by Amazon. com
AMAZON.CO.UK KINDLE LICENSE AGREEMENT AND TERMS OF USE**
This is an agreement between you and Amazon EU S.a.r.l. (with its affiliates, “ Amazon ” or “ we ”). Please read this Amazon.co.uk Kindle License Agreement and Terms of Use, the Amazon.co.uk privacy notice located at www.amazon.co.uk/privacy, and the other applicable rules, policies, and terms posted on the Amazon.co.uk website or the Kindle Store (collectively, this “ Agreement ”) before using the Kindle or any Reading Application or Digital Content. By using the Kindle, any Reading Application, or any Digital Content, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Kindle, any Reading Application, any Digital Content, or the Service; and you may return the Kindle for a refund in accordance with the applicable return policy.
**Amazon.com customers should refer to the Amazon.com Kindle License Agreement and Terms of Use, reprinted above at “AMAZON.COM KINDLE LICENSE AGREEMENT AND TERMS OF USE*”.
For the purposes of this Agreement:
“Content Provider” means the party offering Digital Content in the Kindle Store, which may be us or a third party.
“Digital Content” means digitized electronic content such as books, newspapers, magazines, journals, blogs, RSS feeds, games, and other static and interactive electronic content.
“Kindle” means our portable electronic reading device.
“Kindle Store” means our storefront through which you can shop for Digital Content or other items offered by us or third parties and manage your Digital Content and account settings.
“Other Device” means a computer or device other than a Kindle on which you are authorized to operate a Reading Application.
“Periodicals” means Digital Content made available to you on a subscription basis, such as electronic newspapers, magazines, journals, blogs, and other subscription-based content.
“Reading Application” means software (including any updates/upgrades to that software) we make available that permits users to shop for, download, browse, and/or use Digital Content on an Other Device.
“Service” means the wireless connectivity that we provide Kindle users, the provision of Digital Content, Software, and support and other services that we provide Kindle and Reading Application users, and the terms and conditions under which we provide each of the foregoing.
“Software” means the Reading Applications and all software on the Kindle (including any updates/upgrades to that software), and any related documentation that we make available to you.
Digital Content
Use of Digital Content. Upon your download of Digital Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Digital Content an unlimited number of times, solely on the Kindle or a Reading Application or as otherwise permitted as part of the Service, solely on the number of Kindles or Other Devices specified in the Kindle Store, and solely for your personal, non-commercial use. Unless otherwise specified, Digital Content is licensed, not sold, to you by the Content Provider. The Content Provider may post additional terms for Digital Content in the Kindle Store. Those terms will also apply, but this Agreement will govern in the event of a conflict. Some Digital Content, such as Periodicals, may not be available to you through Reading Applications.
Limitations. 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 the Digital Content. In addition, you may not bypass, modify, defeat, or circumvent security features that protect the Digital Content.
Periodicals. You may cancel your subscription as permitted in our cancellation policy in the Kindle Store. We may terminate a subscription at our discretion, for example, if a Periodical is no longer available. If we terminate a subscription before the end of its term, we will give you a prorated refund. We reserve the right to change subscription terms and fees from time to time, effective as of the beginning of the next subscription term.
Wireless Connectivity
Use of Wireless Connectivity. Your Kindle uses wireless connectivity to allow you to shop for and download Digital Content from the Kindle Store. In general, we do not charge you for this use of wireless connectivity. Your Kindle may use wireless connectivity to make other services available to you for which we may charge you a fee, such as personal file download and subscriptions when you are located in another country. The fees and terms for such services are located in the Kindle Store and may change from time to time. If your Kindle functions with third party services, such as WI-FI access points, a third party may charge you fees for the use of those services.
Your Conduct. You may use the wireless connectivity provided by us only in connection with the Service. You may not use the wireless connectivity for any other purpose.
Availability. If your Kindle is located in an area in which it cannot maintain wireless connectivity, you may not be able to use some or all of the Service. We are not responsible for the unavailability of wireless connectivity for your Kindle or any corresponding loss of Service. Events beyond our reasonable control (such as changes in service or terms by wireless carriers) may impact the terms or circumstances under which we provide you wireless connectivity and may result in a change to these terms or a temporary or permanent modification or loss of wireless connectivity for your Kindle.
Device and Software
Use of the Software. You may use the Software only on a Kindle or through a Reading Application on an Other Device. You may not separate any individual component of the Software for use on another device or computer, may not transfer it for use on another device or computer 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. Additional terms apply to some of the third party software or materials on the Kindle, and will govern in the event of a conflict with this Agreement. For more information, see the Legal section in the Kindle Settings menu.
Automatic Updates. In order to keep your Software up-to-date, Amazon may automatically provide your Kindle or Other Device with updates/upgrades to the Software.
No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not (i) modify, reverse engineer, or disassemble the Kindle or the Software whether in whole or in part, (ii) decompile the Software in whole or in part (except to the extent such right cannot be excluded or limited by law and then only when the express permission of Amazon has been sought and refused), or (iii) 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 Kindle or Software or any mechanisms operatively linked to the Software, for example, by augmenting or substituting any digital rights management functionality of the Kindle or Software.
General
Compliance with Law and Reservation of Rights. You will use the Kindle, the Software, the Service, and the Digital Content in compliance with all applicable laws. Neither the sale or transfer of the Kindle to you, nor the license of the Software or Digital Content to you, transfers to you title to or ownership of any intellectual property rights of Amazon or its suppliers or the other Content Providers. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to Amazon or the other Content Providers.
Export Regulations. You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of, the Kindle, Digital Content, or Software to a prohibited country or otherwise in violation of any such restrictions or regulations.
Information Received. The Software will provide Amazon with data about your Kindle and its interaction with the Service (such as available memo
ry, up-time, log files, and signal strength). The Software will also provide Amazon with information related to the Digital Content on your Kindle and Other Devices and your use of it (such as last page read and content archiving). Annotations, bookmarks, notes, highlights, or similar markings you make using your Kindle or Reading Application and other information you provide may be stored on servers that are located outside the country in which you live. Any information we receive is subject to the Amazon.co.uk Privacy Notice. Personal information transferred to countries outside of the European Economic Area, if any, will be transferred in accordance with the Amazon.co.uk privacy notice located at www.amazon.co.uk/privacy and as permitted by applicable data protection laws.
Information Provided To Others. You are responsible for any information you provide to others using a Kindle or a Reading Application.
Patents. The Kindle, Software, and Service and/or methods used in association with any of the foregoing, may be covered by one or more patents or pending patent applications.
Changes to Service. We may modify, suspend, or discontinue the Service, in whole or in part, at any time.
Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software, and Amazon may immediately revoke your access to the Service or to Digital Content without refund of any fees. Amazon's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Exclusions of Liability. AMAZON WILL NOT BE LIABLE FOR: (A) LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO YOU AND AMAZON AT THE TIME WHEN YOU PURCHASED THE KINDLE, DIGITAL CONTENT OR SOFTWARE (AS APPLICABLE); (B) LOSSES THAT DID NOT ARISE FROM ANY BREACH OR DEFAULT ON AMAZON'S PART; AND (C) ANY BUSINESS LOSSES, OR OTHER LOSSES THAT ARISE FROM ANY NON-CONSUMER USE OF THE SERVICE, KINDLE, KINDLE STORE, DIGITAL CONTENT OR SOFTWARE, OR YOUR USE OF THE KINDLE, KINDLE STORE, DIGITAL CONTENT OR SOFTWARE IN A WAY THAT IS PROHIBITED BY THIS AGREEMENT. IN RESPECT OF LOSSES THAT ARE NOT EXCLUDED BY THE ABOVE CLAUSE, AMAZON'S LIABILITY TO YOU FOR COMPENSATION (IN ADDITION TO YOUR RIGHTS TO OBTAIN A REPAIR, REPLACEMENT OR REFUND UNDER THE AMAZON WARRANTY OR VIA YOUR STATUTORY RIGHTS) WILL BE LIMITED TO THREE HUNDRED POUNDS (GBP). NOTHING IN THIS PARAGRAPH AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER OR ANY LIABILITY FOR DEATH, PERSONAL INJURY, OR FRAUD.
Governing Law. The laws of the Grand Duchy of Luxembourg, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Amazon.
Disputes. Any dispute arising out of or relating in any way to this Agreement will be adjudicated in the courts of the judicial district of Luxembourg City, and you consent to non-exclusive jurisdiction and venue in such courts.
U.S. Government Rights. The Software, Service, and Digital Content are provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data,” as defined in the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights and restrictions customarily provided to end users.
Complete Agreement and Severability. This is the entire agreement between us and you regarding the Kindle, Digital Content, Software, and Service and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
Amendment. We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the Kindle Store or the Amazon.co.uk website.
Contact Information. For communications concerning this Agreement, please contact Amazon at Amazon EU Sarl, 5 Rue Plaetis, L-2338, Luxembourg (Lux. reg. no. B 101818, Share capital €37500, Trading authorization no. 104408), or by email: [email protected].
For help with your Kindle, a Reading Application, the Service or resolving other issues, please contact Customer Service by e-mail: [email protected] or by phone at 0800 496 1081.
(end of Agreement)
ONE-YEAR LIMITED WARRANTY
This Warranty for the Kindle Device (the “Device”) is provided by Amazon Fulfillment Services, Inc., 410 Terry Ave. North, Seattle, WA 98109-5210, United States. However, if this Device was purchased in the United Kingdom, then this Warranty is provided by Amazon EU S.à r.l., 5, rue Plaetis, L-2338 Luxembourg (Lux reg. no. B 101818, Share capital €37500, Trading authorization no. 104408). The provider of this warranty is sometimes referred to herein as “we.”
We warrant the Device against defects in materials and workmanship under ordinary consumer use for one year from the date of original retail purchase. During this warranty period, if a defect arises in the Device, and you follow the instructions for returning the Device, we will, at our option and to the extent permitted by law, either (i) repair the Device using either new or refurbished parts, (ii) replace the Device with a new or refurbished Device, or (iii) refund to you all or part of the purchase price of the Device. This limited warranty applies to any repair, replacement part or replacement Device for the remainder of the original warranty period or for ninety days, whichever period is longer. All replaced parts and Devices for which a refund is given shall become our property. This limited warranty applies only to hardware components of the Device that are not subject to accident, misuse, neglect, fire or other external causes, alterations, repair, or commercial use.
Instructions. For specific instructions about how to obtain warranty service for your Device, please contact Customer Service using the contact information provided in this guide. In general, you will need to deliver your Device in either its original packaging or in equally protective packaging to the address specified by Customer Service. Before you deliver your Device for warranty service, it is your responsibility to back up any data, software, or other materials you may have stored or preserved on your Device. It is possible that such data, software or other materials will be lost or reformatted during service, and we will not be responsible for any such damage or loss.
Limitations. TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THIS “LIMITATIONS” SECTION DOES NOT APPLY TO CUSTOMERS IN THE UNITED KINGDOM AND THE EUROPEAN UNION.
This limited warranty gives you specific legal rights. You may have additional rights which vary from jurisdiction to jurisdiction, and this limited warranty does not affect those rights.
Additional Information
You can see a version of the Kindle License Agreement and Terms of Use, One-Year Limited Warranty and other Kindle information in other languages at http://www.amazon.com/kindletermsandconditions.
If you purchased this Device in the
United Kingdom, you can see other Kindle information at http://www.amazon.co.uk/kindletermsandconditions.
Patent Notices
The Kindle device and/or methods used in association with the Kindle device may be covered by one or more patents or pending patent applications.
MPEG Layer-3 audio decoding technology licensed from Fraunhofer IIS and Thomson.
Copyright and Trademark Notices
Amazon Kindle device software, the Amazon Kindle Quick Start Guide, and the Amazon Kindle User's Guide © 2004 - 2010 Amazon.com, Inc. or its affiliates. All rights reserved.
1-CLICK, AMAZON, the AMAZON.COM LOGO, the AMAZONKINDLE LOGO, AMAZON KINDLE, AUDIBLE, KINDLE, MOBIPOCKET, WHISPERNET AND WHISPERSYNC are trademarks of Amazon.com, Inc. or its affiliates.
Java and all Java based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
Vocalizer™ for Automotive © 2008 Nuance Communications, Inc. Vocalizer™ and Nuance® are trademarks or registered trademarks of Nuance Communications, Inc. and/or its licensors and are used under license.
Native PDF support via Adobe® Reader® technology.
Contains iType™ from Monotype Imaging Inc. “Monotype” is a trademark of Monotype Imaging Inc. registered in the U.S. Patent & Trademark Office and may be registered in certain jurisdictions. Monotype® The Monotype Corporation.
All other brands, product names, company names, trademarks, and service marks are the properties of their respective owners.
Table of Contents
WELCOME
Congratulations!
Getting Around