THIS IS A LEGAL AGREEMENT BETWEEN YOU AND GIANT EAGLE, INC^®. ("GIANT EAGLE^®"), stating the terms that govern your use of the grocery application ("Licensed Application"). This agreement, together with all updates, additional terms, software licenses, and all of Giant Eagle's^® rules and policies, collectively constitute the "agreement" between you and Giant Eagle^®. By installing the Licensed Application you are indicating that you agree to these terms. If you do not agree to these terms do not install or use the application. You must accept and abide by these terms as presented to you. Changes, additions, or deletions are not acceptable, and Giant Eagle^® may refuse access to the Licensed Application for noncompliance with any part of this agreement.

The Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless accompanied by a separate license agreement issued by Giant Eagle^®, in which case the terms of that separate Giant Eagle^® license agreement will govern. Licensor (hereinafter, “Licensor” or “Giant Eagle^®”) reserves all rights not expressly granted to You.

This license granted to You for the Licensed Application by Giant Eagle^® is limited to a non-transferable license to use the Licensed Application on any iPhone, iPad or iPod Touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any product that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including rent, lease, lend, sell, redistribute or sublicense) the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any parts of updates, except regarding use of open source elements and components included with this Licensed Application). Any attempt to do so is a violation of the rights of Giant Eagle^® and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Giant Eagle^® that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

By using this Licensed Application, You acknowledge that the Licensed Application is, or may be connected to your online Giant Eagle^® account, and further accept that Giant Eagle^® may collect and use personal data, technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Giant Eagle^® may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. You also understand that full use of this Licensed Application may require you to register on the Giant Eagle^® website, and that personally identifiable information may be collected by Giant Eagle^®, consistent with its privacy policy.

The license is effective until terminated by You or Giant Eagle^®. Any rights granted herein are subject to termination with or without notice from Giant Eagle^® if You violate and/or fail to comply with any terms or conditions set for herein. Once this license is terminated, You are no longer entitled to use the Licensed Application. You shall cease all use of the Licensed Application, and destroy any legally made copies or portions thereof, of the Licensed Application. This Application should be used responsibly, safely, and only for the purposes intended by Giant Eagle^®.

The Licensed Application enables access to Giant Eagle's^® and third party services and web sites, and may even include GPS locator websites (collectively and individually, "Services"). Use of the Services may require Internet access and may further require that You accept additional terms of service.

You understand that by using any of the Services, You 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, You agree to use the Services at Your sole risk and that Giant Eagle^® shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials, including coupons, from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Giant Eagle^® is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Giant Eagle^® does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from Android-enabled devises, the iPhone, IPad, or iPod Touch are not available in all languages or in all countries. Giant Eagle’s^® intended service area is the Continental United States for residents who can reasonably use Giant Eagle^® services. If You do not qualify as an intended customer, do not download this application. Giant Eagle^® makes no representation that identified Services and Materials accessible outside of its intended coverage area are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Giant Eagle^®, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Giant Eagle^® be liable for the removal of or disabling of access to any such Services. Giant Eagle^® may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

You understand that Giant Eagle^® may offer integration with its own and/or with third party Services for your convenience. Further, you understand that Giant Eagle^® is not affiliated with, does not endorse, and is not responsible to these third party Services. Giant Eagle^® is not responsible for the contents of, updates to, or privacy practices of these third parties, which may differ from those of Giant Eagle^®. The personal data you may choose to give to Giant Eagle^® by means of registering the Licensed Application with Giant Eagle^® shall be governed by Giant Eagle's^® privacy policy located at http://www.gianteagle.com/about/policies.

You expressly acknowledge and agree that use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application and any services performed or provided by the Licensed Application are provided "as is" and “as available”, with all faults and without warranty of any kind, and Giant Eagle^® hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, 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 non-infringement of third party rights.

Giant Eagle^® does not warrant against interference with your enjoyment of the Licensed Application in any way, or that defects in the Licensed Application or services will be corrected. No information or advice given by Giant Eagle^® representatives shall create any warranty. Should the Licensed Application or services prove defective, you assume 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 you.

To the extent not prohibited by law, in no event shall Giant Eagle^® 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 your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise), even where Giant Eagle^® 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 you. In no event shall Giant Eagle’s^® total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed 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 Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. The Licensed 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.

The laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

j. Copyrights and Trademarks. Except where otherwise specified, the contents of the Licensed Application are copyright (c) 2010 Giant Eagle, Inc.^® All rights reserved.