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NOOK User Guide Policies 188
(a) Privacy. You agree that we may use, collect and share your information in accordance with
our Privacy Policy. In particular, we will collect, use and/or disclose information regarding you and
your use of your NOOK 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 NOOK 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. WE AND OUR SUPPLIERS OR LICENSORS MAY, WITHOUT
FURTHER NOTICE TO YOU, PERIODICALLY ACCESS YOUR NOOK 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 NOOK TO PREVENT THIS FROM OCCURRING.
6. Indemnification. You will defend, indemnify and hold us and our aliates, and our and
their employees, representatives, 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 Indemnified 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 NOOK, WE AND OUR SUPPLIERS AND LICENSORS
PROVIDE YOUR NOOK, THE DIGITAL CONTENT, THE SOFTWARE AND THE SERVICE ON
AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY
WHATSOEVER. THE USE OF YOUR NOOK, THE SERVICE, DIGITAL CONTENT AND
SOFTWARE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR WARRANT THAT YOUR
NOOK, THE SOFTWARE, THE SERVICE OR THE DIGITAL CONTENT, OR ITS OR THEIR
USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES
OR ERRORS; OR (III) MEET YOUR REQUIREMENTS. WE HEREBY DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT
DEFECTS, SECURITY, MERCHANTABILITY, QUIET ENJOYMENT AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE
AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT
DAMAGES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR PURCHASE