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Use of Digital Content: Upon your payment of the applicable fees set by Barnes &
Noble, Barnes & Noble grants you the non-exclusive right to keep a permanent
copy of the applicable Digital Content and to view, use, and display such Digital
Content an unlimited number of times, solely on the Device or as authorized by
Barnes & Noble as part of the Service and solely for your personal, non-
commercial use. Digital Content will be deemed licensed to you by Barnes & Noble
under this Agreement unless otherwise expressly provided by Barnes & Noble.
Usage of the Barnes & Noble Store constitutes acceptance of all terms and
conditions as defined by Barnes & Noble.
Restrictions: Unless specifically indicated otherwise, you may not sell, rent, lease,
distribute, broadcast, sublicense or otherwise assign any rights to the Digital
Content or any portion of it to any third party, and you may not remove any
proprietary notices or labels on the Digital Content. In addition, you may not, and
you will not encourage, assist or authorize any other person to, bypass, modify,
defeat or circumvent security features that protect the Digital Content.
Software
Definitions: The following terms apply to the Device and to (a) all software (and
the media on which such software is distributed) of Pandigital or third parties that
are pre-installed on the Device at time of purchase or that Pandigital provides as
updates/upgrades to the pre-installed software (collectively, the "Device
Software"), unless you agree to other terms as part of an update/upgrade process;
and (b) any printed, on-line or other electronic documentation for such software
(the "Documentation"). As used in this Agreement, "Software" means, collectively,
the Device Software and Documentation.
Use of the Device Software: You may use the Device Software only on the Device.
You may not separate any individual component of the Device Software for use on
another device or computer, may not transfer it for use on another device or use
it, or any portion of it, over a network and may not sell, rent, lease, lend, distribute
or sublicense or otherwise assign any rights to the Software in whole or in part.
No Reverse Engineering, Decompilation, Disassembly or Circumvention: You may
not, and you will not encourage, assist or authorize any other person to, modify,
reverse engineer, decompile or disassemble the Device or the Software, whether
in whole or in part, create any derivative works from or of the Software, or bypass,
modify, defeat or tamper with or circumvent any of the functions or protections of
the Device or Software or any mechanisms operatively linked to the Software,
including, but not limited to, augmenting or substituting any digital rights
management functionality of the Device or Software.
Automatic Updates: In order to keep your Software up-to-date, Pandigital may
automatically provide your Device with updates/upgrades to the Software.
Export Regulations: You agree to comply with all export and re-export restrictions
and regulations of the Department of Commerce and other United States agencies
and authorities, and not to transfer, or encourage, assist or authorize the transfer
of the Software to a prohibited country or otherwise in violation of any such
restrictions or regulations.
General
No Illegal Use and Reservation of Rights: You may not use the Device, the Service
or the Digital Content for any illegal purpose. You acknowledge that the sale of the
Device to you does not transfer to you title to or ownership of any intellectual
property rights of Pandigital or its suppliers. All of the Software is licensed, not
sold, and such license is non-exclusive.
Information Received: The Device Software will provide Pandigital with data about
your Device and its interaction with the Service (such as available memory, up-
time, log files and signal strength) and information related to the content on your
Device and your use of it (such as automatic bookmarking of the last page read
and content deletions from the Device). Information we receive is subject to the
Pandigital Privacy Notice.
Patents: The Device and/or methods used in association with the Device may be
covered by one or more patents or pending patent applications.
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