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114 Barnes & Noble NOOK HD User Guide
removed, tampered with or defaced or if your NOOK has been opened or serviced without authorization, tampered
with, altered or modified. Please note that opening the back cover of your NOOK to change the battery, external SD
card or back cover will void this Limited Warranty, except to the extent that such opening is done through a custom-
er-accessible opening and in accordance with the instructions provided with the NOOK.
This Limited Warranty applies to your NOOK only (i.e., the hardware), and not to the software within your NOOK.
Please refer to the NOOK TERMS OF SERVICE for your rights and remedies with respect to such software.
Similarly, this Limited Warranty does not cover downloaded data or materials, or accessories and peripherals, except
as expressly provided above.
WHAT OTHER LEGAL TERMS APPLY TO THIS LIMITED WARRANTY?
Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET
FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDI-
TIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, B&N SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS NOT
EXPRESSLY PROVIDED FOR IN THIS LIMITED WARRANTY, INCLUDING, WITHOUT LIMITATION, WARRAN-
TIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE AND
AGAINST HIDDEN OR LATENT DEFECTS.
Modification
No employee or representative of B&N or its aliates or any third party is authorized to make any modification,
extension or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforce-
able, the remaining terms of this Limited Warranty will remain in full force and eect.
Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER B&N NOR ITS AFFILIATES NOR ITS LICENSORS
WILL 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 OR USE OF YOUR NOOK, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE
OR LOST DATA, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MIS-
REPRESENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, AND EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion
may not apply to you.
Applicable Law
This Limited Warranty is valid only in the United States of America. The laws of the State of New York, U.S.A. will
apply to this Limited Warranty, though the laws of your state of residence may apply to any tort claims and any
claims under any consumer protection statutes, as provided under applicable law.