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NOOK User Guide Policies 191
away, or otherwise transfer your NOOK; provided, however, that the person to whom you transfer
your NOOK must register your NOOK in their name. You will be responsible for all use of your
NOOK until that NOOK is registered in their name. Similarly, if you lend your NOOK to another
person or another person otherwise uses your NOOK, you will be responsible for that person’s
use of your NOOK. We may freely assign or transfer this Agreement or any of our rights and
obligations under it.
15. Additional Terms. This Agreement contains the entire understanding between you and us
regarding the use of your NOOK and the Service, and supersedes all prior and contemporaneous
agreements and understandings between you and us regarding this subject matter. The provisions
of this Agreement are intended to be severable. If for any reason any provision of this Agreement
is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision
shall, as to such jurisdiction, be ineective to the extent of such invalidity or unenforceability
without in any manner aecting the validity or enforceability thereof in any other jurisdiction or the
remaining provisions hereof in that or any other jurisdiction. Our aliates, suppliers and licensors
are intended third-party beneficiaries of Sections 2, 3, 5, 6, 7, and Attachment 1 of this Agreement.
Our failure to exercise or enforce any right or provision of this Agreement will not operate as a
waiver of such right or provision. This Agreement is binding upon each party and its successors and
permitted assigns.
ATTACHMENT 1
THIRD PARTY SOFTWARE TERMS
1. Notwithstanding anything to the contrary in this Agreement, certain components of the
Software are licensed subject to the General Public License Version 2.0, a copy of which is attached
as Exhibit A (the “GPL License”). You may not use these components except in compliance with
the GPL License. In addition, you may have additional rights with respect to such components
under the GPL License, including, without limitation, the right to obtain the source code for such
components from us. You may obtain a copy of such source code by contacting us through the
contact information provided on the Web Site. We will provide such source code in accordance
with the GPL License.
2. Notwithstanding anything to the contrary in this Agreement, certain components of the
Software (as defined herein) are licensed subject to the Apache License, Version 2.0, a copy of
which is attached as Exhibit B (the “Apache License”). You may not use these components except
in compliance with the Apache License. In addition, you may have additional rights with respect
to such components under the Apache License. Unless required by applicable law or agreed
to in writing, software distributed under the Apache License is distributed on an “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the
Apache License for the specific language governing permissions and limitations under the Apache
License.
3. Notwithstanding anything to the contrary in this Agreement, the Software includes
software developed by Marvell International Ltd. (“Marvell”) and its aliates (“Marvell Software”).
Copyright © MARVELL INTERNATIONAL LTD. AND ITS AFFILIATES. ALL RIGHTS RESERVED.
Redistribution and use in binary form, without modification, are permitted provided that the
following conditions are met: (a) Redistributions must reproduce the above copyright notice and