Barnes & Noble Nook HD, User Manual

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104 NOOK HD+ User Guide
WHAT IF MY NOOK IS NOT COVERED BY THIS LIMITED WARRANTY?
If your NOOK is not covered by this Limited Warranty, B&N will return your NOOK to you, at your expense, or will
charge your credit card or payment method for any advance replacement NOOK provided to you.
WHAT IS NOT COVERED BY THE WARRANTY?
This Limited Warranty does not cover damage or malfunctions caused by accident, disaster, misuse (including any
use in a manner contrary to the instructions contained in any user guide or on the packaging of the device), abuse,
negligence or other external causes; third-party products; Internet or telecommunications failures; commercial use;
unauthorised opening, use, service, tampering, alteration, repair or modification; or (to the extent permitted by ap-
plicable local law) inadequate packing or shipping procedures. This Limited Warranty also does not cover cosmetic
damage or normal wear and tear. This Limited Warranty does not apply to NOOKs sold as used, refurbished or re-
conditioned, except to the extent that such NOOK is a certified pre-owned NOOK that was purchased directly from
B&N or from a B&N authorised reseller of certified pre-owned NOOKs. This Limited Warranty will be void if the
Serial Number on your NOOK has been removed, tampered with or defaced or if your NOOK has been opened or
serviced without authorisation, tampered with, altered or modified. Please note that opening the back cover of your
NOOK to change the battery, external SD card or back cover will void this Limited Warranty, except to the extent
that such opening is done through a customer-accessible opening and in accordance with the instructions provided
with the NOOK.
To the maximum extent permitted by applicable local law, this Limited Warranty applies to your NOOK only (i.e.,
the hardware) and not to the software within your NOOK. Please refer to the NOOK TERMS OF SERVICE for your
rights and remedies with respect to such software.
Similarly, this Limited Warranty does not cover downloaded data or materials, or accessories and peripherals, except
as expressly provided above.
WHAT OTHER LEGAL TERMS APPLY TO THIS LIMITED WARRANTY?
Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, THIS LIMITED WARRANTY AND
THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES
AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LOCAL LAW, B&N SPECIFICALLY DISCLAIMS ANY AND ALL WAR-
RANTIES AND CONDITIONS NOT EXPRESSLY PROVIDED FOR IN THIS LIMITED WARRANTY, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS
FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. THIS DOES NOT AFFECT
YOUR STATUTORY RIGHTS.
Modification
No employee or representative of B&N or its affiliates or any third party is authorised to make any modification,
extension or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforce-
able, the remaining terms of this Limited Warranty will remain in full force and effect.
Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, NEITHER B&N NOR ITS AFFILIATES
NOR ITS LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPE-
CIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES ARISING FROM, RELATING TO OR CON-
NECTED WITH YOUR PURCHASE OR USE OF YOUR NOOK, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOST REVENUE OR LOST DATA, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE