Terms of Service

or Contact Us
.

NOOK DEVICE TERMS OF SERVICE

Welcome to the NOOK Device. The terms of service set out below govern your use of this NOOK Device (as defined below) and the software contained within it (the "NOOK Device Terms of Service") and this is a legally binding agreement made by and between you and NOOK Media (as defined below). Other terms and conditions, policies and guidelines may also apply to you to govern your use of the NOOK Service (as defined below), depending upon how you use and/or access the NOOK Service.

By registering with, using or accessing the NOOK Service (as defined below) in the United States, Canada or a country in Latin America (or anywhere else in the world not mentioned in the next sentence) this agreement is made between you and NOOK Media LLC, a Delaware limited liability company. By registering with, using or accessing the NOOK Service (as defined below) in a European Union Member State, Switzerland, Australia or a country in Africa or Asia-Pacific this agreement is made between you and Barnes & Noble S.à r.l., a Luxembourg limited liability company (société à responsabilité limitée) existing under the laws of Luxembourg, having its registered address at 22-24, boulevard Royal, L-2449 Luxembourg Luxembourg and registered with the Luxembourg register of Commerce and Companies under number B 167208, and having a share capital of EUR 12,500. NOOK Media LLC and Barnes & Noble S.à r.l., together with their parent, subsidiaries and affiliates are collectively referred to herein as "NOOK Media", "we", "our" or "us". For the purposes of these NOOK Device Terms of Service, "affiliate(s)" means any entity that controls, is controlled by or is under common control with NOOK Media.

Please read these NOOK Device Terms of Service carefully before using this NOOK Device. By using this NOOK Device and/or the NOOK Device Service (both defined below), you acknowledge and agree that you have read, understand and agree to be bound by these NOOK Device Terms of Service. If you do not agree to be bound by these NOOK Device Terms of Service, you should cease using this NOOK Device and/or the NOOK Device Service immediately.

Please note that nothing in these NOOK Device Terms of Service affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded. For customers resident in the European Union, this includes mandatory statutory warranties and/or guaranties (for example the legal guarantee of conformity for certain goods, where applicable) which cannot be excluded or limited.

CONTENTS OF THESE NOOK DEVICE TERMS OF USE

In these NOOK Device Terms of Service you will find information and terms relating to:
  1. 1. DEFINITIONS:

    "Digital Content" means digital or electronic content or media which is available to you through the NOOK Store (defined below) and which may be viewed on the NOOK App (defined below) and NOOK Devices (defined below), including eBooks, digital magazines, digital newspapers, digital journals and other periodicals, software applications (including applications developed by NOOK Media or third parties), and other digital content as determined by us from time to time, but excluding Video Content (defined below).

    "Interactive Community" means services we make available which may enable users to communicate with each other directly and post information and other material that will be visible to other users of the service, or which may otherwise permit users to interact with others howsoever.

    "NOOK App(s)" means the NOOK software applications for mobile devices, computers or other electronic devices (including any updates or upgrades) that we make available to you.

    "NOOK Device(s)" means electronic devices manufactured by or on behalf of NOOK Media and sold under the NOOK brand.

    "NOOK Library" means the online digital locker or library hosted in our cloud storage facility where your purchases of Digital Content and/or Video Content (each, where available) are stored and which you may access via the NOOK Website (defined below), the NOOK Store (defined below), NOOK Device and the NOOK App.

    "NOOK Service" means collectively the NOOK App (and any services made available on or by means of the NOOK App), the NOOK Website (defined below), the NOOK Store (defined below), NOOK Devices and the NOOK Device Service (defined below in Section 2(a)).

    "NOOK Store" means the NOOK Media store where you can browse and purchase Digital Content and/or Video Content (each, where available) for the NOOK App or NOOK Devices.

    "NOOK Website(s)" means any NOOK website which you access from the country in which you are located.

    "Sideloaded Content" means digital or electronic content that is not made available to you by us, but which can be accessed via the NOOK Device, for example ePub (non-DRM) and Adobe PDF files.

    "User Generated Content" means any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material which may be posted on or through the Interactive Community via the NOOK Device.

    "Video Content" means digital versions of movies, television shows and other video content which, depending upon your location, may be made available to you through the NOOK Store and which may be viewed on certain versions of the NOOK App and certain supported NOOK Devices.

  2. 2. USING THE NOOK DEVICE

    (a) Your NOOK Device, the NOOK Device Service and Digital Content/Video Content. The NOOK Device is an electronic device that is designed to allow you to access and use Digital Content and/or Video Content (each, where available) (depending on the model of NOOK Device you use). The NOOK Device may also be designed to connect wirelessly to the internet to enable you to browse, preview, search for, purchase and download Digital Content and/or Video Content (each, where available) from the NOOK Store; access the NOOK Website and other websites; interface with social networking sites (where available); and access, use, and participate in other services, features, functions and promotions (each, where available, and each as may be amended or supplemented howsoever from time to time by NOOK Media)(all features described in this sentence, collectively, the "NOOK Device Service").

    (b) Setting up your account. To use this NOOK Device and use most Digital Content and/or Video Content (each, where available) and to access, use and participate in the NOOK Device Service, you must first open a NOOK account in accordance with our NOOK Store Terms of Service. Depending upon where you are and how you have access to our NOOK Store, you can open an account either by visiting a NOOK Website or in the setup process for your NOOK Device or directly via certain NOOK Apps.

    Any Digital Content and/or Video Content (each, where available) you purchase (or which is made available to you) from the NOOK Store, will be so purchased (or so made available to you) and used in accordance with our NOOK Store Terms of Service.

    (c) Accessing your Digital Content and/or Video Content (each, where available). The NOOK Device Service is designed to give you access to your NOOK account and view and store the Digital Content and/or Video Content (each, where available) that you purchase (or which is made available to you) from the NOOK Store in your NOOK Library. When your NOOK Device is connected to the internet we will use reasonable efforts to grant you access to your NOOK account and NOOK Library via the NOOK Device. Temporary interruptions to the NOOK Service may occur for technical reasons (including maintenance, repairs, implementation of new services) which we will use our commercially reasonable efforts to limit. Some Digital Content and/or Video Content (each, where available) may not be available for you to access or use via the NOOK Device. Also, please note that certain Digital Content and/or Video Content (each, where available), such as digital newspapers, digital magazines and digital catalogs, may be set to be automatically deleted, from any or all of your NOOK Library, NOOK Device or NOOK App, after a certain period of time (depending on the Digital Content and/or Video Content (each, where available)). There is also a risk of loss of Digital Content and/or Video Content (each, where available) when you download, access or archive Digital Content and/or Video Content (each, where available) via the NOOK Device.

    (d) Setting up Sub Accounts. Certain NOOK Devices allow you to set up linked or subordinate accounts ("Sub Accounts") for additional users of your NOOK account. Depending on the settings selected, users of a Sub Account may be able to (i) access and/or view Digital and/or Video Content (each, where available); (ii) use the Interactive Community features and social features (each, where available); and (iii) make purchases via the NOOK Store. We may limit the number of Sub Accounts you may set up.

    To set up a Sub Account, you must first register and/or log in to your NOOK account and follow the guidance for setting up a Sub Account. Both the NOOK account and the Sub Account will have their own username and password. All users are responsible for: (i) keeping their account passwords confidential and secure, and (ii) avoiding unauthorized access to their NOOK account or Sub Account.

    Your NOOK account may have access to and control over various aspects of linked Sub Accounts, including (i) access to and availability of Digital and/or Video Content (each, where available) and parental controls (where available); (ii) financial transactions; and (iii) certain communications from us.

    Users may be able to make purchases via the NOOK Store using a Sub Account (where available). All transactions made by the Sub Account will be processed using the credit card associated with your NOOK account. Communications from us, including communications about purchases made via the Sub Account, will be sent to your NOOK account and the email address associated with your NOOK account, rather than the user of the Sub Account.

    Users of Sub Accounts may be able to make use of the Interactive Community features (where available). Please see Section 2(h) below for more details on use of the Interactive Community. All material or information posted by a user of a Sub Account (for example, posting Digital Content and/or Video Content (each, where available) reviews) will be posted in the name of the NOOK account holder and not the Sub Account holder. Suspension or termination of your NOOK account may result in the suspension and termination of all associated Sub Accounts.

    IF YOU ARE THE HOLDER OF THE NOOK ACCOUNT REGISTERED WITH YOUR NOOK DEVICE, YOU ARE JOINTLY AND SEVERALLY LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ASSOCIATED WITH YOUR NOOK ACCOUNT, INCLUDING ANY SUB ACCOUNTS LINKED TO YOUR NOOK ACCOUNT, AND/OR YOUR NOOK DEVICE.

    Sub Accounts for Minors. The NOOK Device and the NOOK Service in general is designed for and directed towards use by adults (those aged 18 years or above). However, where Sub Accounts are available, you may set up a Sub Account for users under the age of 18 years ("Minor(s)"), provided that you are the parent or the legal guardian of the Minor for whom you are setting up the Sub Account. When a Minor reaches 18 years of age, they may set up their own NOOK account or continue to use a Sub Account.

    Please note that Sub Accounts (where available) may enable Minors to browse the entirety of the NOOK Store and make purchases using the credit card associated with your NOOK account. IF YOU ARE THE HOLDER OF YOUR NOOK ACCOUNT, YOU REMAIN LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS OF YOUR MINOR RELATING TO THEIR USE OF YOUR NOOK ACCOUNT AND ANY SUB ACCOUNT(S) (WHERE AVAILABLE), AS WELL AS ANY PURCHASES THAT YOUR MINOR MAKES THROUGH THE NOOK STORE. We are not responsible and have no liability for any unauthorized usage by Minors and Minors must obtain the consent of their parent or legal guardian to agree to all applicable Terms of Service and our Privacy Policy.

    Some Digital and/or Video Content accessed via the NOOK Device or the NOOK Store may not be age- or otherwise appropriate for Minors. You are responsible for monitoring your Minors’ access to content that may be objectionable or age inappropriate.

    If you permit a Minor to use your NOOK Device, NOOK account or to set up a Sub Account (where available), you confirm that you accept these NOOK Device Terms of Service, the NOOK Store Terms of Service and our Privacy Policy on behalf of, and all legal and financial responsibility and liability for the actions of, that Minor and you expressly confirm any acts of that Minor. You also consent to that Minor (i) purchasing Digital Content and/or Video Content (each, where available) (ii) using the credit card that is associated with your NOOK account, and (iii) posting Digital Content and/or Video Content (each, where available) reviews in the NOOK Store or NOOK Website (each where available) that will be posted in the name of the NOOK account holder.

    Depending on where you are domiciled, when you create a Sub Account for a Minor (where available) the credit card associated with your NOOK account will be used to verify parental consent required under applicable local law. Your credit card may be charged one cent ($0.01)(or relevant local currency equivalent) to validate your consent. Other than the one cent ($0.01) (or relevant local currency equivalent) transaction, there are no fees associated with this process.

    If you permit a Minor to use your NOOK Device, NOOK account or to set up a Sub Account (where available), you acknowledge that we are not responsible for any personal information that the Minor publicly discloses, intentionally or unintentionally, due to that Minor’s ability to post Digital Content and/or Video Content (each, where available) reviews in the NOOK Store or NOOK Website (each where available), or by using the internet through the web browser (where available). We recommend that as the parent or legal guardian, you discuss with your Minor 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, you are responsible for monitoring your Minor’s access to your NOOK account, Sub Account (where available) and/or NOOK Device, as well as any communications made or received by them through or by means of the NOOK Service. Content accessible through the NOOK Service may include third party websites or applications. These third parties have their own privacy and data collection practices. We are not responsible for the actions or policies of such third parties, and you are solely responsible for obtaining information regarding the data privacy practices and terms of use of such third parties and determining whether such are appropriate for a Minor. More information about how we collect and use information relating to Minors can be found in the "Policies for Minors, including children under the age of 13" headed section in our Privacy Policy.

    (e) Sideloaded Content (where available). Some versions of and/or features within the NOOK Device and/or NOOK Device Services may enable you to upload, use and read Sideloaded Content for your personal use. Where this is available, there is a risk that you may lose your Sideloaded Content when you upload or access it via the NOOK Device. 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 (except to the extent required by applicable local laws, for gross negligence and willful misconduct). You represent and warrant that you have all rights (including intellectual property rights) necessary to copy, use and access the Sideloaded Content via the NOOK Device; we have no responsibility with respect to your use of the Sideloaded Content.

    (f) Social Features and Third Party Sites (where available). The NOOK Device and/or NOOK Device Services may contain certain social features, such as access to third party social networking sites or features (for example, Facebook), that allow you to post, publish, communicate or share information with other people (for example, book reviews, book annotations etc.). The NOOK Device and/or NOOK Device Services may also contain direct in-device links to third party websites. Use of third party websites or third party social networking sites or features will be subject to third party or other terms and conditions. Any information posted, published, communicated or shared with third party websites or social networking sites or features is shared at your own risk. You are solely responsible for any privacy settings on any third party websites or social networking sites or features accessed via the NOOK Device and/or NOOK Device Services.

    (g) No Responsibility for Digital Content and Video Content. The NOOK Device and/or NOOK Device Services is designed to permit you access to a wide variety of Digital Content and Video Content (depending on the model of NOOK Device you use), some of which may be inappropriate for, or offensive to, some readers and viewers. We do not exercise any editorial control over the Digital Content or Video Content. We provide only the NOOK Device and the NOOK Device Service, which are intended to allow you access to the Digital Content and Video Content (each where available and depending on the model of NOOK Device you use). Under no circumstance will we be liable for any loss, damage or harm caused by your access to or reliance on the Digital Content or Video Content. You must determine whether the Digital Content or Video Content accessed through the NOOK Device and/or NOOK Device Services is appropriate, useful, accurate and complete. Your use of the Digital Content and Video Content (each, where available) and the NOOK Device Service is solely at your own risk. For Video Content (where available): Where our third party content providers have provided us with age ratings information we will make such information available to you. However, we cannot guarantee the accuracy of such age ratings information or of the descriptions or categories of Video Content provided for your convenience.

    (h) Interactive Community (where available). Some versions or features of the NOOK Device and/or NOOK Device Services may enable you to communicate with other users and post information and other material, including your own User Generated Content, via the Interactive Community. You are using Interactive Community services if, for example, you view or participate in the Interactive Community, post a review, create a list, create a profile, submit any User Generated Content, or otherwise participate in any interactive feature (each where available on the NOOK Device and/or NOOK Device Services).

    Interactive Community services may be used only for lawful purposes in accordance with these NOOK Device Terms of Service. If you are using our Interactive Community services, and post, publish or communicate any User Generated Content on or through the Interactive Community services, please choose carefully the information that you post and/or provide to other users. You may not post on or transmit through the NOOK Device and/or the NOOK Device Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation of the local laws applicable to you or applicable in the country in which the material is posted. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other User Generated Content (including private messages) from you, or to deny, restrict, suspend or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, without prior notice or explanation and without liability.

    We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend or terminate your access to all or any part of the Interactive Community services for any reason.

    If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any applicable law, please activate the "Flag" feature (where available) on the page in question or otherwise contact us.

    Notwithstanding the foregoing and to the maximum extent permitted by applicable local law, we assume no responsibility for ongoing monitoring of the Interactive Community or for removal or editing of any User Generated Content, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication or User Generated Content within the Interactive Community. You are solely responsible for all activities that occur within the Interactive Community.

    The Interactive Community is not designed for use by Minors. No children under the age of 13 are permitted to register or create user profiles, and individuals aged between 13 and 18 must participate in the Interactive Community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. We do not specifically sponsor or endorse any of these sites or their services.

    You may not post User Generated Content that: (i) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming"; (ii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (iii) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (iv) involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising or pyramid schemes; (v) includes a photograph or video of another person that you have posted without that person's consent; (vi) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the NOOK Device and/or the NOOK Device Service; (vii) involves the use of viruses, bots, worms or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise may permit the unauthorized use of or access to a computer or a computer network; (viii) covers or obscures the banner advertisements on your personal profile page; (ix) involves any automated use of the NOOK Device and/or the NOOK Device Service, such as using scripts to add friends or send comments or messages; (x) interferes with, disrupts or creates an undue burden on the NOOK Device or the networks or services connected to the Interactive Community services; (xi) impersonates or attempts to impersonate another Interactive Community user, person or entity; (xii) uses the account, username or password of another Interactive Community user at any time or discloses your password to any third party or permits any third party to access your account; (xiii) sells or otherwise transfers your profile; (xiv) uses any information obtained from the NOOK Website or Interactive Community in order to harass, abuse or harm another person or entity, or attempts to do the same.

    Interactive Community users may upload to or otherwise submit to us for distribution on the Interactive Community and the NOOK Website: (i) User Generated Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Generated Content which the owner or licensor of any relevant rights has given express authorization for us to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Generated Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission". We are entitled to presume that all User Generated Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Generated Content is illegal and could subject the user to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community users assume all liability for any damage resulting from any infringement of copyright or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Generated Content. We assume no liability for any damage resulting from any infringement of copyright or proprietary rights, or for any other harm arising from any User Generated Content. By submitting User Generated Content within the Interactive Community, you automatically grant us, or represent and warrant that the owner or authorized licensor of such User Generated Content has expressly granted us, for the full period of copyright (and any renewals and extensions thereof), (and to the maximum extent permitted by applicable local law), a perpetual, royalty-free and irrevocable right and license to use, reproduce, publish, translate, sub-license, copy, modify, delete, enhance and distribute the User Generated Content in whole or in part worldwide and/or to incorporate such User Generated Content in other works in any form, media or technology now known or hereafter developed, together with a full waiver of all moral rights therein (to the maximum extent permitted by applicable law). Subject to this grant, you, as owner or authorized licensor (as applicable) of User Generated Content submitted to us, retain any and all rights which may exist for such User Generated Content.

    Where we decide in our sole discretion to terminate or suspend your NOOK account or your access to all or part of the NOOK Service, NOOK Device Service and/or your NOOK Library in accordance with Section 4 below (Termination), we may decide, in our sole discretion, to remove any User Generated Content you have submitted to the Interactive Community. To the maximum extent permitted by applicable local law, all our liability (as well as the liability of our directors, employees or other representatives) for any loss whatsoever arising from our removing or editing the User Generated Content is excluded.

    (i) Notice and Take Down Procedure For Claims of Infringement. If you believe in good faith that materials contained on the NOOK Device, within any part of the NOOK Device Service or posted to the Interactive Community, including Digital Content and/or Video Content and User Generated Content (each, where available), infringe your rights (for example, your copyright), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable us to locate the material on the NOOK Device, within the NOOK Device Service or the Interactive Community; (iv) your name, address, telephone number and e-mail address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights-holder, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.

    If you are sending a notice or counter-notice pursuant to the United States Digital Millennium Copyright Act of 1998 (the "DMCA"), then it must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Full details of our copyright policy under the DMCA is available on our website.

    Notices and counter-notices with respect to the NOOK Device should be sent to: IP Agent, NOOK Media LLC, 76 Ninth Avenue, New York, New York 10011, USA at DMCANOTICE@Barnesandnoble.com. Giving false, misleading or inaccurate information in a notice or counter-notice may result in civil and/or criminal liability. We suggest that you consult your legal advisor before filing a notice or counter-notice.

    (j) Age of Users. Unless otherwise specifically noted in the features made available to you, the NOOK Device and the NOOK Device Service is designed for and directed towards use by adults (those aged 18 years or above). No children under the age of 13 are permitted to use the NOOK Device and/or the NOOK Device Service, unless their parent or legal guardian has created a Profile for them under Section 2(c) above. Individuals aged between 13 and 18 are not permitted to use the NOOK Device and/or the NOOK Device Service without the consent of parents or legal guardians. Minors are not permitted to use the NOOK Device without the supervision of a parent or legal guardian and should review these NOOK Device Terms of Service with a parent or legal guardian to ensure that they understand them.

    (k) Privacy. You agree that any personal information collected, used or disclosed regarding you or your use of the NOOK Device and/or the NOOK Device Service will be held and used in accordance with our Privacy Policy as such may be updated or modified from time to time. Without limitation, we will collect, use and/or disclose information regarding you and your use of your NOOK Device and the NOOK Device Service in order to: (i) provide the NOOK Device Service to you; (ii) permit you to engage in activities that you initiate through the NOOK Device Service, such as purchasing Digital Content and Video Content (each, as available) and reviewing products; and (iii) analyze, operate, support, maintain and improve your NOOK Device or the NOOK Device Service.

    Our Privacy Policy also sets out our policy concerning ‘cookies’ and similar technologies that can personally identify you. The current Privacy Policy posted to our NOOK Website applies to you when you open a NOOK account or otherwise access or use our NOOK Website, services, applications or tools, however we make commercially reasonable endeavors to update the version of the Privacy Policy included on your NOOK Device. It is your responsibility to read the current Privacy Policy, so please check it periodically. Please note that any information you provide to a third party via the NOOK Device (for example, through any third party social networking sites or third party websites, where available) will be subject to the privacy notice or similar terms of that third party and not our Privacy Policy.

    The current Privacy Policy posted to our NOOK Website also applies to you when you open a Sub Account. Where you open a Sub Account for another user, you confirm that you have that user’s consent to do so and for their data to be processed by us (including data on Minors, where applicable) in accordance with our Privacy Policy.

    (l) Software Updates. In order to keep up-to-date the software loaded onto NOOK Device ("Software"), NOOK Device and/or the NOOK Device Service features, from time to time the NOOK Device may be provided with updates, modifications, additions, or upgrades (some of which may be implemented automatically). It is your responsibility to verify that you are using the most up-to-date version of the Software available.

    (m) Security. We employ measures designed to ensure the security of the NOOK Device Service in accordance with applicable laws, but, as provided below, make no guarantees in this regard.

    (n) NO SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAWS, WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE, NOOK DEVICE AND NOOK DEVICE SERVICE. YOUR ABILITY TO ACCESS CERTAIN DIGITAL CONTENT AND/OR VIDEO CONTENT (EACH, WHERE AVAILABLE) FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF THE SOFTWARE. IN RARE INSTANCES, 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 DEVICE TO PREVENT THIS FROM OCCURRING.

    (o) Wireless Connection. The NOOK Device has built-in wireless internet connectivity capabilities. You may use the built-in wireless internet connectivity provided by us only in connection with the NOOK Service and you may not use it for any other purpose.

    If you are located in an area where there is limited or no wireless connectivity, you may not be able to access the NOOK Device Service via the NOOK Device. We are not responsible for the unavailability of wireless connectivity in these circumstances.

    Use of the NOOK Device wireless connectivity capabilities may be subject to restrictions and limitations imposed by your internet service provider ("ISP") associated with the wireless 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 wireless hotspot and thus choose a different ISP service. Such internet connectivity capability is also subject to the limitations inherent in the type of NOOK Device you are using. We are not responsible for any restrictions, limitations or downtime caused by the ISP service you connect the NOOK Device 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 Device while using the built-in wireless internet connectivity. Use of the NOOK Device built-in wireless connectivity is entirely at your own risk.

    (p) Internet Connectivity Charges. Internet connectivity is required to use certain features of the NOOK Device and/or the NOOK Device Service, which may include downloading and/or streaming Digital Content and/or Video Content (each, where available) to your NOOK Device, archiving Digital Content and/or Video Content (each, where available) and accessing the Interactive Community or social features (both, where available). Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain ISPs, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some Digital Content and/or Video Content (each, where available) may include large amounts of data, and we are in no way responsible for the fees charged by or policies of ISPs or others with whom you contract for internet connectivity.

    (q) Returns. If you purchased your NOOK Device from the NOOK Store, your rights and the procedures concerning returns are set out in our NOOK Store Terms of Service.

    (r) Defects.

    If you are contracting with NOOK Media LLC: If you discover a defect in your NOOK Device after fourteen (14) days of receipt, your rights to receive a replacement NOOK Device or a refund are provided in the One Year Limited Warranty (where applicable).

    If you are contracting with Barnes & Noble S.à r.l. If you discover a defect in your NOOK Device after thirty (30) days of receipt, your rights to receive a replacement NOOK Device or a refund are provided in the One Year Limited Warranty (where applicable).

    This section does not affect your statutory consumer rights as a consumer under applicable local laws, to the extent that such rights apply to you and cannot be excluded or limited.

  3. 3. LICENSE TO USE THE NOOK DEVICE

    (a) License. Subject to these NOOK Device Terms of Service, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to make personal, non-commercial use of: (i) the NOOK Device Service; (ii) the Software as may be updated, modified, added to or upgraded from time to time; and (iii) any printed or electronic documentation for the NOOK Device and/or the NOOK Device Service and such Software ("Documentation"), all solely for the purposes of using the NOOK Device and/or the NOOK Device Service. You can make one (1) copy of the Software and the Documentation as necessary for backup or archive purposes.

    (b) Restrictions and Prohibited Conduct. Except as may be expressly permitted by these NOOK Device Terms of Service and to the maximum extent permitted by applicable local law, you may not, directly or indirectly: (i) use the Software on any device other than a NOOK Device; (ii) use, copy, reproduce, modify, distribute copies of, display publicly or transmit the Software or Documentation; (iii) open, service or tamper with the NOOK Device, disassemble, reverse engineer, emulate, decompile, tamper with, create derivative works from the Software or Digital or Video Content (each, where available) or otherwise attempt to discover the source code of the Software or the technology used to provide NOOK Device, or attempt to reduce the Software to human-readable form; (iv) bypass, modify, defeat, tamper with or circumvent any of the security features of the NOOK Device and/or the NOOK Device Service, including altering any digital rights management ("DRM") functionality of the NOOK Device and/or the NOOK Device Service; (v) share access to the Software or Documentation, whether through a network, resale or other means; (vi) transfer the Digital Content and/or Video Content (each, where available) or Software (or any individual component thereof) from one device to another device or computer; (vii) infringe, violate, or interfere with any patent, trademark, trade secret, copyright, right of publicity or any other right of any party; (viii) violate any law, rule or regulation of the local laws applicable to you; (ix) sublicense, assign in whole or in part, rent, lease, lend, resell or in any way transfer any rights to all or any portion of the Digital Content and/or Video Content (each, where available), Software or Documentation to any third party, except as expressly permitted by these NOOK Device Terms of Service or applicable third-party license agreement; (x) broadcast, transmit or distribute the Digital Content and/or Video Content (each, where available) or Software in any manner, such as online streaming or making the Digital Content and/or Video Content (each, where available) available for download; (xi) interfere with or damage the NOOK Device or NOOK Service, including, 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; (xii) violate any third-party contract or policy governing the Software, NOOK Service or Digital Content and/or Video Content (each, where available); (xiii) delete, destroy or alter in any manner the proprietary rights notices, markings and legends appearing on the NOOK Device, Digital Content and/or Video Content (each, where available), Software or Documentation; or (xiv) assist or encourage any third party in engaging in any activity prohibited by these NOOK Device Terms of Service, the NOOK Store Terms of Service or any applicable local laws or regulations.

    (c) Excluded Software. Certain portions of the Software are subject to the separate licensing terms presented for your acceptance or set out in Attachment 1 or are otherwise made available to you as ?Open Source? software, which may have certain other terms apply to them. Please review these licensing terms carefully. By using the NOOK Device, you agree that you have read, understand and agree to be bound by such terms.

    (d) Intellectual Property. We (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the NOOK Device, the NOOK Device Service, Software and Documentation and all enhancements, bug fixes, updates, upgrades, modifications, additions, customizations, improvements, derivative works, whether or not developed by us, and copies thereof, and all information, methods and processes and intellectual property rights therein (collectively, the "Intellectual Property"). You acknowledge and agree that neither the sale of the NOOK Device to you nor the license of the Software and Documentation grants to you title or ownership of any of our Intellectual Property or those of our suppliers or licensors. © 2010-2012 NOOK MEDIA LLC AND ITS AFFILIATES, SUPPLIERS AND LICENSORS, ALL RIGHTS RESERVED. Patent Pending. Most trademarks shown on your NOOK Device, 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 NOOK Media LLC or its affiliates or subsidiaries. Certain other trademarks shown on your NOOK Device or through the NOOK Device 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. No rights are granted to you except those expressly set forth in this Section 3 and we (and, where applicable, our licensors and suppliers) expressly reserve all rights, title and interest in and to the NOOK Device, NOOK Device Service, Software and Documentation not expressly granted herein. No such rights are conferred by estoppel, operation of law, implication or otherwise.

    (e) Export Control. The Software and Documentation are "commercial computer software" or "commercial computer software documentation". The U.S. Government's rights with respect to the NOOK Device are limited by these NOOK Device Terms of Service, pursuant to FAR §§ 12.212(a) and/or DFARS §§ 227.7202-1(a), as applicable. You agree that by installing, copying, or otherwise using the NOOK Device, Software and Documentation (and generally the NOOK Service) that: (i) you do not reside in a country subject to embargo or export controls by the U.S. Government; (ii) you are not on the List of Denied Persons as published by the U.S. government; and (iii) you will not use the NOOK Device, Software or Documentation (or generally the NOOK Service) for any illegal purpose. Because the NOOK Device (and the NOOK Service), and related technical data are subject to U.S. export controls, you agree that you shall not upload, export or "re-export" (transfer) the NOOK Device, any part of the NOOK Device Service, Software or Documentation or any content, including Digital Content and/or Video Content and User Generated Content (each, where available), unless you have complied with all applicable U.S. export controls.

    (f) U.S. Government End Users. The Software and Documentation are "commercial computer software" or "commercial computer software documentation" as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government's rights with respect to the Software and Documentation are limited by these NOOK Device Terms of Service pursuant to FAR §§ 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. As such, the Software and Documentation are being licensed to the U.S. Government end users: (i) only as "Commercial Items" as that term is defined in FAR 2.101 generally and as incorporated in DFAR 212.102; and (ii) with only those limited rights as are granted to the public pursuant to this Agreement. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in these NOOK Device Terms of Service.

    (g) Indemnity. To the maximum extent permitted by applicable local law, you agree to indemnify and hold harmless on a continuing basis us and our affiliates, and our and their employees, representatives, agents, advisors, directors, officers, managers, shareholders, suppliers and licensors (the "Indemnified Parties") immediately (on demand) from any claim or demand, including reasonable and/or statutory legal fees, made by any third party due to or arising out of your use of the NOOK Device or the NOOK Device Service and/or related to, or connected with your actual or alleged breach of these NOOK Device Terms of Service or your violation of any applicable law or regulation or the rights of a third party.

  4. 4. TERMINATION OR SUSPENSION

    (a) Termination By Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your NOOK account and/or any Sub Accounts or your access to all or any part of the NOOK Device Service, for any reason in our sole discretion.

    Where reasonableness is required by applicable local law, we may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your NOOK account and/or any Sub Accounts or your access to all or any part of the NOOK Device Service for any reason in our sole discretion where we reasonably consider it necessary, including where we believe that you have violated any term or condition of these NOOK Device Terms of Service or any applicable local laws or regulations, or may cause us, our suppliers or licensors, or another user of the NOOK Service financial loss or legal liability.

    In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you that (i) your right to use or access any part of the NOOK Device Service has been terminated including the right to use, access or create any NOOK account and/or any Sub Accounts thereon; (ii) that we refuse to provide any services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

    (b) By You. You may terminate your use of the NOOK Device Service at any time by ceasing all use of the NOOK Device Service and deregistereing your NOOK Device by following the process provided for on the NOOK Website.

    (c) Effect of Termination or Suspension. Following termination (by us or by you) or suspension, you will not be permitted to use the NOOK Device Service or access your NOOK Library and/or NOOK account, although termination/suspension of your right to use the NOOK Device Service will not affect your right to view Digital Content or Video Content (as applicable and each where available) that you have already lawfully acquired and downloaded to your NOOK Device and use in accordance with these NOOK Device Terms of Service and any other applicable terms of use. In the case of termination by us of your NOOK account and/or any Sub Accounts, you will remain liable for all amounts due under your NOOK account (including under any Sub Accounts) up to and including the date of termination.

    Upon termination of these NOOK Device Terms of Service, the following Sections shall continue in force and you explicitly agree to be bound by the following Sections: Section 2(d) (Sub Accounts); Section 2(e) (Sideloaded Content); Section 2(h) (Interactive Community); Section 2(o) (Wireless Connection); Section 2(p) (Internet Connectivity Charges); Section 3(e) (Export Control); Section 3(f) (U.S. Government End Users); Section 3(g) (Indemnity); Section 4 (Termination or Suspension); Section 5 (Disclaimers; Exclusions and Limitations); Section 6 (Dispute Resolution); Section 7 (General); and/or any other provisions of these NOOK Device Terms of Service that are expressly or by implication intended to come into or continue in force on or after termination of these NOOK Device Terms of Service.

  5. 5. DISCLAIMERS; EXCLUSIONS AND LIMITATIONS

    (a) DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW AND SAVE FOR THE ONE YEAR LIMITED WARRANTY (AVAILABLE HERE [LINK]) (WHERE APPLICABLE), WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE NOOK DEVICE AND THE NOOK DEVICE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE NOOK DEVICE IS AT YOUR SOLE RISK.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE DO NOT REPRESENT OR WARRANT THAT THE NOOK DEVICE OR ITS USE, OR THE NOOK DEVICE SERVICE, WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

    (b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR PURCHASE OR USE OF (OR INABILITY TO USE) THE NOOK DEVICE AND/OR THE NOOK DEVICE SERVICE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

    (c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHERE (I) THERE WAS NO BREACH OF STATUTORY DUTY OR FAILURE ON OUR PART (OR OUR EMPLOYEES OR AGENTS OR REPRESENTATIVES); (II) IT IS NOT A REASONABLY FORESEEABLE CONSEQUENCE OF ANY SUCH BREACH; OR (III) IT RELATES TO BUSINESS LOSS (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA OR DAMAGE TO REPUTATION OR GOODWILL). TO THE EXTENT THAT APPLICABLE LOCAL LAW PERMITS, ANY SUCH LIABILITY FOR THE MATTERS SET OUT IN THIS PARAGRAPH SHALL BE LIMITED TO US$50 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).

    NOTWITHSTANDING THE ABOVE, CERTAIN LOCAL LAWS DO NOT ALLOW SUCH EXCLUSIONS OF OR LIMITATIONS OF LIABILITY, IN WHICH CASE NOTHING IN THESE NOOK DEVICE TERMS OF SERVICE 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 SUPPLIERS' OR LICENSORS' EMPLOYEES, AGENTS, REPRESENTATIVES OR SUB-CONTRACTORS (AS APPLICABLE), GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL DEFAULT OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LOCAL LAW.

    (d) IMPACT OF LOCAL LAWS. CERTAIN LOCAL LAWS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF 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 LOCAL LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    (f) FORCE MAJEURE. WE WILL NOT BE LIABLE TO YOU FOR FAILING TO PERFORM OUR OBLIGATIONS UNDER OR ARISING OUT OF THESE NOOK DEVICE TERMS OF SERVICE OR ANY APPLICABLE LOCAL LAWS OR REGULATIONS BECAUSE OF ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING 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, ACTS OF WAR OR OTHER ACTION OF MILITARY FORCES, TERRORISM, RIOT, CIVIL COMMOTION, SABOTAGE, VANDALISM, ACCIDENT, FIRE, FLOOD, ACTS OF GOD, STRIKE, LOCK-OUT OR OTHER INDUSTRIAL DISPUTES (WHETHER OR NOT INVOLVING OUR EMPLOYEES OR THOSE OF OUR AFFILIATES, SUPPLIERS OR LICENSORS) OR LEGISLATIVE OR ADMINISTRATIVE INTERFERENCE (INCLUDING THOSE GIVING RISE TO CURRENCY CHANGES OR OTHERWISE AFFECTING OUR ABILITY TO OPERATE OR PROVIDE THE NOOK SERVICE, WHETHER IN WHOLE OR IN PART).

  6. 6. DISPUTE RESOLUTION

    *THIS SECTION 6 DOES NOT APPLY TO USERS DOMICILED IN THE EUROPEAN UNION OR OTHER JURISDICTIONS WHERE IT IS NOT PERMITTED BY LOCAL LAWS*

    Any claim or controversy at law or equity arising from, relating to, or connected with these NOOK Device Terms of Service (each a "Claim") will be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be New York or, where limited by applicable local law, the country of your domicile. Notwithstanding this Section 6, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors. Any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE NOOK DEVICE TERMS OF SERVICE. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this Section 6 is a material inducement for the other party to enter into these NOOK Device Terms of Service. You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have arising out of, relating to, or in connection with these NOOK Device Terms of Service must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.

    For purposes of any Claim that is not subject to the arbitration procedures in Section 6 above, we both agree to the governing law and jurisdiction as set out in Section 7(j) below.

  7. 7. GENERAL

    (a) Interpretation. Headings used in these NOOK Device Terms of Service are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation". The singular includes the plural and vice versa. These NOOK Device Terms of Service are binding upon each party and its successors and permitted assigns.

    (b) Entire Agreement. Except for any additional terms that apply to your use of the NOOK Device and/or the NOOK Device Service as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the NOOK Device and the NOOK Device Service, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.

    (c) Severability. The provisions of these NOOK Device Terms of Service are intended to be severable. If for any reason any provision of these NOOK Device Terms of Service 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.

    (d) Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers and licensors are intended third-party beneficiaries of these NOOK Device Terms of Service.

    (e) No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these NOOK Device Terms of Service or by law will not operate as a waiver of such right, remedy or provision.

    (f) Notices. Where we need to send you notices under these NOOK Device Terms of Service or in connection with your use of the NOOK Device and/or the NOOK Device Service, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your NOOK account or another email address that you provide to us. To the maximum extent permitted by applicable local law, you acknowledge and agree that any communication via email or by postings on the NOOK Device and/or the NOOK Device Service satisfies any legal requirement that such communications be made in writing.

    (g) Changes to NOOK Device and NOOK Device Service and Amendments to these NOOK Device Terms of Service. To the maximum extent permitted by applicable local law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Software and the NOOK Device Service, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these NOOK Device Terms of Service in our sole discretion. You should periodically review these NOOK Device Terms of Service so that you are aware of the terms and conditions that apply to your use of the NOOK Device and the NOOK Device Service. Your use of the NOOK Device and the NOOK Device Service after any modification, purchasing, downloading or streaming (or otherwise transferring to your NOOK Library) Digital Content and/or Video Content (each, where available) via the NOOK Device, or accessing Digital Content and/or Video Content (each, where available) previously purchased or downloaded (or otherwise transferred to you NOOK Library) via the NOOK Device, or otherwise using the NOOK Device Service constitutes your acceptance of the most recent version of these NOOK Device Terms of Service as modified.

    (h) Assignment. These NOOK Device Terms of Service 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 Device; provided, however, that the person to whom you transfer your NOOK Device must register your NOOK Device in their name. You will be responsible for all use of your NOOK Device until that NOOK Device is registered in their name. Similarly, if you lend your NOOK Device to another person or another person otherwise uses your NOOK Device, you will be responsible for that person's use of your NOOK Device. We may freely assign or transfer this Agreement or any of our rights and obligations under it.

    (i) Conflict. If there is any actual or apparent conflict between these NOOK Device Terms of Service and the NOOK Store Terms of Service regarding your use of the NOOK Device and/or the NOOK Device Service, these NOOK Device Terms of Service shall prevail. However, if there is any actual or apparent conflict between these NOOK Device Terms of Service and the NOOK Store Terms of Service regarding Digital Content and/or Video Content (each, where available), the NOOK Store Terms of Service shall prevail.

    (j) Governing Law; Jurisdiction

    If you are contracting with NOOK Media LLC: To the maximum extent permitted by local laws, the laws of the State of New York, without regard to principles of conflict of laws, will govern these NOOK Device Terms of Service and any dispute or claim of any sort that might arise between you and NOOK Media.

    Subject to Section 6 (Dispute Resolution) above and applicable local laws, we both agree that the federal and state courts of New York County, New York shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these NOOK Device Terms of Service or their subject matter.

    If you are contracting with Barnes & Noble S.à r.l: To the maximum extent permitted by local laws, the laws of the Grand Duchy of Luxembourg, without regard to principles of conflict of laws, will govern these NOOK Device Terms of Service and any dispute or claim of any sort that might arise between you and NOOK Media.

    Subject to Section 6 (Dispute Resolution) above and applicable local laws, we both agree that the courts of the judicial district of Luxembourg City shall have the non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these NOOK Device Terms of Service or their subject matter.

    (k) Contact Information. For help with the NOOK Device or if you have any questions regarding these NOOK Device Terms of Service, please send an email to customer service.

ATTACHMENT 1 - THIRD PARTY SOFTWARE TERMS

1. Notwithstanding anything to the contrary in the Device Terms of Service, 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.

OSS Release for NOOK 1.3.0

OSS Release for NOOK 1.3.1 (Delta Release to 1.3.0)

2. Notwithstanding anything to the contrary in the Device Terms of Service, 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 the Device Terms of Service, certain components of the Software 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 the Device Terms of Service, certain components of the Software are licensed subject to the third-party rights and terms of the licenses and permission notices reproduced on Exhibit D. 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.

EXHIBIT A

GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

<one line to give the program's name and a brief idea of what it does.> Copyright (C) <year> <name of author> This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.

<signature of Ty Coon>, 1 April 1989

Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License.

EXHIBIT B

GNU LESSER GENERAL PUBLIC LICENSE

Version 2.1, February 1999

Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.

This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.

When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.

To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.

For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights.

We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.

To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others.

Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license.

Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.

When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library.

We call this license the "Lesser" General Public License because it does Less to protect the user's freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances.

For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License.

In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body of free software. For example, permission to use the GNU C Library in non-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system.

Although the Lesser General Public License is Less protective of the users' freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library.

The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a work based on the library and a "work that uses the library". The former contains code derived from the library, whereas the latter must be combined with the library in order to run.

GNU LESSER GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License"). Each licensee is addressed as "you".

A "library" means a collection of software functions and/or data prepared so as to be conveniently linked with application programs (which use some of those functions and data) to form executables.

The "Library", below, refers to any such software library or work which has been distributed under these terms. A "work based on the Library" means either the Library or any derivative work under copyright law: that is to say, a work containing the Library or a portion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".)

"Source code" for a work means the preferred form of the work for making modifications to it. For a library, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the library.

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running a program using the Library is not restricted, and output from such a program is covered only if its contents constitute a work based on the Library (independent of the use of the Library in a tool for writing it). Whether that is true depends on what the Library does and what the program that uses the Library does.

1. You may copy and distribute verbatim copies of the Library's complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the Library.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Library or any portion of it, thus forming a work based on the Library, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) The modified work must itself be a software library.
b) You must cause the files modified to carry prominent notices stating that you changed the files and the date of any change.
c) You must cause the whole of the work to be licensed at no charge to all third parties under the terms of this License.
d) If a facility in the modified Library refers to a function or a table of data to be supplied by an application program that uses the facility, other than as an argument passed when the facility is invoked, then you must make a good faith effort to ensure that, in the event an application does not supply such function or table, the facility still operates, and performs whatever part of its purpose remains meaningful. (For example, a function in a library to compute square roots has a purpose that is entirely well-defined independent of the application. Therefore, Subsection 2d requires that any application-supplied function or table used by this function must be optional: if the application does not supply it, the square root function must still compute square roots.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Library, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Library, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Library.

In addition, mere aggregation of another work not based on the Library with the Library (or with a work based on the Library) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may opt to apply the terms of the ordinary GNU General Public License instead of this License to a given copy of the Library. To do this, you must alter all the notices that refer to this License, so that they refer to the ordinary GNU General Public License, version 2, instead of to this License. (If a newer version than version 2 of the ordinary GNU General Public License has appeared, then you can specify that version instead if you wish.) Do not make any other change in these notices.

Once this change is made in a given copy, it is irreversible for that copy, so the ordinary GNU General Public License applies to all subsequent copies and derivative works made from that copy.

This option is useful when you wish to copy part of the code of the Library into a program that is not a library.

4. You may copy and distribute the Library (or a portion or derivative of it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange.

If distribution of object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place satisfies the requirement to distribute the source code, even though third parties are not compelled to copy the source along with the object code.

5. A program that contains no derivative of any portion of the Library, but is designed to work with the Library by being compiled or linked with it, is called a "work that uses the Library". Such a work, in isolation, is not a derivative work of the Library, and therefore falls outside the scope of this License.

However, linking a "work that uses the Library" with the Library creates an executable that is a derivative of the Library (because it contains portions of the Library), rather than a "work that uses the library". The executable is therefore covered by this License. Section 6 states terms for distribution of such executables.

When a "work that uses the Library" uses material from a header file that is part of the Library, the object code for the work may be a derivative work of the Library even though the source code is not. Whether this is true is especially significant if the work can be linked without the Library, or if the work is itself a library. The threshold for this to be true is not precisely defined by law.

If such an object file uses only numerical parameters, data structure layouts and accessors, and small macros and small inline functions (ten lines or less in length), then the use of the object file is unrestricted, regardless of whether it is legally a derivative work. (Executables containing this object code plus portions of the Library will still fall under Section 6.)

Otherwise, if the work is a derivative of the Library, you may distribute the object code for the work under the terms of Section 6. Any executables containing that work also fall under Section 6, whether or not they are linked directly with the Library itself.

6. As an exception to the Sections above, you may also combine or link a "work that uses the Library" with the Library to produce a work containing portions of the Library, and distribute that work under terms of your choice, provided that the terms permit modification of the work for the customer's own use and reverse engineering for debugging such modifications.

You must give prominent notice with each copy of the work that the Library is used in it and that the Library and its use are covered by this License. You must supply a copy of this License. If the work during execution displays copyright notices, you must include the copyright notice for the Library among them, as well as a reference directing the user to the copy of this License. Also, you must do one of these things:

a) Accompany the work with the complete corresponding machine-readable source code for the Library including whatever changes were used in the work (which must be distributed under Sections 1 and 2 above); and, if the work is an executable linked with the Library, with the complete machine-readable "work that uses the Library", as object code and/or source code, so that the user can modify the Library and then relink to produce a modified executable containing the modified Library. (It is understood that the user who changes the contents of definitions files in the Library will not necessarily be able to recompile the application to use the modified definitions.)

b) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (1) uses at run time a copy of the library already present on the user's computer system, rather than copying library functions into the executable, and (2) will operate properly with a modified version of the library, if the user installs one, as long as the modified version is interface-compatible with the version that the work was made with.

c) Accompany the work with a written offer, valid for at least three years, to give the same user the materials specified in Subsection 6a, above, for a charge no more than the cost of performing this distribution.

d) If distribution of the work is made by offering access to copy from a designated place, offer equivalent access to copy the above specified materials from the same place.

e) Verify that the user has already received a copy of these materials or that you have already sent this user a copy.

For an executable, the required form of the "work that uses the Library" must include any data and utility programs needed for reproducing the executable from it. However, as a special exception, the materials to be distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

It may happen that this requirement contradicts the license restrictions of other proprietary libraries that do not normally accompany the operating system. Such a contradiction means you cannot use both them and the Library together in an executable that you distribute.

7. You may place library facilities that are a work based on the Library side-by-side in a single library together with other library facilities not covered by this License, and distribute such a combined library, provided that the separate distribution of the work based on the Library and of the other library facilities is otherwise permitted, and provided that you do these two things:

a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities. This must be distributed under the terms of the Sections above.

b) Give prominent notice with the combined library of the fact that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.

8. You may not copy, modify, sublicense, link with, or distribute the Library except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, link with, or distribute the Library is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

9. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Library or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Library (or any work based on the Library), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Library or works based on it.

10. Each time you redistribute the Library (or any work based on the Library), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the Library subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties with this License.

11. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Library at all. For example, if a patent license would not permit royalty-free redistribution of the Library by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Library.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply, and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

12. If the distribution and/or use of the Library is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Library under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

13. The Free Software Foundation may publish revised and/or new versions of the Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Library specifies a version number of this License which applies to it and any later version, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Library does not specify a license version number, you may choose any version ever published by the Free Software Foundation.

14. If you wish to incorporate parts of the Library into other free programs whose distribution conditions are incompatible with these, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Libraries

If you develop a new library, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change. You can do so by permitting redistribution under these terms (or, alternatively, under the terms of the ordinary General Public License).

To apply these terms, attach the following notices to the library. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the copyright line and a pointer to where the full notice is found.

<one line to give the library's name and a brief idea of what it does.> Copyright (C) <year> <name of author> This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Also add information on how to contact you by electronic and paper mail.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the library 'Frob' (a library for tweaking knobs) written by James Random Hacker.

<signature of Ty Coon>, 1 April 1990

Ty Coon, President of Vice

That's all there is to it!

EXHIBIT C

Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

EXHIBIT D

Permissions and Miscellaneous Licenses and Notices

Your NOOK contains Adobe® Reader® Mobile software under license from Adobe Systems Incorporated, Copyright © 1995-2010 ADOBE SYSTEMS INCORPORATED. ALL RIGHTS RESERVED. Adobe and Reader are trademarks of Adobe Systems Incorporated.

Your NOOK contains iType™ from Monotype Imaging, Inc. iType is a trademark of Monotype Imaging, Inc.

Copyright(c) 1998 - 2008 Texas Instruments. All rights reserved.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

-Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
-Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
-Neither the name Texas Instruments nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. N NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Copyright (c) 1997 Eric S. Raymond
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Copyright (C) 1998-2003 Daniel Veillard. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1995-2009 International Business Machines Corporation and others
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.

+/* These two pieces of code originally come from
+ * Lee Hollingworth
+ * http://c-faq.com/osdep/kbhit.txt
+ * Floyd L. Davidson
+ * http://kasperd.net/~kasperd/comp.os.linux.development/ncurses2.txt
+ *
+ * Both authors have expressed their consent to use this code freely.

Portions of this software are copyright © 1996-2000 The FreeType Project (www.freetype.org). All rights reserved.

ATTACHMENT 2 – AT&T TERMS OF SERVICE & ACCEPTABLE USE POLICY

These Terms of Service & Acceptable Use Policy (the "Terms") govern your use of AT&T Internet Services' AT&T Wi-Fi service ("Service") and the AT&T Internet Services network ("Network"). If you connect to the AT&T Wi-Fi service via one of AT&T's roaming partners, your use of the Service will also be governed by that provider's Terms of Service and Acceptable Use Policy, which will be available on the first screen that you see when you access the Wi-Fi service. Before using the Service, read the following Terms. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service.

Terms of Service

Description of the Service

The Service is provided by AT&T Internet Services ("AT&T"). The Service provides you with wireless access to the Internet via certain AT&T high-speed Internet access points ("Locations") and, depending on your Service plan, certain roaming partner locations. AT&T offers two types of plans: (1) subscription plans for AT&T High Speed Internet Customers ("Subscription"); and (2) membership plans for those who do not have AT&T High Speed Internet ("Membership") (Membership plans include special offers such as the Starbucks Loyalty Membership and Starbucks Partner Membership program). Membership customers are also subject to the terms of conditions of the applicable End User Membership Agreement.

AT&T may, but is not obligated to, extend its Locations through roaming agreements with other Internet Service Providers. If AT&T does extend its Locations and you access the Service of a roaming partner, you will be responsible for any applicable roaming charges if you do not subscribe to a roaming Service plan from AT&T.

Charges/Billing/Payment

You agree to pay all charges and fees specified when your ordered the Service, including any monthly recurring or nonrecurring charges, taxes, fees, surcharges or other assessments applicable to the Service. All AT&T charges for the Service are billed in advance. Membership customers are billed according to the terms and conditions of the Membership Agreement. Subscription customers' charges will appear monthly on the AT&T portion of your AT&T local telephone bill. The Service is provided on a month-to-month basis and the monthly charges are subject to change. Payment for the Service is due on the date specified on the AT&T local telephone bill. If any portion of payment is received after the payment due date, a monthly late charge may apply. The monthly late charge will be administered according to standard AT&T billing procedures and will not exceed the highest amount allowed by law. The late charge will be applied to the entire outstanding balance for each month or portion thereof for which the balance remains unpaid. In the event you fail to pay charges, AT&T may suspend or terminate your Service and may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against you or AT&T on the charges and all late payment, interest or other fees as stated on your bill. You will also be charged a fee for any check returned to AT&T relating to the Service. AT&T may modify its billing practices or late payment charges by providing you with prior written notice of the modification.

Service Suspension/Termination/Cancellation

AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. However, AT&T may immediately terminate or suspend all or a portion of your Service, without notice, for conduct that AT&T believes (a) violates the Acceptable Use Policy, set forth below; or (b) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws) or a violation of these Terms, or any applicable policies or guidelines. Your Service may be suspended or terminated if your payment is past due and such condition continues un-remedied for thirty (30) days. Termination or suspension by AT&T of Service also constitutes termination or suspension (as applicable) of your license to use any Software. AT&T may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow AT&T to bill you for Service. Membership customers: customer cancellation of Services is governed by the terms and conditions of your Membership Agreement. Subscription customers: you may cancel your subscription to the Service at any time by contacting AT&T. If canceled after the first month, subscription charges will be prorated to the date the Service is cancelled. If you disconnect your DSL or Dial Internet access services, your subscription to the Service will also automatically cancel.

Modifications to the Service / Updates to the Terms

AT&T reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof, including but not limited to rates and charges) with or without notice. You agree that AT&T will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. Without limiting the foregoing, AT&T may post, or email, notices of changes in the Service. It is your responsibility to check our website and your AT&T email address for any such notices. You agree that AT&T will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

These Terms may be updated or changed from time to time. The current Terms shall be posted at: ("Website"). If AT&T makes a change to these Terms and that change has a material impact on the Service, you will be provided electronic notice of that change via e-mail or other written notice. Your continued use of the Service following such notice constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your Service immediately.

Operational Limits of the Service.

Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that AT&T will not be liable for such interruptions. You further understand and agree that AT&T has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of AT&T. AT&T will not be liable for any failure of performance, if such failure is due to any cause beyond AT&T's reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or your equipment.

Registration/Customer Information/Password Security

All information that you provide to AT&T must be accurate, including your name, email address, physical address, credit or charge card numbers and expiration dates and any Service payment information ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to AT&T. You agree to keep confidential your log-in ID and password and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your member ID. You agree to immediately notify AT&T if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your member ID or password.

Third Party Content Disclaimer/ Links to Third Party Sites

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by AT&T. AT&T does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by AT&T. This Service may be linked to other websites which are not under the control of and are not maintained by AT&T. AT&T is not responsible for the content of those sites. AT&T is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by AT&T of those sites.

Privacy Policy

Registration data and certain other information about you is subject to the AT&T Wi-Fi Privacy Policy. For more information see: http://secure.sbc.com/privacy_statement.adp.

General Use Restrictions

Subject to your acceptance of and compliance with these Terms, payment to AT&T for the Service and compliance with all AT&T Online Policies identified below, you are hereby granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your subscription to or membership in the Service, any portion of the Service, use of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access the Service or use the AT&T Network. All information, documents, products, and software (the "Materials") provided with this Service were provided by or to AT&T Internet Services (AT&T) by their respective manufacturers, authors, developers, licensees and vendors (including, without limitation, Wayport, Inc.) (the "Third Party Providers") and are the copyrighted work of AT&T and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AT&T or the Third Party Provider. You also may not, without AT&T' prior express written permission, "mirror" any Material provided with this Service on any other server. Nothing provided with this Service shall be construed as conferring any license under any of AT&T' or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials provided with or through this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Software Use Restrictions

Any software that is made available to download with the Service (the "Software") is the copyrighted work of AT&T and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Installation assistance, product support and maintenance, if any, of the Software is available from AT&T and/or the Third Party Providers, as the case may be.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Submissions

Unless otherwise explicitly stated, any Materials provided by you in connection with this Service shall be deemed to be provided on a non-proprietary and non-confidential basis. AT&T shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not AT&T, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of Warranties

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. AT&T MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AT&T DOES NOT AUTHORIZE ANYONE OT MAKE A WARRANTY ON AT&T' BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF AT&T.

Limitation of AT&T Liability

AT&T SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. MOREOVER, IN NO EVENT SHALL AT&T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF AT&T HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS WHERE PERMITTED, AT&T' SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO AT&T BY YOU FOR USE OF THE SERVICE.

Indemnity

You agree to indemnify and hold harmless AT&T and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these TOS; (d) your violation of the AUP; (d) your violation of any rights of another; and (e) use of your account and any Sub-Account whether or not such usage is expressly authorized by you.

Liability of Customer

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST AT&T FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AT&T (INCLUDING ITS PARENT AND AFFILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND YOU COVENANT NOT TO SUE AT&T FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE SERVICE AND MATERIALS.

Local Laws; Export Control

AT&T and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in various locations in the United States of America and makes no representation that these Materials or the Service are appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

Unless otherwise explicitly stated, all marketing or promotional materials provided with or through this the Materials or the Service are solely directed to individuals, companies or other entities located in the United States, the United Kingdom and Australia. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from AT&T, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

U.S. Government Rights

The Materials on this Service are provided with the following restrictions: Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of AT&T' and/or the Third Party Provider's proprietary rights in them.

General

This Service could include inaccuracies or typographical errors. Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms provide basic guidelines for your use of the Service, and will be enforced in conjunction with other Terms of Service or Membership Agreement, if any, that govern AT&T products or services that you use or that you have purchased. In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.

Infringement of Intellectual Property Rights

You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an AT&T site or Service(s).

For more information about AT&T's copyright protection practices under the Digital Millennium Copyright Act (DMCA) of 1998, and for information on how to contact AT&T's DMCA agent, please refer to: www.att.net/legal/copyright

ACCEPTABLE USE POLICY

The AT&T Acceptable Use Policy is designed to help protect AT&T's assets, the assets of its Customers, and the Internet community, from irresponsible or illegal activities of AT&T Customers and its Users. These activities may disrupt or degrade AT&T IP Services, pose a threat to AT&T's assets, expose AT&T (or other providers of IP Services) to claims of civil or criminal liability or other legal sanctions. Moreover, because of various conventions used in the industry (including blocking, filtering and blacklisting) these activities may impair AT&T's ability to interconnect with other providers of IP Service. These activities may relate to the content stored or transmitted by Customers or its Users or to the nature of the transmissions themselves such as sending large numbers of unsolicited messages (Spam).

Customers are responsible for avoiding the prohibited activities and strictly following the AUP terms set forth herein.

AUP Coverage

The AT&T Acceptable Use Policy ("AUP") applies to the services that provide (or include) access to the Internet, services provided over the Internet, and Hosting services (collectively "IP Services"). Customer is responsible for the actions of others who may be using the IP Service(s) under Customer's account. It is Customer's obligation to take whatever measures are necessary to protect access to Customer's account (e.g., to keep the access password secure). If a Customer or its User(s) violate the AUP, AT&T may, depending on the nature and severity of the violation, suspend or terminate service, as specified below.

Customer may have access through the AT&T network(s) and Service(s) to search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP.

AT&T is aware that some of its Customers are, themselves, providers of Internet based services, and that information reaching AT&T network(s) or facilities from those Customers may have originated from the AT&T Customer or from another third-party. AT&T reserves the right to take action against AT&T Customer and directly against such Customers' subscribers, even though the AT&T's corrective action may affect other non-offending subscribers of the AT&T Customer.

AUP Enforcement and Notice

Customer's failure to observe the guidelines set forth in this AUP may result in AT&T taking actions anywhere from a warning to a suspension of privileges or termination of your Service(s). AT&T reserves the right, but does not assume the obligation, to strictly enforce the AUP. When feasible, AT&T may provide Customer with notice of an AUP violation via e-mail or otherwise and demand that such violation is immediately corrected.

However, AT&T reserves the right to act immediately and without notice to suspend or terminate IP Service(s) in response to a court order or other legal requirement that certain conduct should be stopped or when AT&T determines, in its sole discretion, that the conduct may: (1) expose AT&T to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of AT&T's network(s) or facilities, (3) interfere with another person's use of AT&T's IP Service(s) or the Internet, or (4) otherwise present a risk of harm to AT&T or AT&T Customers or other parties AT&T interconnects with.

AT&T's decisions with respect to interpretation of the AUP and appropriate remedial actions are final and determined by AT&T in its sole discretion. AT&T may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. AT&T assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.

AT&T does not, as an ordinary practice, proactively monitor the activities of those who use its IP Service(s) or exercise any editorial control over any material transmitted, hosted or posted using IP Services to ensure that its Customers comply with the AUP and/or the law, although it reserves the right to do so. If AT&T is alerted to violations or potential violations of this AUP, AT&T will take whatever measures it deems necessary and appropriate to stop or prevent such violations including the actions described in this AUP. For example, AT&T may in its sole discretion refuse to transmit, screen, or editing content prior to delivery of the IP Service(s), block access to certain categories of numbers or certain sites as AT&T determines needed to enforce these policies.

If your Service is suspended or terminated for any AUP violation, you must get written approval from the AT&T Abuse Team (outside of the normal ordering process) prior to reactivating or ordering new service. In any case, AT&T may, in its discretion, decline to reinstate your Service. If AT&T approves you for reinstatement or new service, set-up fees, reactivation fees or deposits may apply. If AT&T discovers that you have renewed Service, or ordered new Service, following termination for an AUP violation without the prior written consent of the AT&T abuse team, it may terminate your Service without further notice. In such case, you are responsible for any applicable early termination charges.

AT&T will not issue any refunds, credits or other forms of compensation for the period when IP Service(s) have been suspended as a result of violation(s) or alleged violation(s) of this AUP.

AT&T shall not be liable for any damages of any nature suffered by any Customer, User, or third party resulting in whole or in part from AT&T's exercise of its rights under this AUP.

Prohibited Actions

AT&T respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. AT&T is committed at all times, however, to complying with the laws and regulations governing use of the Internet and e-mail transmissions and to preserving for all of its Customers the ability to use AT&T's network and the Internet without interference or harassment from other users. AT&T prohibits use of its IP Services in any way that is unlawful, interferes with use of AT&T's network or the Internet, interferes in any way with the usage or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, constitutes Spam/E-mail/Usenet abuse, or presents security or privacy risks. Customer will not resell or provide Service(s) to unauthorized third parties, whether as part of a commercial enterprise or otherwise.

Customer is prohibited from engaging in any other activity, whether legal or not, that AT&T determines in its sole discretion, to be harmful to its subscribers, operations, network(s).

Unlawful Activities

AT&T IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, and provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.

By using the IP Service(s), Customer represents and warrants to AT&T that Customer (and its Users) are not resident(s) of any country or affiliated with any of organization prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac and http://www.bxa.doc.gov/dpl/thedeniallist.asp.. Accounts registered using false or misleading information may be terminated immediately and without notice.

Intellectual Property

You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an AT&T site or Service(s).

For more information about AT&T's copyright protection practices under the Digital Millennium Copyright Act (DMCA) of 1998:, and for information on how to contact AT&T's DMCA agent, please refer to: http://www.att.net/legal/copyright.

Offensive or Threatening Material or Content

AT&T IP Services shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to AT&T's network or to the network of any other IP Service provider. Customer shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing.

Interaction with Minors

AT&T has a zero tolerance policy regarding use of its Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use this Service to harm or intimidate a minor. AT&T complies with all federal and state laws pertaining to the protection of minors, including the reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org or www.att.com/safety.

Spam/E-mail/Usenet Abuse

Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes an automatic violation of this AUP and AT&T reserves the right to seek damages and other available relief against Customer, as applicable.

Spam/E-mail/Usenet Abuse is prohibited on AT&T IP Services. Examples of Spam/E-mail/Usenet Abuse include but are not limited to the following activities:
• Sending unsolicited electronic mail messages and "mail-bombing" (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient) using IP Service(s) are prohibited.
• using another site's mail server to relay mail without the express permission of the site;
• using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;
• using IP addresses that the Customer does not have a right to use;
• collecting the responses from unsolicited electronic messages;
• maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
• spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations;
• sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the AT&T IP Services or the Internet (e.g., through language, frequency, size or otherwise);
• sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
• using distribution lists containing addresses that include those who have opted out;
• sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header.
• forging headers or identifiers in order to disguise the origin of e-mail;
• use of redirect links in unsolicited commercial e-mail to advertise a website or service;
• posting a single message, or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;
• posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information.
• sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the AT&T network or of the networks with which AT&T interconnects
• intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties
• knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends
• using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam; Spam Damages: Because spam related damages are often difficult to quantify, in those cases where the actual damages cannot be reasonably calculated AT&T reserves the right to seek from the Customer liquidated damages in the amount of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with Customer's account, in addition to any other rights and remedies AT&T may have in contract, law and equity.

Security Violations

It is Customer's responsibility to ensure the security of its network and the machines that connect to and use IP Service(s). You are responsible for configuring and securing your services to prevent damage to the AT&T network and/or the disruption of Service(s) to other customers, and ensuring that your customers and users use the Service(s) in an appropriate manner. Customer is required to take all necessary steps to manage the use of the IP Service(s) in such a manner that network abuse is prevented or minimized to the greatest extent possible. It is Customer's responsibility to take corrective actions on vulnerable or exploited systems to prevent continued abuse. Violations of system or network security are prohibited and may result in criminal and/or civil liability.

AT&T IP Services may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of AT&T's or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of violations of system or network security include but are not limited to:
• intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
• hacking - attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
• impersonating others in order to obtain another user's account password or other personal information. • using the IP Service(s) to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.), or engage in modem hi-jacking;
• using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
• distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
• unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; this would include use of sniffers or SNMP tools;
• falsifying packet header, sender, or User information whether in whole or in part to mask the identity of the sender, originator or point of origin;
• knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
• engaging in the transmission of pirated software;
• with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the AT&T IP Service(s) or using your account for the purpose of operating a server of any type;
• using manual or electronic means to avoid any use limitations placed on the Services;
• gaining unauthorized access to private networks;
• violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the IP Service(s).

Network Usage

Where an AT&T Service account, service or feature description specifies limits on bandwidth, disk utilization, simultaneous connections, and/or aggregate data download or upload, use in excess of those limits is not permitted without an appropriate change in account type or status and may incur additional charges for such usage.

Bandwidth, disk utilization, simultaneous connections, and aggregate data downloads/uploads will be computed or determined by AT&T from time to time in developing its product and service offerings. In the event AT&T determines that an account is exceeding the relevant bandwidth, disk utilization, aggregate data download/upload limits, simultaneous connections, or reasonable session times, the account owner will generally be notified by E-mail. If the excess use continues after such notification, the owner may be requested to upgrade the type of account or to modify the activity creating the excess use, or the account may be terminated.

If excessive bandwidth, disk space utilization, simultaneous connections, aggregate data download or upload, or session length is determined to adversely affect AT&T's ability to provide service, immediate action may be taken. The account owner may be notified by e-mail as soon as practical thereafter.

Customer Responsibilities

Customer remains solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. AT&T takes no responsibility and assumes no liability for any material created or accessible on or through the AT&T network(s) using IP Service(s), or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity Customer (or its Users) may encounter. As the provider of IP Service(s), AT&T is only a forum and is not liable for any statements, representations, or content provided by the users of IP Services in any public forum. AT&T shall not be obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that AT&T becomes aware that any such material may violate this AUP, other applicable terms of use or contract provisions, and/or expose AT&T to civil or criminal liability, AT&T reserves the right to block access to such material and suspend or terminate the Service of any user creating, storing or disseminating such material. AT&T further reserves the right to conduct investigations into fraud, violations of the Terms of Service, this AUP or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that AT&T deems responsible for the wrongdoing.

Customer agrees to indemnify and hold AT&T harmless from any claim, action, demand, loss, or damage (including attorneys' fees) made by any third party against AT&T as a provider of the IP Service(s) arising out of or relating to any violation(s) of this AUP by Customer (or its Users).

Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an AT&T Customer (or its User) should be directed to abuse@att.net. Where possible, include details that would assist AT&T in investigating and resolving such complaint (i.e. expanded headers and a copy of the offending transmission).

Revisions to the AUP

AT&T reserves the right to modify its Acceptable Use Policy at any time, and effective when posted to AT&T's web site. Notice of any change to this AUP may also be provided to a Customer via electronic mail, if Customer subscribes to AT&T's automated notification system regarding any AUP changes. It is your responsibility to notify AT&T of any change of address. You must respond in a timely manner to complaints concerning misuse of the Service(s) obtained from AT&T. Failure to responsibly manage the use of the Service(s) obtained from AT&T may be cause for termination of Service(s) to you and, depending upon the terms under which you acquired your Service(s), could lead to the imposition of early termination fees.