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Barnes & Noble Application End User License Agreement

Last Updated: February 1, 2021

The following Application End User License Agreement (“EULA”) governs your use of any Barnes & Noble or NOOK licensed application, any software contained within it (including any upgrades or updates to the software), any related documentation we make available to you in connection with this application (collectively, the “Application”), and any Digital Content you download or access through the Application (as defined in the Digital Content Terms of Sale). The Application and any Digital Content are Barnes & Noble Services under the barnesandnoble.com Terms and Conditions of Use and the Digital Content Terms of Sale. PLEASE READ THIS EULA CAREFULLY BEFORE USING THE APPLICATION. BY USING THIS APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THE APPLICATION.

Unless otherwise explicitly permitted herein, you may not use the Application or the Barnes & Noble Services unless you are at least 13 years of age. If you are at least 13 years of age but under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you represent and warrant that you have obtained the consent of your parent or legal guardian and that you have reviewed this EULA with your parent or legal guardian before accessing or using the Application or Barnes & Noble Services to ensure that you understand this EULA. Otherwise, you represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract. In all cases, you represent and warrant that you are not a person barred from accessing or using the Application or Barnes & Noble Services under the laws of your country of residence or any other applicable jurisdiction.

1. YOUR ACCOUNT

(a) Barnes & Noble Account. You may need to register or open a Barnes & Noble account with us in order to use certain features of the Application. If the Application requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form. You may also be required to accept separate terms of use as a condition of opening the account. Your use of the account to access the Barnes & Noble Services and Digital Content you have acquired from the Barnes & Noble Services is subject to all of the terms governing your Barnes & Noble account. For more information about your Barnes & Noble account, please see the Barnes & Noble Terms and Conditions of Use. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You may also be able to create a Barnes & Noble account by logging in through a third-party service. By connecting to the Barnes & Noble Services with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

(b) Setting up Sub Accounts. Certain Applications allow you to set up linked or subordinate accounts (“Sub Accounts”) for additional users of your Barnes & Noble account. Depending on the settings selected, users of a Sub Account may be able to (i) access and/or view Digital Content; (ii) use the Interactive Community features and social features; and (iii) make purchases or sign up for subscription services to Digital Content via their Barnes & Noble account. 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 Barnes & Noble account and follow the guidance for setting up a Sub Account. Both the Barnes & Noble account and the Sub Account will have their own username and password. All users are responsible for: (i) keeping their account information and passwords confidential and secure, (ii) are responsible for all activity that occurs under their Barnes & Noble account or Sub Account.

Your Barnes & Noble account may have access to and control over various aspects of linked Sub Accounts, including (i) access to and availability of Digital Content and parental controls; (ii) financial transactions; and (iii) certain communications from us.

Users may be able to make purchases or sign up for subscription services to Digital Content via the Barnes & Noble Services using a Sub Account. All transactions made by the Sub Account will be processed using the payment information associated with your Barnes & Noble account. Communications from us, including communications about purchases made via the Sub Account, will be sent to your Barnes & Noble account and the email address associated with your Barnes & Noble account, rather than the user of the Sub Account.

Users of Sub Accounts may be able to make use of the Interactive Community features. All material or information posted by a user of a Sub Account (for example, posting Digital Content reviews) will be posted in the name of the Barnes & Noble account holder and not the Sub Account holder. Suspension or termination of your Barnes & Noble account may result in the suspension and termination of all associated Sub Accounts.

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

(c) Sub Accounts for Minors. The Application and the Barnes & Noble Services in general are 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 Barnes & Noble account or continue to use a Sub Account.

Please note that Sub Accounts may enable Minors to browse the entirety of the Digital Content made available through the Barnes & Noble Services and make purchases using the credit card associated with your Barnes & Noble account. IF YOU ARE THE HOLDER OF YOUR Barnes & Noble ACCOUNT, YOU REMAIN LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS OF YOUR MINOR RELATING TO THEIR USE OF YOUR BARNES & NOBLE ACCOUNT AND ANY SUB ACCOUNT(S), AS WELL AS ANY PURCHASES THAT YOUR MINOR MAKES THROUGH THE BARNES & NOBLE SERVICES. 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 this EULA.

Some Digital Content accessed via the Application or the Barnes & Noble Services may not be age- or otherwise appropriate for Minors. You are responsible for monitoring your Minor’s access to content that may be objectionable or age inappropriate.

If you permit a Minor to use your Application, Barnes & Noble account or to set up a Sub Account, you confirm that you accept this EULA and the Digital Content Terms of Sale 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 or signing up for any Digital Content subscription services, (ii) using the credit card that is associated with your Barnes & Noble account, and (iii) posting Digital Content reviews through the Barnes & Noble Services or Barnes & Noble website that will be posted in the name of the Barnes & Noble account holder.

Depending on where you are domiciled, when you create a Sub Account for a Minor the credit card associated with your Barnes & Noble account will be used to verify parental consent required under applicable 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 Application, Barnes & Noble account or to set up a Sub Account, 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 reviews through the Barnes & Noble Services or a Barnes & Noble website, or by using the internet through the web browser. 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 Barnes & Noble account, Sub Account and/or Application, as well as any communications made or received by them through or by means of the Barnes & Noble Services. Content accessible through the Barnes & Noble Services may include links to third-party websites or applications that let you leave the Barnes & Noble Services. These linked sites or applications are not under the control of Barnes & Noble and Barnes & Noble is not responsible for the contents of any linked site or applications or any link contained therein. Barnes & Noble is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Barnes & Noble of such site. Your use of the third-party website or application may be subject to that third party’s terms and conditions. You are solely responsible for obtaining information regarding terms of use of such third parties and their data privacy practices 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.

2. GENERAL

The Application is licensed, not sold, to you by Barnes & Noble Booksellers, Inc., (together with its parents, subsidiaries and affiliates (including Nook Digital LLC), “Barnes & Noble”, “we”, “our” or “us”) and our licensors. You may use the Application solely for purposes of accessing Digital Content and other features of the Application provided by us, and only as permitted by this EULA. We and/or our licensors retain ownership of the Application itself and reserve all rights not expressly granted to you hereunder.

3. LICENSE USES AND RESTRICTIONS

(a) License to Application. Subject to the terms and conditions of this EULA, and as permitted in the Digital Content Terms of Sale, you are granted a limited, non-transferable, non-exclusive license to install and use the Application on any compatible device that you own or control. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application.

(b) System Requirements. The Application is supported only on hardware that meets specified system requirements as indicated by us.

(c) Digital Content. Upon your download or access of Digital Content and payment of any fees (including taxes), if applicable, us or our Third-Party Content Providers, grant you a non-exclusive right to view, use, and display such Digital Content, solely through the Application and on Supported Devices and solely for your personal, non-commercial use. For Digital Content made available for access through a subscription or membership program you may access the content only as long as you maintain an active subscription to the subscription service, unless otherwise specified by Barnes & Noble. Digital Content is licensed, not sold, to you by us or our Third-Party Content Providers. We (and, where applicable, our Third-Party Content Providers) own all rights, title and interest in and to the Barnes & Noble Services (and all Digital Content) and all enhancements, upgrades, and modifications, customizations, and all intellectual property rights therein. All rights, title and interest in the Barnes & Noble Services and Digital Content not expressly granted to you in this EULA are reserved. Some Digital Content, such as interactive or highly formatted content, may not be available to you on all applications. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on any Digital Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Digital Content or the Application. Risk of loss for Digital Content transfers when you download or access such Digital Content. Additional terms may apply to your purchase, access or use of Digital Content through the Barnes & Noble websites, our Barnes & Noble Services or via other authorized channels, software or devices.

(d) No Reverse Engineering. You may not, and agree not to or enable others to, copy (except as expressly permitted by this EULA or by the Digital Content Terms of Sale if they are applicable), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Application or any Barnes & Noble Services, or any part thereof (except and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Application).

(e) Compliance with Laws. You agree to use the Application and the Barnes & Noble Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Application and Barnes & Noble Services.

(f) Updates. In order to keep your Application features up-to-date, we may need to provide updates to the Application, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, “Updates”) from time to time. Such Updates may be necessary in order for you to use the App or to access, download, or use Digital Content. We may provide these Updates manually or automatically without notice to you. You may be able to manage Updates to certain applications via Settings in the applicable Application. It is your responsibility to verify that you are using the most up-to-date version of the Application available.

4. USER GENERATED CONTENT AND OUR INTERACTIVE COMMUNITY

The Application and Barnes & Noble Services offer you numerous opportunities to participate in interactive activities, which enable users to communicate with each other directly, or which enable users to post information and other material that will be visible to other users of that application or services (“Interactive Community”). If you are participating in the Interactive Community services through the Application or any Barnes & Noble Services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other users (“User Created Content”). Please note that your participation in the Interactive Community and your User Created Content will be governed by the barnesandnoble.com Terms and Conditions of Use.

5. CONSENT TO USE OF YOUR DATA

(a) Your Data. We use certain information that we collect from you to operate and provide the Application and the Barnes & Noble Services. Please read our Privacy Policy as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. It is your responsibility to read the current Privacy Policy, so please check it periodically. By using the Application and/or Barnes & Noble Services, you expressly consent to our collection, use and disclosure of your Data as described in our Privacy Policy. Please note that any information you provide to a third party via the Application and/or Barnes & Noble Services, for example via any services provided in the Application through a third party link, will be subject to the privacy notice or similar terms of that third party and not our Privacy Policy.

(b) Diagnostic, Usage and Location Data. When you use the Application through a mobile device, you agree that we may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may use and store information about your location if you give us permission to do so. You can enable or disable location services when you use the Application at any time by way of your device settings. For more information about your data, please read our Privacy Policy as set forth above.

6. SOCIAL FEATURES AND THIRD-PARTY SITES; SIDELOADED CONTENT

(a) Third-Party Sites and Social Features. The Application and/or Barnes & Noble 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 Application and/or the Barnes & Noble Services may include links to third-party websites that let you leave the Application and/or Barnes & Noble Services. These linked sites are not under the control of Barnes & Noble and Barnes & Noble is not responsible for the contents of any linked site or any link contained in a linked site. Barnes & Noble is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Barnes & Noble of such site. Your use of the third-party website or any third party social networking sites or features may be subject to that third party’s 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 Application and/or Barnes & Noble Services.

(b) Sideloaded Content. Some versions and/or features of the Application and/or the Barnes & Noble Services may enable you to upload, use and read digital or electronic content that is not made available to you by us, but which can be accessed via the Application, for example ePub (non-DRM) and Adobe PDF files (“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 Application. 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 law). You represent and warrant that you have all rights (including intellectual property rights) necessary to copy, use and access the Sideloaded Content via the Application. We have no responsibility with respect to your use of the Sideloaded Content.

7. TERMINATION

This EULA is effective until terminated by you or us. You may terminate your use of the Application at any time by ceasing all use and removing/deleting/uninstalling the Application from your device. We may terminate your account or use of the Application at any time for any reason, including, without limitation, if you are in breach of this EULA or any related policies, or if the Application no longer operated by us. We may change, discontinue, or otherwise suspend the Application or any Digital Content at any time, for any reason, and without prior notice to you. Sections 6(b) (Sideloaded Content); Section 7 (Termination); Section 8 (Disclaimer of Warranties); Section 9 (Limitation of Liability), Section 10 (Export Control); Section 11 (U.S. Government End Users); and Section 12 (Miscellaneous) and/or any other provisions of this EULA that are expressly or by implication intended to come into or continue in force on or after termination of this EULA will survive its termination.

8. DISCLAIMER OF WARRANTIES

(a) DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE APPLICATION AND THE BARNES & NOBLE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE APPLICATION OR THE BARNES & NOBLE SERVICES ARE AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE APPLICATION OR THE BARNES & NOBLE SERVICES, ANY BARNES & NOBLE ACCOUNT OR THEIR USE 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.

WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE APPLICATION, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD PARTY ADVERTISERS ON THE APPLICATION OR THROUGH THE BARNES & NOBLE SERVICES.

(b) NO SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HAVE NO OBLIGATION TO MAINTAIN OR SUPPORT THE APPLICATION AND/OR THE BARNES & NOBLE SERVICES. YOUR ABILITY TO ACCESS CERTAIN DIGITAL CONTENT FROM A GIVEN SOURCE MAY DEPEND ON YOUR OBTAINING AND INSTALLING UPDATED VERSIONS OF THE APPLICATION. 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 APPLICATION AND DEVICE TO PREVENT THIS FROM OCCURRING.

9. LIMITATION OF LIABILITY

(a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY 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 USE OF (OR INABILITY TO USE) THE APPLICATION, THE BARNES & NOBLE SERVICES OR ANY BARNES & NOBLE ACCOUNT 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.

THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, BARNES & NOBLE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE BARNES & NOBLE SERVICES OR THE MATERIALS ON THE BARNES & NOBLE SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

(b) LIMITATION OF LIABILITY. IN NO EVENT SHALL BARNES & NOBLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. EXPORT CONTROL

The Application and any related documentation are “commercial computer software” or “commercial computer software documentation”. The U.S. Government’s rights with respect to the Application are limited by this EULA, 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 Application (and generally the Barnes & Noble Services) 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 Application (or generally the Barnes & Noble Services) for any illegal purpose. Because the Application (and the Barnes & Noble Services), and related technical data are subject to U.S. export controls, you agree that you shall not upload, export or “re-export” (transfer) the Application, any part of the Barnes & Noble Services or any content, including Digital Content, unless you have complied with all applicable U.S. export controls.

11. U.S. Government End Users

The Application and any related 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 Application and any related documentation are limited by this EULA 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 Application and any related 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 EULA. 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 this EULA.

12. MISCELLANEOUS

(a) Additional Fees. Internet connectivity is required to use certain features of the Application and/or the Barnes & Noble Services, which may include downloading and/or streaming Digital Content to your device, archiving Digital Content and/or accessing the Interactive Community or social features. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. Some Digital Content may include large amounts of data, and we are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such access.

(b) Governing Law and Severability. This EULA will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. The provisions of this EULA are intended to be severable. If for any reason any provision of this EULA 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.

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

(d) Third Party Acknowledgments. Portions of the Application may utilize or include third party software, open source software and other copyrighted material. Acknowledgments, licensing terms and disclaimers for such material are contained in the electronic documentation for the Application, and your use of such material is governed by their respective terms.