The NOOK Terms of Service and the NOOK Video Terms of Service (these "Agreements") are legally binding agreements made by and between Barnes & Noble S.à r.l., a Luxembourg société à responsabilité limitée, having its registered address at 2, rue Joseph Hackin, L-1746 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg Register of Commerce and Companies under number B 167.208 and having a share capital of EUR 12,500 ("we," "us," or "our") and you regarding your use of your NOOK device and the services we provide ("NOOK").
IN ORDER TO AGREE TO THESE AGREEMENTS, YOU MUST BE AT LEAST 18 YEARS OF AGE. IF YOU ARE UNDER 18, YOU MUST OBTAIN YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO ENTER INTO THESE AGREEMENTS.
THESE AGREEMENTS SET FORTH THE RIGHTS AND OBLIGATIONS APPLICABLE TO THE USE OF YOUR NOOK AND THE SERVICES WE PROVIDE, SO PLEASE READ IT CAREFULLY BEFORE USING YOUR NOOK OR SUCH SERVICES. BY USING YOUR NOOK, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE AGREEMENTS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MUST RETURN YOUR NOOK AND RELATED SOFTWARE AS PROVIDED IN SECTION 1(b) BELOW.
THIS AGREEMENT GOVERNS YOUR USE OF YOUR NOOK, THE SERVICE, AND DIGITAL CONTENT, EXCEPT FOR NOOK VIDEO.
(a) Your NOOK, the Service and Digital Content. Your NOOK is an electronic device that is designed to allow you to use digitized electronic content such as eBooks, digital periodicals, catalogs, television shows and movies ("Digital Content"). Your NOOK is also designed to connect wirelessly to the Internet to enable you to browse, preview, search for, purchase and download Digital Content; access the NOOK.co.uk Web Site (the "Web Site") and other web sites; interface with social networking sites; and access, use, and participate in other services, features, functions and promotions (all features described in this sentence, collectively, the "Service"). Your NOOK may also allow you to load and access your own content onto the device for your personal use (“Sideloaded Content”). The use of certain Digital Content and other software and services we provide may be governed by additional terms and conditions. If you use such Digital Content, software or services, you will be subject to the terms and conditions applicable thereto, and if this Agreement is inconsistent with such additional terms and conditions, those terms and conditions will control.
(b) Returns. If you purchased your NOOK from the Web Site you may return your NOOK (and any related accessories and documentation that were shipped with your NOOK) within fourteen (14) days of the date of purchase (sixty (60) days with a gift receipt) for a refund of its purchase price; provided that you return your NOOK (including any included accessories and peripherals) in its original packaging and in undamaged condition. The procedures for contacting us to arrange for a return are provided in the One Year Limited Warranty. If you discover a defect in your NOOK after fourteen (14) days (sixty (60) days with a gift receipt), your rights to receive a replacement NOOK or a refund are provided in the One Year Limited Warranty. If you purchased your NOOK from another retailer, your right to return your NOOK (and procedures for doing so) will be governed by the policies of that retailer. Please check with your retailer for the applicable returns policy and procedure.
Additional rights for online sales. You may cancel the contract formed online with us, without cause, at any time within seven (7) working days, beginning on the day after you received your NOOK. In this case, you will receive a full refund of the price paid for the NOOK. To cancel the contract, you must inform us in writing. You must also return your NOOK to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the NOOK while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
(c) Terms of Use. You must open a www.NOOK.co.uk account and register your NOOK in accordance with the Terms of Use for the Web Site and for NOOK Video (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.
(d) NOOK Profiles. The NOOK “Profiles” feature allows you to create up to five (5) additional personal Profiles to allow for a more personalized NOOK experience. You are not permitted to create Profiles for adults who are not part of your household or children who are not your children or for whom you are not the legal guardian. If you are the holder of the primary account registered with your NOOK, you are jointly and severally legally and financially responsible for the actions of Profiles associated with your primary account. We are not responsible and have no liability for any unauthorized usage of any Profile. Minors under 18 years of age (“Child”) must obtain the consent of their parent or legal guardian to this Agreement and the Privacy Policy. If you create a Profile for your Child, you affirm that you accept this Agreement on behalf of, and all legal and financial responsibility and liability for the actions of your Child, and you expressly confirm any acts of your Child. Deletion or termination of your primary NOOK account may result in the deletion or termination of all Profiles. Using the control panel on your NOOK, you as the primary account holder have the option of setting controls on the content and features that your Child may access. These include the ability to authorize or prohibit: (i) browsing and/or shopping Digital Content on the Service; (ii) viewing certain Digital Content for which third parties provide ratings information, such as television shows or movies; and (iii) browsing the internet via a web browser. If you permit your Child to shop in the NOOK store, you consent to your Child purchasing Digital Content using the credit card that is associated with your account, and to your Child’s ability to post Digital Content reviews in the NOOK store that will be posted in the name of the primary account holder. You are responsible for any purchases that your Child makes.
e) Wireless Connection. Your NOOK has built-in wireless Internet connectivity capabilities. The connectivity is subject to restrictions and limitations imposed by the internet service provider associated with the Wi-Fi hotspot that you use, such as fees, coverage area, file size and policies. You can choose to connect or disconnect at any point to a different Wi-Fi hotspot and thus choose a different ISP service. Such Internet connectivity capability is also subject to the limitations inherent in the type of NOOK that you own. We are not responsible for any restrictions, limitations or downtime caused by the ISP service you select to connect your NOOK to or for any material that contains viruses, Trojan horses, worms or any other harmful programs or similar computer code that may be transmitted to your NOOK while using the built-in wireless Internet connectivity. Use of the NOOK built-in wireless connectivity is entirely at your own risk.
(f) B&N Online Library. Your NOOK is designed to permit you to store your account information and Digital Content that you purchase in an online “library” hosted in our “cloud” storage facility. When your NOOK is connected to the Internet, we will use reasonable efforts to permit you to access this library. While much Digital Content is intended to be stored for as long as we offer the Service, certain Digital Content , such as newspapers, magazines, catalogs, movies and/or television shows, may be set to be automatically deleted after a certain period of time (depending on the Digital Content). If you want to automatically archive your Digital Content, you should check the appropriate settings on your NOOK to ensure that it is set up to do so.
(g) No Responsibility for Digital Content or Sideloaded Content. Your NOOK is designed to permit you access to a wide variety of Digital Content, some of which may be inappropriate for, or offensive 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. Further, it is possible that an update to the NOOK software or an error in the NOOK or Services may cause a loss of data, including your Sideloaded Content. You should keep a backup copy of your Sideloaded content at all times; we are not responsible for any loss of Sideloaded Content that may occur for any reason. You represent and warrant that you have all rights (including intellectual property rights) necessary to copy, use and access the Sideloaded Content via your NOOK; we have no responsibility with respect to your use of the Sideloaded Content.
(h) Social Features. Your NOOK contains certain social features, such as NOOK Friends and access to Facebook, that allow you to share information (including the contents of your library) with other people. Social features provided by Barnes & Noble will provide privacy settings that allow you to control some elements of these features. You are responsible for the privacy settings on any third-party social features enabled via your NOOK. Barnes & Noble is not responsible for any information that you may share as a result of enabling any social features.
(i) Software Updates. In order to keep your Software up-to-date, from time to time your NOOK may be provided with automatic updates, modifications, additions, or upgrades to its Software.
(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 of using your NOOK and the Service, 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. Such portions of the Software are also subject to the copyright notices contained in such Attachment and in the Documentation.
(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. © 2010-2012 BARNESANDNOBLE.COM LLC AND ITS AFFILIATES, SUPPLIERS AND LICENSORS, ALL RIGHTS RESERVED. Patent Pending. Most trademarks shown on your NOOK, such as NOOK®, NOOK® HD, NOOK® HD+, NOOK Tablet™, n®, Daily Shelf™, LendMe®, More In Store™, NOOK Books™, NOOK Friends™, NOOK Kids™, Read and Play™, Read and Record™, Read Forever™, Read In Store™, Read To Me™, VividView™, Barnes & Noble® and B&N®, are owned by barnesandnoble.com llc or its affiliates or subsidiaries. Certain other trademarks shown on your NOOK or through the Service are owned by our suppliers or licensors or other third parties. Please see the attribution page in the User Guide for more information. All Rights Reserved. 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 affiliates, 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 the 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.
In your use of your NOOK or the Service, you may not: (i) transfer the Digital Content from one 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 of Luxembourg law (and/or any other law applicable to you) including, but not limited to, posting on or transmitting through the use of social network facilities or the NOOK or the Services, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law in the Grand Duchy of Luxembourg and/or in any other country; (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; or (xi) assist or encourage any third party in engaging in any activity prohibited by this Agreement.
(a) Privacy. You agree that we may use, collect and share information in accordance with our Privacy Policy uk.nook.com/legal/privacy. Without limitation, 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. We reserve the right to make changes to our Privacy Policy at any time.
(a) Children’s Privacy. If you create a Profile for a Child, you consent for us to collect, use and disclose, pursuant to our Privacy Policy, information from your Child’s use of his or her Profile, which may include personally identifiable information. If you do not wish to provide this consent, do not create a Profile for your Child. When you create a Profile for a Child under age 13, the credit card associated with your account will be used to verify parental consent required under applicable law. Your credit card will be charged one pence (£0.01) to validate your consent. Other than the one pence (£0.01) transaction, there are no fees associated with creating a Profile, and if you create a Profile for a person age 13 or above, no credit card validation will be performed. If you create a Profile for your Child, you acknowledge we are not responsible for any personal information that your Child publicly discloses, intentionally or unintentionally, by posting reviews on the Web Site or by using the internet through the web browser. We recommend that as the parent or guardian of your Child, you discuss with your Child the importance of not disclosing his or her full name, address, school or other personally identifying information on the internet. As the parent or legal guardian of your Child, you are responsible for monitoring your Child’s access to the Profile and the Device, as well as any communications made or received by your Child through the internet.
(b) Security. We employ measures designed to ensure the security of the Service in accordance with applicable laws, but, as provided below, make no guarantees in this regard.
SAVE TO THE EXTENT STRICTLY REQUIRED BY APPLICABLE LAW (AND ONLY TO THE EXTENT SUCH APPLICABLE LAW CANNOT BE EXCLUDED), WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE OR THE SERVICE. YOUR ABILITY TO ACCESS CERTAIN DIGITAL CONTENT FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF THE SOFTWARE. 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.
You will defend, indemnify and hold us and our affiliates, and our and their employees, representatives, agents, lawyers, directors, officers, managers, shareholders, suppliers and licensors (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including, without limitation, legal 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.
(a) DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE LAWS.
(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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 OR USE OF YOUR NOOK, THE SERVICE, THE SOFTWARE, OR THE DIGITAL CONTENT, 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 MISREPRESENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF WE FAIL TO COMPLY WITH THESE TERMS OF SERVICE, WE SHALL ONLY BE LIABLE TO YOU FOR LOSSES THAT YOU SUFFER AS A RESULT OF OUR FAILURE TO COMPLY (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE) THAT ARE A FORESEEABLE CONSEQUENCE OF SUCH FAILURE.
NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR IN ANY WAY LIMIT OUR OR OUR SUPPLIERS' OR LICENSORS' LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OR OUR SUPPLIERS' OR LICENSORS' NEGLIGENCE, OR THAT OF OUR OR OUR SUPPLIERS' OR LICENSORS' EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE), FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
(d) OTHER JURISDICTIONS. CERTAIN LOCAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(e) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
We will not be liable for failing to perform under this Agreement because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, fire, an act of terrorism, natural disaster or war.
To the fullest extent permitted by local laws, the laws of the Grand Duchy of Luxembourg, without regard to principles of conflict of laws, will govern and be used to interpret this Agreement and any dispute or claim of any sort that might arise under it.
Subject to applicable laws, we both agree that the courts of the judicial district of Luxembourg City shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter.
(a) By Us. If in our sole and reasonable opinion we consider that you have violated any term or condition of this Agreement or may cause us, our suppliers or licensors, or another user of the Service financial loss or legal liability, we may, in our sole discretion, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate any of your rights to use or access all or any part of the Service.
(b) By You. You may terminate your use of the Service at any time by ceasing all use of the Service and deregistering your NOOK by following the process provided for on the Web Site.
(c) Effect of Termination. Following termination or suspension, you will not be permitted to use the Service, though termination/suspension of your right to use the Service will not affect your right to view Digital Content that you have already lawfully acquired and use in accordance with applicable Terms of Use. If your access to the Service is terminated or suspended, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Service, including, but not limited to, technological barriers, IP mapping and our direct contacts with telecommunications companies. This Agreement will survive indefinitely unless and until we choose to terminate it upon reasonable notice, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Service. You are responsible for payment of all outstanding balances accrued up to and through the termination date. All amounts paid to us are non-refundable, unless otherwise expressly provided for in this Agreement, the One-Year Limited Warranty, or the Terms of Use.
You hereby consent to receive electronic communications from us, whether addressed to the email address associated with your NOOK.co.uk account or other email address that you provide to us, or sent directly to your NOOK. To the maximum extent permitted by applicable law, you acknowledge and agree that any communication via email, message to your device or by postings on the Web Site satisfies any legal requirement that such communications be made in writing. You may give notice to us via email to the following address: nook@barnesandnoble.com. If you have general questions regarding your NOOK, you may send an email to customerservice@nook.co.uk though such a call or email will not suffice for notice under this paragraph. Notice will be effective upon our sending or receipt of it, as applicable.
To the maximum extent permitted by applicable law,we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify this Agreement in our sole discretion with or without notice to you. The current version of this Agreement can be found by clicking the “Terms of Service” link located at uk.nook.com/legal/terms. You should periodically review this Agreement so that you are aware of the terms and conditions that apply to your use of your NOOK and the Service. Your use of your NOOK or the Service after any modification, including but not limited to use of the Web Site, purchasing Digital Content, or viewing Digital Content previously purchased, constitutes your acceptance of the most recent version of this Agreement as modified.
This Agreement and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. You may, however, sell, give 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.
This Agreement, the Terms of Use and the Privacy Policy contain 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 ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction. Our affiliates, suppliers and licensors are intended third-party beneficiaries 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.
NOOK Video offers you the opportunity to browse, preview, search for and purchase a license under copyright to view, download and/or stream digital versions of movies, television shows and other video content (collectively, “Video Content”) for either a limited or indefinite period of time and download Video Content; access the Barnes & Noble.com Web Site (the "Web Site") and other web sites; and access, use, and participate in other services, features, functions and promotions (all features described in this sentence, collectively, “NOOK Video"). Any promotional clips or trailers available on NOOK Video shall also be considered Video Content for the purposes of this Agreement. We do not accept returns or refunds for Digital Content and Video Content once it is viewed (in part or in whole) and/or downloaded or streamed to your NOOK Video. If you have difficulty downloading, streaming or accessing Video Content, please contact Customer Service for assistance.
You must open a NOOK.co.uk account in accordance with the Terms of Use for the Web Site (the "Terms of Use") in order to use NOOK Video. In your use of NOOK Video, in particular, your downloading and use of Digital Content, you must comply with the Terms of Use and any terms applicable to any Video Content that you obtain from a third party.
Use of the NOOK Video service requires a personal computer, tablet, smartphone, internet-connected television or set-top box that is compatible with NOOK Video and capable of interacting with NOOK Video (each an “Authorized Device”). You may access NOOK Video solely on Authorized Devices, and you may not re-distribute or re-transmit Video Content from Authorized Devices to any other devices except as we may expressly permit. As our ability to provide NOOK Video services to you may depend on requirements and/or software established or provided by third parties, we may authorize or deauthorize Authorized Devices at any time in our sole discretion without liability to you. We make no guarantees that an Authorized Device will remain an Authorized Device for any particular period of time. Due to the hardware limitations and the restrictions of our third party content provider licensors (“Third Party Content Providers”), certain Authorized Devices may be authorized only for certain kinds of Video Content. For example, you may not be able to view high definition (“HD”) Video Content on every Authorized Device. We recommend that you ensure that your Authorized Device is capable of rendering in HD before purchasing HD Content.
The Video Content is protected by the copyright laws of the United States as well as other local intellectual property and copyright laws and treaties. Except for the rights explicitly granted to you in this Agreement, our Third Party Content Providers and their licensors retain all right, title and interest in the Video Content. We, our Third Party Content Providers and their licensors do not transfer any right, title or interest in or to the Video Content. The Video Content is licensed and not sold. You do not acquire any ownership rights in the Video Content as a result of streaming or downloading the Video Content. Subject to your payment of applicable fees and taxes and your compliance with this Agreement and the additional usage rules applicable to the Video Content (the “Additional Usage Rules”) set forth in this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the Viewing Period (as defined herein) only, to access, view and display the Video Content within the Territory in accordance with this Agreement and the NOOK Video Usage Rules solely for your Personal Use. As used herein: “Territory” means the United Kingdom; and “Personal Use” means accessing, viewing and displaying the Video Content in your private residence or other private venue where viewing is limited to you and your invitees. Personal Use excludes the following: (1) any public presentation of the Video Content, (2) any presentation in a commercial establishment, including but not limited to hotels, bars, restaurants or retail stores, and (3) any presentation for which fees, other than the fees you pay to us, are charged.
You may not transfer, copy, manipulate or display the Video Content except as permitted in this Agreement. Without limiting the generality of the preceding sentence, you may not: (1) duplicate or otherwise reproduce (including but not limited to “burning”) the Video Content, or any portion thereof, onto any physical medium, memory or device, including but not limited to CDs, DVDs, personal computers, external disc drives and other hardware, or any other medium now known or hereinafter devised; (2) decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Video Content is stored to a human-readable form; (3) sell, lease, distribute, rent, broadcast, license, transfer, convey or assign any right to the Video Content to any third party; (4) remove any notices or labels on the Video Content; (5) modify, disable, bypass, avoid, deactivate, impair or circumvent any encryption, rights signaling or copy protection or digital rights management system used as part of NOOK Video, or attempt to do any of the foregoing; (6) modify, enhance, edit, translate, adapt, perform, display or create derivative works or adaptations based on the Video Content; (7) reformat, optimize or customize the Video Content for display, distribution or transmission via any platforms, protocols or delivery mechanisms other than as we specifically authorize; or (8) use NOOK Video or Video Content for any commercial or illegal purpose. You expressly agree that we may terminate your license to the Video Content should you violate the foregoing restrictions or any other term of this Agreement.
Certain Video Content may be available to license as VOD Video Content, EST Video Content, or both. “VOD Video Content” is Content licensed for viewing over a limited period of time, and “EST Video Content” is Content licensed for viewing over an indefinite period. The time period during which you may access the Content is as stated below for such Video Content (the “Viewing Period”), however, we may modify the Viewing Period at any time in our sole discretion with notice to you. If no specific or different terms are stated on the applicable product page, then the following general terms apply:
A. VOD Content. The Viewing Period for VOD Video Content generally must begin within 30 days of your transaction. Once begun, viewing must be completed within 24 hours or before the end of the 30th day following your transaction, whichever is sooner.
B. EST Content. The Viewing Period for EST Video Content will generally extend for as long as you maintain an account on the Service. Notwithstanding the foregoing, due to restrictions placed upon us by Third Party Content Providers, we make no guarantees that any Purchased Content will be available in either format for any particular period of time. We will have no liability to you if we are required to modify or interrupt the Viewing Period or remove EST Content from NOOK Video, and therefore we recommend that you download and store your own copy of EST Content to your Authorized Device so that you may continue to view such EST Content in the event if becomes unavailable on NOOK Video.
We may automatically remove Video Content from your NOOK Video collection at the end of the applicable Viewing Period, and you hereby consent that we may do so.
Certain Video Content may be streamed or downloaded to your electronic device. Some Video Content may only be streamed, and other Video Content may only be downloaded. Please see the product details pages on NOOK Video for information regarding the Video Content you wish to view. Internet connectivity is required to download or stream any Video Content from NOOK Video and any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including but not limited to wireless carriers, may charge fees for data connections based on the total amount of data you access. Video Content may include large amounts of data, and NOOK Video is in no way responsible for the fees charged by or policies of third party internet service providers. Certain Video Content may be streamed from NOOK Video, and the picture resolution and quality of the Video Content may depend on several factors. These include, but are not limited to, the particular Authorized Device you are using and the internet bandwidth available to you. The quality of streamed Video Content may vary, and in the event we determine your Video Content may not play properly due to such factors, we may adjust the quality of Video Content you stream in order to try to provide you with an uninterrupted viewing experience. Therefore, we cannot guarantee the resolution or quality of the Video Content that you stream, even if you have purchased HD Video Content.
The Additional Usage Rules contain important information about your use of Video Content. We reserve the right to suspend and/or terminate your license to use the Video Content without liability to you in the event you fail to comply with this Agreement or the Additional Usage Rules. Subject to the terms and conditions of this Agreement:
A. VOD Videos. When you purchase a license to a VOD Video, you may view the Video Content via download or streaming as follows. You may stream Rental Videos through your Authorized Device connected to the internet. You may stream up to three (3) VOD Videos at the same time using the same account. You may stream the same VOD Video to no more than one (1) Authorized Device at any time. You may download VOD Videos to one (1) Authorized Device. Once you have downloaded the VOD Video to one (1) Authorized Device, you may not watch it on any other Authorized Device or watch it simultaneously on more than one (1) Authorized Device. You may, however, begin watching a VOD Video on one (1) Authorized Device and complete watching such VOD Video on another Authorized Device.
B. EST Videos. When you purchase a license to an EST Video, you may view the Video Content via download or streaming as follows. You may stream EST Videos through your Authorized Device connected to the internet. You may stream up to three (3) EST Videos at the same time using the same account. You may stream the same EST Video to no more than one (1) Authorized Device at any time. You may download EST Videos to five (5) Authorized Devices. Once you have downloaded the EST Video, you retain the ability to stream that EST Video as described above. Please note: Content associated with the UltraViolet content management system may have rules that differ from those stated in this paragraph.
Your use of certain Video Content may require you to create an account with the UltraViolet content management service and link it to your account with us. Please visit www.uvvu.com and read the Frequently Asked Questions (FAQs), UltraViolet Terms of Use, UltraViolet Privacy Policy and important information regarding your ability to exercise UltraViolet rights.
You agree that we may use, collect and share information in accordance with our Privacy Policy uk.nook.com/legal/privacy. Without limitation, we will collect, use and/or disclose information regarding you and your use of your NOOK and the Service in order to: (i) provide NOOK Video to you; (ii) permit you to engage in activities that you initiate through the NOOK Video, such as purchasing Video Content and reviewing titles; and (iii) analyze, operate, support, maintain and improve NOOK Video. We reserve the right to make changes to our Privacy Policy at any time. As part of the information that may be shared under the Privacy Policy, we may share your information with Digital Entertainment Content Ecosystem, LLC regarding your usage of UltraViolet-compatible Content.
NOOK Video is designed to permit you to access to a wide variety of Video Content, some of which may be inappropriate for, or offensive to, some viewers. We do not exercise any editorial control over the Video Content. We provide only NOOK Video, which is intended to allow you access to the Video Content. Under no circumstance will we be liable for any loss, damage or harm caused by your access to or reliance on the Video Content. You must determine whether the Video Content accessed through NOOK Video is appropriate, useful, accurate and complete. Your use of the Video Content and NOOK Video is solely at your own risk. Where our third party content providers have provided us with ratings information we will make such information available to you. However, we cannot guarantee the accuracy of such ratings information or of the descriptions or categories of Video Content provided for your convenience.
SAVE TO THE EXTENT STRICTLY REQUIRED BY APPLICABLE LAW (AND ONLY TO THE EXTENT SUCH APPLICABLE LAW CANNOT BE EXCLUDED), WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT NOOK VIDEO. YOUR ABILITY TO ACCESS CERTAIN VIDEO CONTENT FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF CERTAIN SOFTWARE. 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.
You will defend, indemnify and hold us and our affiliates, and our and their employees, representatives, agents, lawyers, directors, officers, managers, shareholders, suppliers and licensors (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including, without limitation, legal 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.
(a) DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS PROVIDE NOOK VIDEO AND THE VIDEO CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF NOOK VIDEO AND THE VIDEO CONTENT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT NOOK VIDEO AND THE VIDEO 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE LAWS.
(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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 OR USE OF NOOK VIDEO AND THE VIDEO CONTENT, 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 MISREPRESENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF WE FAIL TO COMPLY WITH THESE TERMS OF SERVICE, WE SHALL ONLY BE LIABLE TO YOU FOR LOSSES THAT YOU SUFFER AS A RESULT OF OUR FAILURE TO COMPLY (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE) THAT ARE A FORESEEABLE CONSEQUENCE OF SUCH FAILURE.
NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR IN ANY WAY LIMIT OUR OR OUR SUPPLIERS' OR LICENSORS' LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OR OUR SUPPLIERS' OR LICENSORS' NEGLIGENCE, OR THAT OF OUR OR OUR SUPPLIERS' OR LICENSORS' EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE), FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
(d) OTHER JURISDICTIONS. CERTAIN LOCAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(e) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
We will not be liable for failing to perform under this Agreement because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, fire, an act of terrorism, natural disaster or war.
To the fullest extent permitted by local laws, the laws of the Grand Duchy of Luxembourg, without regard to principles of conflict of laws, will govern and be used to interpret this Agreement and any dispute or claim of any sort that might arise under it.
Subject to applicable laws, we both agree that the courts of the judicial district of Luxembourg City shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter.
(a) By Us. If in our sole and reasonable opinion we consider that you have violated any term or condition of this Agreement or may cause us, our suppliers or licensors, or another user of NOOK Video financial loss or legal liability, we may, in our sole discretion, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate any of your rights to use or access all or any part of NOOK Video and the Video Content.
(b) By You. You may terminate your use of the NOOK Video at any time by ceasing all use of NOOK Video and Video Content by following the process provided for on the Web Site.
(c) Effect of Termination. Following termination or suspension, you will not be permitted to use NOOK Video although termination/suspension of your right to use NOOK Video will not affect your right to view Video Content that you have already lawfully acquired and use in accordance with applicable Terms of Use. If your access to the Service is terminated or suspended, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Service, including, but not limited to, technological barriers, IP mapping and our direct contacts with telecommunications companies. This Agreement will survive indefinitely unless and until we choose to terminate it upon reasonable notice, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Service. You are responsible for payment of all outstanding balances accrued up to and through the termination date. All amounts paid to us are non-refundable, unless otherwise expressly provided for in this Agreement, the One-Year Limited Warranty, or the Terms of Use.
You hereby consent to receive electronic communications from us, whether addressed to the email address associated with your NOOK.co.uk account or other email address that you provide to us, or sent directly to your NOOK. To the maximum extent permitted by applicable law, you acknowledge and agree that any communication via email, message to your device or by postings on the Web Site satisfies any legal requirement that such communications be made in writing. You may give notice to us via email to the following address: nook@barnesandnoble.com. If you have general questions regarding your NOOK, you may send an email to: customerservice@nook.co.uk, though such a call or email will not suffice for notice under this paragraph. Notice will be effective upon our sending or receipt of it, as applicable.
To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify this Agreement in our sole discretion with or without notice to you. The current version of this Agreement can be found by clicking the “Terms of Service” link located at the bottom of the NOOK Video website. You should periodically review this Agreement so that you are aware of the terms and conditions that apply to your use of NOOK Video. Your use of NOOK Video after any modification, including but not limited to use of the NOOK Video website, purchasing Video Content, or viewing Video Content previously purchased, constitutes your acceptance of the most recent version of this Agreement as modified.
This Agreement and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. You may, however, sell, give 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.
This Agreement, the Terms of Use and the Privacy Policy contain the entire understanding between you and us regarding the use of NOOK Video, 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 ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction. Our affiliates, suppliers and licensors are intended third-party beneficiaries 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.
1. Notwithstanding anything to the contrary in these Agreements, 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 these Agreements, certain components of the Software are licensed subject to the GNU Lesser General Public License version 2.1, a copy of which is attached as Exhibit B (the “LGPL”). You may not use these components except in compliance with the LGPL. In addition, you may have additional rights with respect to such components under the LGPL. 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 LGPL.
3. Notwithstanding anything to the contrary in these Agreements, 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 C (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.
4. Notwithstanding anything to the contrary in these Agreements, certain components of the Software (as defined herein) are licensed subject to the General Public License Version 3, a copy of which is attached as Exhibit D (the "GPLv3 License"). You may not use these components except in compliance with the GPLv3 License. In addition, you may have additional rights with respect to such components under the GPLv3 License.
5. Notwithstanding anything to the contrary in these Agreements, certain components of the Software (as defined herein) are licensed subject to the Common Public License Version 1.0, a copy of which is attached as Exhibit E (the "CPL License"). You may not use these components except in compliance with the CPL License. In addition, you may have additional rights with respect to such components under the CPL License.
6. Notwithstanding anything to the contrary in these Agreements, certain components of the Software (as defined herein) are licensed subject to the Mozilla Public License Version 1.1, a copy of which is attached as Exhibit F (the "MPL License"). You may not use these components except in compliance with the MPL License. In addition, you may have additional rights with respect to such components under the MPL License.
7. Notwithstanding anything to the contrary in these Agreements, certain components of the Software (as defined herein) are licensed subject to the Open Software License Version 1.0, a copy of which is attached as Exhibit G (the "OSL License"). You may not use these components except in compliance with the OSL License. In addition, you may have additional rights with respect to such components under the OSL License.
8. Notwithstanding anything to the contrary in these Agreements, certain components of the Software (as defined herein) are licensed subject to the GNU Free Documentation License Version 1.2, a copy of which is attached as Exhibit H (the "GNU FDL"). You may not use these components except in compliance with the GNU FDL. In addition, you may have additional rights with respect to such components under the GNU FDL.
9. Notwithstanding anything to the contrary in these Agreements, certain components of the Software are licensed subject to the third-party rights and terms of the licenses and permission notices reproduced on Exhibit I. You may not use these components except in compliance with the applicable licenses and permission notices. In addition, you may have additional rights with respect to such components under such licenses and permission notices.
This document contains additional information regarding licenses, acknowledgments and copyright notices for open source packages used in this Device. It is our understanding that it is general industry practice to keep open source licenses in their native language. Therefore, translations of these licenses have not been provided. The Free Software Foundation also does not provide official translations of the GNU General Public License (GPL) or GNU Lesser General Public License (LGPL). For more information on their unofficial translations, please refer to http://www.gnu.org/licenses/translations.html.