Barnes & Noble nook User Manual page 92

3. Prohibited Conduct. In your use of your Nook or the Service, you may not: (i)
transfer the Digital Content from one electronic reading device to another without maintaining
the applicable digital rights management solution for that Digital Content; (ii) infringe any
patent, trademark, trade secret, copyright, right of publicity or any other right of any party; (iii)
violate any law, rule or regulation, including, without limitation, U.S. export control laws; (iv)
copy, transfer, sublicense, assign, rent, lease, lend, resell or in any way transfer any rights to, or
all or any portion of, the Digital Content to any third party, except as expressly permitted by
the Terms of Use; (v) broadcast, transmit or distribute the Digital Content in any manner, such
as online streaming or making the Digital Content available for download; (vi) interfere with or
damage the Service, including, without limitation, through the use of viruses, cancel bots,
Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing,
forged routing or electronic mail address information or similar methods or technology; (vii)
violate any third-party contract or policy governing the Service, Software or Digital Content;
(viii) open, modify, service or tamper with your Nook; (ix) engage in any activity that interferes
with any third party's ability to use or enjoy the Service; (x) delete, destroy or alter in any
manner the proprietary rights notices, markings and legends appearing on the Digital Content,
Nook, Software or Service; (xi) use the wireless connectivity provided by us for any other
purpose other than in connection with the Service; or (xii) assist or encourage any third party
in engaging in any activity prohibited by this Agreement.
4. Privacy and Security.
(a) Privacy. You agree that we may use, collect and share your information in accordance
with our Privacy Policy. In particular, we will collect, use and/or disclose information regarding
you and your use of your Nook and the Service in order to: (i) provide the Service to you; (ii)
permit you to engage in activities that you initiate through the Service, such as purchasing
Digital Content and reviewing products; and (iii) analyze, operate, support, maintain and
improve the Nook or the Service.
(b) Security. We employ measures designed to ensure the security of the Service, but, as
provided below, make no guarantees in this regard.
5. Support. We have no obligation to maintain or support the Software or the Service.
We and our suppliers or licensors may, without further notice to you, periodically access your
Nook remotely to update, modify, add to or upgrade the Software. In rare instances, such
updates, modifications, additions or upgrades may cause data loss or other issues. You are
solely responsible for regularly backing up the data stored on your Nook to prevent this from
occurring.
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