK 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 making 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 tamper with your NOOK; (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 NOOK, or the
Digital Content, Software or Service; (xi) use the wireless connectivity provided by us for any other
purpose other than in connection with the Service; or (xii) assist or encourage any third party in
engaging in any activity prohibited by this Agreement.
4. Privacy and Security.