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EULA VWR Mobile Applications

VWR LICENSED APPLICATION END USER LICENSE AGREEMENT

The  VWR mobile applications  (the “Application,” “App” or “Applications”) are licensed, not sold, by VWR to Customer  for use only under the terms of this license and are subject to VWR’s Privacy Policy any applicable terms and conditions that govern the purchase and sale of VWR products and services. VWR reserves all rights not expressly granted to Customer based on our terms & conditions of sales. By downloading and using the Application, Customer agrees to be bound by this license agreement. 

a. Scope of License: This license granted to Customer for the Application by VWR is limited to a non-transferable license to use the Application on any mobile device (e.g., Apple iOS device, Android device, Microsoft Windows mobile device) (each a “Device”) that Customer owns or controls and as permitted by the device and mobile service provider(s).  This license does not allow Customer to use the Application on any Device that Customer does not own or control, and Customer may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. Customer may not rent, lease, lend, sell, redistribute or sublicense the Application. Customer may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of VWR and its licensors. If Customer breaches this restriction, Customer may be subject to prosecution and damages.  The terms of the license agreement will govern any upgrades provided by VWR that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: Customer agrees that VWR may collect and use technical data and related information, including but not limited to technical information about Customer’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to Customer (if any) related to the Application. VWR may use this information, as long as it is in a form that does not personally identify Customer, to improve its products or to provide services or technologies to Customer.

c. Termination. The license is effective until terminated by Customer or VWR. Customer’s rights under this license will terminate automatically without notice from VWR if Customer fails to comply with any term(s) of this license. VWR, and its licensors, reserve the right to change, suspend, remove, or disable access to the Application at any time without notice.   In no event will VWR be liable for the removal of or disabling of access to any Application.  Upon termination of the license, Customer shall cease all use of the Application, and destroy all copies, full or partial, of the Application.  

d. Services; Third Party Materials. The Application may enable access to VWR’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that Customer accept additional terms of service.
Customer understands that by using any of the Services, Customer may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Customer agree to use the Services at Customer’s sole risk and that VWR shall not have any liability to Customer for content that may be found to be offensive, indecent, or objectionable.
Customer agrees that Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that Customer will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Customer agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and Customer shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Customer further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that VWR is not in any way responsible for any such use by Customer, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that Customer may receive as a result of using any of the Services.
In addition, third party Services and third party materials that may be accessed from, displayed on or linked to from any Device may not be available in all languages or in all countries.  VWR makes no representation that such Services and the Application are appropriate or available for use in any particular location. To the extent Customer choose to access such Services or materials, Customer does so at Customer’s own initiative and is responsible for compliance with any applicable laws, including but not limited to applicable local laws. VWR may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: CUSTOMER EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT CUSTOMER SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VWR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VWR DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE LICENSE WILL MEET CUSTOMER’SREQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VWR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, CUSTOMER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO CUSTOMER.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VWR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VWR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CUSTOMER. In no event shall VWR’s total liability to Customer for all damages (other than as may be required by applicable law in cases involving personal injury or VWR's intentionally wrongful or grossly negligent acts or omissions) exceed the amount of fifty U.S. dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. Customer may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, Customer represents and warrants that Customer is not located in any such country or on any such list. Customer also agrees that Customer will not use the Application for any purposes prohibited by law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. For customers in the USA only: The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the state where the Customer is located, excluding its conflicts of law rules, govern this license and Customer’s use of the Licensed Application. Customer’s use of the Application may also be subject to other local, state, national, or international laws.