Software

Digital Content will be deemed licensed to you by Barnes & Noble under this Agreement unless otherwise expressly provided by Barnes & Noble.

Restrictions: Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove any proprietary notices or labels on the Digital Content. In addition, you may not, and you will not encourage, assist or authorize any other person to, bypass, modify, defeat or circumvent security features that protect the Digital Content. Usage of the Barnes & Noble Store constitutes acceptance of all terms and conditions as defined by Barnes & Noble.

Definitions: The following terms apply to the Device and to (a) all software (and the media on which such software is distributed) of Pandigital or third parties that are pre-installed on the Device at time of purchase or that Pandigital provides as updates/upgrades to the pre-installed software (collectively, the "Device Software"), unless you agree to other terms as part of an update/upgrade process; and (b) any printed, on-line or other electronic documentation for such software (the "Documentation"). As used in this Agreement, "Software" means, collectively, the Device Software and Documentation.

Use of the Device Software: You may use the Device Software only on the Device. You may not separate any individual component of the Device Software for use on another device or computer, may not transfer it for use on another device or use it, or any portion of it, over a network and may not sell, rent, lease, lend, distribute or sublicense or otherwise assign any rights to the Software in whole or in part.

No Reverse Engineering, Decompilation, Disassembly or Circumvention: You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble the Device or the Software, whether in whole or in part, create any derivative works from or of the Software, or bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Device or Software or any mechanisms operatively linked to the Software, including, but not limited to, augmenting or substituting any digital rights management functionality of the Device or Software.

Automatic Updates: In order to keep your Software up-to-date, Pandigital may automatically provide your Device with updates/upgrades to the Software.

Export Regulations: You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities, and not to transfer, or encourage, assist or authorize the transfer of the Software to a prohibited country or otherwise in violation of any such restrictions or regulations.

General

No Illegal Use and Reservation of Rights: You may not use the Device, the Service or the Digital Content for any illegal purpose. You acknowledge that the sale of the Device to you does not transfer to you title to or ownership of any intellectual property rights of Pandigital or its suppliers. All of the Software is licensed, not sold, and such license is non-exclusive.

Information Received: The Device Software will provide Pandigital with data about your Device and its interaction with the Service (such as available memory, up-time, log files and signal strength) and information related to the content on your Device and your use of it (such as automatic bookmarking of the last page read and content deletions from the Device). Information we receive is subject to the Pandigital Privacy Notice.

Patents: The Device and/or methods used in association with the Device may be covered by one or more patents or pending patent applications.