AIRGAS, INC. MOBILE APPLICATION END USER LICENSE AGREEMENT

Revised March 18, 2021

This Mobile Application End User License Agreement (this “Agreement”) sets forth the legally binding terms between Airgas, Inc. (“Airgas,” “us,” or “we”) and you (“End User” or “you”), as an end user of the Reorder iOS application or the Android application offered by Airgas (including all related documentation, collectively, the “Application”). The Application may provide you with access to Airgas’s website located at https://www.airgas.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, the “Content and Services”). The Application is licensed, not sold, to you.

BY DOWNLOADING/INSTALLING/USING, EFFECTIVE AS OF SUCH DATE (THE “EFFECTIVE DATE”), YOU (i) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (ii) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (iii) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; (iv) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (v) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE. IF YOU ARE USING THE APPLICATION ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON THE ENTITY’S BEHALF, AND THAT THE ENTITY AGREES TO BE RESPONSIBLE IF YOU VIOLATE THIS AGREEMENT.

  1. Acknowledgement Regarding SMS Messages and Push Notifications. IF YOU HAVE AGREED THAT WE CAN SEND YOU MESSAGES CONTAINING ADVERTISMENTS OR OFFERS FOR CONTENT AND SERVICES, WE MAY DO SO FROM TIME TO TIME AND MAY SEND SUCH OFFERS BY VOICE OR SMS (OR TEXT) MESSAGE TO THE MOBILE PHONE NUMBER YOU DESIGNATE FOR SUCH PURPOSE. Message and data rates for such SMS messages may apply. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must contact at 866-935-3370 or email us at eservice@airgas.com.

  2. License Grant. Subject to the terms of this Agreement, Airgas hereby grants you a limited, non-exclusive and nontransferable license to (i) download, install and use the Application for your personal, non-commercial use on a single smart phone, tablet or other mobile device that you own or control (collectively “Mobile Device”); and (ii) access, stream, download, and use on such Mobile Device the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Sale (located at https://www.airgas.com/terms-of-sale) applicable to such Content and Services as set forth in Section 6 below).

  3. License Restrictions. You shall not: (i) copy the Application, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the Application; (iii) reverse engineer, disassembler, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Application; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including making the Application available on a network where it is capable of being accessed by more than one device at any time; or (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any security features in or protecting the Application. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).

  4. Reservation of Rights. You acknowledge that the Application is licensed, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Airgas and its licensors and service providers reserve and retain the entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

  5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Airgas may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  6. Content and Services. The Application may provide you with access to the Website and Content and Services. Your access to and use of such Content and Services are governed by Website’s Terms and Conditions of Use, Terms of Sale and Privacy Policy located at Terms and Conditions of Use, Terms of Sale and Privacy Policy located at https://www.airgas.com/terms, https://www.airgas.com/terms-of-sale and https://www.airgas.com/privacy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms and Conditions of Use, Terms of Sale and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms and Conditions of Use and/or Terms of Sale will also be deemed a violation of this Agreement.

  7. Limitations on Availability.  The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

  8. Acknowledgements Regarding Apple, Inc., Google Inc. and other Marketplace Providers. You acknowledge that this Agreement is between you and Airgas and not with Apple, Inc., Google Inc. or any sponsor or provider of any application marketplace (each a “Provider”) and that Airgas (not the applicable Provider) is responsible for the Application or the Content and Services. YOU ACKNOWLEDGE AND AGREE THAT NO PROVIDER MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APPLICATION OR THE CONTENT AND SERVICES. You acknowledge that Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Application or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that Providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the Application or your use thereof infringes intellectual property rights.

    1. iOS-Based Devices. The following terms apply only to the extent you install the Application on any iOS-based device. If you are using the Application on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple, Inc. (“Apple”) App Store Terms and Conditions (the “Usage Rules”). Apple and Apple’s subsidiaries, are third party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
    2. Android-Based Devices. The following terms apply only to the extent you install the Application on any Android-based device. If you are using the Application on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google Inc.

  9. Representations About Your Information and Consent Regarding Use of Your Information. You represent and warrant that all information that you provide in connection with the Application will be current, true, accurate, supportable and complete. If you submit comments, suggestions, or other feedback regarding the Application (“Feedback”), you agree that we will be free to use such Feedback for any purpose.

  10. Updates. Airgas may, but is not required to, develop and provide Application updates from time to time, which may include upgrades, bug fixes, patches, other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that Airgas has not obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device, settings when your Mobile Device is connected to the Internet either: the Application will automatically download and install available Updates, or you will receive notice of or be prompted to download an install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  11. Third Party Materials. In an attempt to provide increased value to you, the Application may display, include or link to third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). Airgas has no control over Third-Party Materials, all of which may have separate privacy and data collection practices, independent of Airgas. These Third-Party Materials are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Airgas specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Airgas does not endorse the Third-Party Materials. Nonetheless, Airgas seeks to protect the integrity of the Website and this Application and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).

  12. Term and Termination. The term of this Agreement and the license and other rights granted herein commence when you download/install the Application and continue until terminated by Airgas or you. You may terminate this Agreement by deleting the Application and all copies of it from your Mobile Device. Airgas may terminate this Agreement at any time without notice if it ceases to support the Application, which it may do in its sole discretion, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device. You acknowledge that Airgas may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation. Termination will not limit any of Airgas’s rights or remedies at law or in equity.

  13. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND , AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE YOU’RE YOUR ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE APPLICATION AND THE CONTENT AND SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ANY CONTENT AND SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. 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.

  14. Limitation of Liability. IN NO EVENT SHALL AIRGAS OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE 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 THE APPLICATION OR THE CONTENT AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF AIRGAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AIRGAS OR ITS AFFILIATES HAVE AGGREGATE LIABILITY HEREUNDER FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT ACTUALLY PAID BY YOU OR YOUR ORGANIZATION FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.

  15. Indemnification. You agree to indemnify, defend, and hold harmless Airgas, its officers, directors, employees, agents, affiliates, successors, assigns, licensors and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

  16. Export and Other Restrictions. You may not use or otherwise export or re-export the Application elements thereof except as authorized by United States law and the laws of the jurisdiction in which the Application was accessed or obtained. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. The Application may not be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. Airgas does not authorize the downloading or exportation of Application to any jurisdiction prohibited by the United States Export Control Laws. 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. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any 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.

  17. Miscellaneous. The laws of the Commonwealth of Pennsylvania, without regard to its choice of law provisions, govern this this license and your use of the Application and the Service. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Commonwealth of Pennsylvania, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the Application or the Content and Services may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding the Application. The section titles in this Agreement are for convenience only and have no legal or contractual effect. “Airgas” and all associated logos displayed within the Application are our trademarks (unless otherwise noted). This Agreement operates to the fullest extent permissible by law. You may no transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

  18. Contact Us. Any questions and feedback about this Agreement should be directed to eservice@airgas.com or to OnLine Customer Service, Airgas, Inc., 259 North Radnor-Chester Road, Suite 100, Radnor, PA 19087.