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LOWE’S MOBILE APPLICATION LICENSE AGREEMENT

THIS LICENSE AGREEMENT ("License Agreement") IS A LEGAL AGREEMENT BETWEEN YOU AND Lowe's Home Centers LLC ("Lowe’s") THAT GOVERNS YOUR USE OF THE LOWE’S MOBILE APPLICATION SOFTWARE THAT WE PROVIDE FOR USE ON YOUR MOBILE DEVICE (the "Application"). APPLE, INC. IS NOT A PARTY TO THIS LICENSE AGREEMENT, AND AS BETWEEN LOWE’S AND APPLE, INC., LOWE’S IS RESPONSIBLE FOR THE APPLICATION AND THE CONTENT THEREOF. YOUR USE OF THE APPLICATION IS ALSO GOVERNED BY THE TERMS, CONDITIONS AND POLICIES AVAILABLE ON THE LOWES.COM WEBSITE, INCLUDING BUT NOT LIMITED TO THE PRIVACY AND SECURITY STATEMENT AND TERMS AND CONDITIONS OF USE (collectively, the "Website Terms"), AND ALL REFERENCES TO THE "LOWES.COM SITE" OR THE "SITE" IN SUCH WEBSITE TERMS ARE DEEMED TO ALSO REFER TO THE APPLICATION FOR PURPOSES OF YOUR USE OF THE APPLICATION. BY USING THE APPLICATION, YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT AND THE WEBSITE TERMS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND THE WEBSITE TERMS, YOU MAY NOT USE THE APPLICATION AND YOU MUST DELETE IT FROM YOUR MOBILE DEVICE. YOU AGREE TO COMPLY WITH ALL APPLICABLE THIRD PARTY TERMS OF AGREEMENT WHEN USING THE APPLICATION. 

License and Restrictions. Subject to the terms and conditions of this License Agreement and the Website Terms, Lowe’s hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Application on your mobile device, solely for shopping at or receiving other services from Lowe’s or its affiliates. You will not (a) reproduce, modify, translate or create any derivative work of all or any portion of the Application, (b) sell, sublicense, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Application to any third party, (c) reverse engineer, decompile, reverse assemble or otherwise attempt to gain access to the source code of all or any portion of the Application, or (d) remove, alter, or cover any copyright notices or other proprietary rights notices that are found in the Application. 

Reservation of Rights. Lowe’s reserves all rights not otherwise expressly granted in this License Agreement and no licenses are granted by implication, estoppel or otherwise. You agree that title to all portions of the Application and the copyright, patent, trade secret and all other intellectual property rights in the Application, including derivative works and all copies of the Application, are and remain the exclusive property of Lowe’s, its affiliates and their licensors. You acknowledge and agree that the Application and/or certain components of it constitute confidential information and valuable trade secrets of Lowe’s and its affiliates, and you promise to keep it in confidence and not disclose it to any third party. You acknowledge and agree that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of an intellectual property claim that the Application or your possession and use of the Application infringes on a third party’s intellectual property rights, Lowe’s, not Apple, Inc., reserves the right to investigate, defend, settle, and discharge of any such intellectual property infringement claim. 

Changes; Updates. You agree that Lowe's may at any time and without notice change the terms, conditions or notices under which the Application is offered. We will post any such changes on the Lowes.com website or within the Application, and your continued use of the Application evidences your agreement to be bound by such changes. We are not required to provide updates, maintenance or support for the Application, but we may choose to do so, or to cease doing so, from time to time with or without notice. Any updates will be governed by this License Agreement and the Website Terms. 

Applicable Laws; Exports. You will comply with all applicable laws in connection with your use of the Application. You acknowledge that the Application may be subject to U.S. or foreign export and import laws or regulations. You will comply with all applicable import, export and re-export laws and regulations of the United States or foreign agencies or authorities. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that you have been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

Termination. You agree that we may discontinue, suspend or terminate your right or ability to use all or part of the Application at any time, without notice or liability to you. You may terminate this License Agreement by ceasing use of the Application and destroying all copies in your possession or control. We may terminate this License Agreement for any or no reason, at any time without prior notice. This License Agreement will automatically terminate if you breach any of its terms or conditions. Immediately upon any termination of this License Agreement, you will cease use of the Application and destroy all copies in your possession or control. All provisions of this License Agreement regarding restrictions, Lowe’s proprietary rights and confidential information, disclaimers of warranties, remedies, and limits of liability shall survive termination. 

Warranty Disclaimer. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE APPLICATION. THE APPLICATION IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY. LOWE'S AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, LOWE'S EXPRESSLY DISCLAIMS FOR ITSELF AND ON BEHALF OF APPLE, INC. ("Apple") AND EACH OF THEIR RESPECTIVE LICENSORS AND AFFILIATES AND ALL OTHER PARTIES INVOLVED IN THE DISTRIBUTION OF THE APPLICATION, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NONINFRINGEMENT. LOWE’S DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE APPLICATION WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, INC., AND APPLE, INC. WILL REFUND THE PURCHASE PRICE FOR THE APPLICATION TO YOU. 

Limit of Liability. NEITHER LOWE'S, APPLE NOR THEIR RESPECTIVE AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPLICATION, ANY DELAYS IN USING THE APPLICATION, OR THE INABILITY TO USE THE APPLICATION OR ANY PORTION THEREOF, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOWE'S, APPLE OR THEIR AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOWE’S SOLE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE APPLICATION OR LOWE’S BREACH OF THIS LICENSE AGREEMENT WILL BE TO STOP USING AND UNINSTALL THE APPLICATION. 

Indemnity. You will defend, indemnify, and hold harmless Lowe’s, Apple, their respective licensors, suppliers, distributors and affiliates, and each of their officers, directors, agents and employees from and against any liability, loss, damage, or expense (including reasonable attorneys’ fees and costs) arising out of your use of the Application, your breach of this License Agreement or the Website Terms, or your violation of any right of any other person or entity, including but not limited to intellectual property or other proprietary rights. 

General. You agree that this License Agreement and your use of the Application are governed by the laws of the State of North Carolina, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Charlotte, North Carolina, USA in all disputes (a) arising out of, relating to, or concerning the Application and/or this License Agreement, (b) in which the Application and/or this License Agreement is an issue or a material fact, or (c) in which the Application and/or this License Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You agree that Apple, Inc. and its subsidiaries are third party beneficiaries of this License Agreement and that, upon your acceptance of the terms and conditions of this License Agreement, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the License Agreement against You as a third party beneficiary thereof. 

Contacting Lowe’s. Any communication regarding the Application or this License Agreement should be directed to: Lowe's Home Centers LLC, Attn: Legal Department, 1000 Lowe’s Boulevard, Mooresville, North Carolina, 28117. Lowe’s, and not Apple, Inc., is responsible for addressing claims relating to the Application and your possession and/or use of the Application.