Barnes & Noble nook User Manual page 93

6. Indemnification.
representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the
"Indemnified Parties") harmless from any damage, loss, cost or expense (including, without
limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand
or action ("Claim") brought or asserted against any of the Indemnified Parties arising from,
related to, or connected with your alleged breach of this Agreement. If you are obligated to
provide indemnification pursuant to this provision, we may, in our sole and absolute discretion,
control the disposition of any Claim at your sole cost and expense. Without limitation of the
foregoing, you may not settle, compromise or in any other manner dispose of any Claim
without our written consent.
7. DISCLAIMERS; EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. EXCEPT FOR THE ONE-YEAR LIMITED
WARRANTY THAT WE PROVIDE FOR YOUR NOOK, WE AND OUR SUPPLIERS AND
LICENSORS PROVIDE THE NOOK, DIGITAL CONTENT, SOFTWARE AND SERVICE ON
AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION
WARRANTY WHATSOEVER. THE USE OF THE SERVICE, NOOK, DIGITAL CONTENT
AND SOFTWARE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR WARRANT
THAT THE NOOK, THE SOFTWARE, THE SERVICE OR THE DIGITAL CONTENT, OR
ITS OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS,
INACCURACIES OR ERRORS; OR (III) MEET YOUR REQUIREMENTS.
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, QUIET
ENJOYMENT AND NON-INFRINGEMENT.
(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES
ARISING FROM, RELATING TO OR CONNECTED WITH YOUR PURCHASE OR USE OF
YOUR NOOK, THE SERVICE, THE SOFTWARE, OR THE DIGITAL CONTENT,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE OR LOST DATA,
REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED,
INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, TORT, CONTRACT, STRICT
LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
nook User Guide
You will defend, indemnify and hold us and our employees,
WE HEREBY
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