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OMNICARE PHARMACY/OMNIVIEW APP END USER LICENSE AGREEMENT


Effective Date: March 17, 2017

This End User License Agreement (“EULA”) is an agreement between Omnicare, Inc. (“Omnicare Inc.”, “we,” or “us”) and you. This EULA applies solely to your use of the Omnicare/Omniview app (the “Software”) and any information, services, or functionality provided by or in connection with the Software, and any documentation or materials related to foregoing, and any services or goods provided by Omnicare, Inc. or one of its subsidiaries or affiliates (collectively, “Services”). This EULA does not govern your use of any Omnicare websites (including omnicare.com, the use of which is governed by separate Terms of Use currently available at omniview.omnicare.com , or any other website or app other than the Software, including any website or app operated by any Omnicare affiliate.

Please read this EULA carefully and completely before using our Software or our Services. By tapping or clicking “I agree,” “I accept” or any other similar button or box with respect to this EULA, or by installing or using our Software or by using (including any access to) our Services, you agree to be bound by this EULA, which incorporates by this reference any additional terms and conditions made available to you by Omnicare in connection with the Software or the Services.

THIS EULA CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IF YOU ARE ACCESSING OR OTHERWISE USING THE SERVICE ON BEHALF OF, OR FOR THE BENEFIT OF ANY HOSPITAL, INSTITUTION, PRACTICE, COMPANY, CORPORATION, PARTNERSHIP, ORGANIZATION, OR OTHER ENTITY OTHER THAN OMNICARE, INC OR ITS AFFILIATE (AN “ORGANIZATION”), YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT; IF YOU DO NOT HAVE SUCH LEGAL AUTHORITY, SUCH ORGANIZATION WILL NOT ACCESS, USE OR OTHERWISE BENEFIT FROM THE SERVICE. References to “you” and “your” in this Agreement will refer to both the individual using the Service and any such Organization.

ACCESS TO AND USE OF THE SERVICE IS LIMITED TO LICENSED HEALTH CARE PROFESSIONALS AND THEIR CURRENT STAFF WHO ARE AUTHORIZED BY SUCH PROFESSIONALS TO ACCESS AND USE THE SERVICE, AND TO CURRENT EMPLOYEES OF OMNICARE/PHARMACY OR ITS AFFILIATE (“AUTHORIZED USER”); ANY OTHER INDIVIDUALS ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED USER. YOU ACKNOWLEDGE THAT IF, AT ANY POINT OF TIME, YOU CEASE BEING AN AUTHORIZED USER (E.G., IF YOU HAVE BEEN ACCESSING OR USING THE SERVICE AS AN EMPLOYEE OF A LICENSED HEALTH CARE PROFESSIONAL’S ORGANIZATION, AND YOU CEASE BEING AN EMPLOYEE OF SUCH ORGANIZATION), YOUR RIGHT TO ACCESS AND USE THE SERVICE WILL IMMEDIATELY TERMINATE AND YOU AGREE TO IMMEDIATELY STOP ALL ACCESS TO AND USE OF THE SERVICE.

Omnicare may modify this EULA at any time, and such modifications shall have immediate prospective effect following our notifying you of such modifications by any reasonable means, including by making available the modified EULA through the Software or the Services. ACCORDINGLY, YOU AGREE TO REVIEW THIS EULA PERIODICALLY, AND, FOLLOWING OUR MAKING AVAILABLE A MODIFIED EULA, YOUR INSTALLING ANY NEW VERSION OF THE SOFTWARE, OR YOUR CONTINUED USE OF THE SOFTWARE OR THE SERVICES, SHALL BE DEEMED YOUR ACCEPTANCE OF THE MODIFIED EULA. The “Effective” legend above indicates when this EULA was last updated.

The information and resources contained on and accessible through the Software and the Services are made available by Omnicare Inc, its suppliers and vendors, and other third parties, in each case subject to your agreement to this EULA.

If you do not agree to this EULA, you may not use the Software or the Services. If you do not agree to the current version of this EULA, you are not entitled to download the Software or to use the Software or the Services, and you shall terminate the installation process and/or cease all use of the Software and the Services; if you have already downloaded the Software despite this prohibition, you must promptly delete the Software from your device and cease all use of any of the Services.

License

Subject to your compliance with this EULA, and solely for so long as you are permitted by Omnicare Inc. to use the Software, Omnicare Inc. grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license (without right of sublicense) to install and use the Software on your device solely for your personal, non-commercial use. The Software is licensed, not sold, to you.

You have no ownership rights in, or related to, the Software or the Services. As between Omnicare Inc. and you, Omnicare Inc retains all right, title, and interest in and to the Software and the Services (including any changes, modifications, or corrections thereto).

Medical Information and Health Content

OUR SOFTWARE AND OUR SERVICES CONTAIN GENERAL PRINCIPLES OF HEALTH CARE THAT SHOULD NOT IN ANY EVENT BE CONSTRUED AS SPECIFIC INSTRUCTIONS FOR INDIVIDUAL PATIENTS.

The Software and the Services is not intended as a guide to medication for individual patients or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for individual patients’ specific medical conditions. Neither you nor any patient should disregard, avoid or delay obtaining or, if you are a licensed health care professional, providing medical advice because of information made available through the Service. The Service and its health related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. The information provided through the Service is intended for physicians, pharmacists, nurses, and other licensed health care professionals. Licensed health care professionals and their patients should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the Service.

You understand and agree that neither Omnicare Inc. nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Service or the information resources contained on or accessible through the Service.

Information and statements about dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Omnicare/pharmacy does not endorse manufacturers’ or others’ claims about the efficacy of these products. We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by Omnicare/pharmacy either orally or in writing shall create such a warranty.

Omnicare Inc. does not provide any form of insurance. The inclusion of information about any particular service or product does not indicate anything about whether any insurance plan may or may not provide benefits with respect to that service or product.

Alerts

ANY ALERTS PROVIDED BY THE SERVICE ARE FOR YOUR CONVENIENCE ONLY, ARE NOT MEDICAL ADVICE, SHOULD NOT BE RELIED UPON, AND MAY FAIL TO BE DELIVERED TO YOU. IF YOU ARE A HEALTH CARE PROFESSIONAL, IT IS IMPORTANT THAT YOU CONTINUE TO INDEPENDENTLY REVIEW RELEVANT AND TIMELY MEDICAL LITERATURE, ALERTS, AND OTHER PUBLICATIONS (INCLUDING WITH RESPECT TO ANY MEDICATIONS OR OTHER TREATMENT THAT YOU MAY PRESCRIBE) IN ACCORDANCE WITH YOUR PROFESSIONAL OBLIGATIONS, PARTICULARLY IN THE EVENT THAT THE SERVICE FAILS TO SEND YOU ALERTS. WITHOUT LIMITING ANYTHING SET FORTH IN THIS AGREEMENT, NEITHER CVS/SPECIALTY NOR ITS SUPPLIERS OR VENDORS WILL BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THE SERVICE’S ALERTS, INCLUDING WITHOUT LIMITATION YOUR ACTIONS OR FAILURE TO ACT IN CONNECTION THEREWITH.

Refill Prescription Requests

The Software and the Services may provide functionality through which you are able to refill prescription requests. Refill Prescription Requests are only processed for residents of facilities whereby Omnicare Pharmacy has a valid prescription on file.

NEITHER Omnicare/pharmacy NOR ANY OF ITS AFFILIATES, SUPPLIERS, VENDORS, OR LICENSORS WILL INCUR ANY OBLIGATION OF ANY KIND, OR WILL BE SUBJECT TO ANY LIABILITY OF ANY KIND, IN CONNECTION WITH ANY NEW PRESCRIPTION REQUEST (INCLUDING IN CONNECTION WITH PROCESSING).

OMNICARE INC IS NOT RESPONSIBLE IN ANY WAY FOR ANY DELAYS IN THE REJECTION OR PROCESSING OF ANY NEW PRESCRIPTION REQUEST OR RELATED PRESCRIPTIONS.

Without limiting the foregoing, you may not use the Software or the Services (including as part of a Prescription Request) in connection with any prescription that:

  • contains any alteration;
  • is not written by your prescriber;
  • is not written by a prescriber in the United States (including any of its territories);
  • is unsigned;
  • is illegible;
  • relates to any substance that is deemed to be a “controlled substance” by the U.S. Drug Enforcement Administration or the State Boards of Pharmacy, as well as those medications that are deemed “drugs of concern” by any such organization;
  • is not an original paper prescription (e.g., if the prescription is a copy or is prepared from an electronic image);
  • has been previously filled (i.e., used to obtain any product(s) described therein);
  • has been previously transmitted through the Services;
  • has been previously rejected by Omnicare/pharmacy or any other pharmacy;
  • is irregular in any way (e.g., if the prescription is dated after the date that the New Prescription Request is transmitted through the Services);
  • is fraudulent or not properly authorized; or
  • is otherwise not acceptable under this EULA.

Location Based Services

By downloading the Software and enabling your Bluetooth capabilities and/or location-based services on your device, you expressly consent to Omnicare/pharmacy or its suppliers or vendors collecting the precise location information of your device. This information may be used in accordance with our Privacy Policy linked here .

Please see our Privacy Policy linked here for further information.

United States Only Restriction

The Software and the Services, including the information pertaining to Omnicare/pharmacy, are intended for use only by residents of the United States, and are not intended to subject Omnicare/pharmacy to any non-U.S. jurisdiction or law. The Software and the Services may not comply with legal requirements of foreign countries. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States. Any portion of the Software, the Services, or any other product or service provided by Omnicare/pharmacy is void where and to the extent prohibited by law, and you may not use the Software or the Services where it would be illegal to do so. We may limit the availability of the Software or the Services at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

Usage Rules and Requirements

You agree that your use of the Software and the Services shall be subject to and governed by any use requirements applicable to the Software or the Services that are established from time to time by Omnicare/pharmacy or otherwise made available to you by Omnicare/pharmacy. You agree to use the Software and the Services only in accordance with these requirements.

You acknowledge that the Software and the Services contain proprietary trade secrets of Omnicare/pharmacy and/or its licensors and suppliers. You may not (a) submit any automated or recorded requests to the Software or the Services unless otherwise approved by Omnicare/pharmacy; (b) access the Software or the Services with software or other means other than the Software; (c) copy, reproduce, port, translate, modify, distribute, sell, rent, lease, loan, timeshare, create derivative works based on, or otherwise exploit the Software or the Services or in any other manner duplicate the Software or the Services, in whole or in part; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the Software or the Services by any means, except to the extent the foregoing restriction is prohibited by applicable law; (e) remove any proprietary notices, labels, or marks from the Software or the Services; (f) use the Software or the Services for purposes of comparison with or benchmarking against products or services made available by third parties; or (g) knowingly take any action that would cause the Software or the Services to be placed in the public domain.

You agree to use the Software and the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Software or the Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Software or the Services will not be tolerated, including by means of hacking or defacing any portion of the Software or the Services, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Software and the Services available. You are strictly prohibited from communicating on or through the Software or the Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You must not (a) transmit or otherwise make available through or in connection with the Software or the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; (b) harvest or collect information about users of the Software or the Services; or (c) systematically download and store Services content.

We reserve the right to terminate or suspend your use of (including any access to) the Software or the Services without notice, if we believe, in our sole discretion, that your actions are in violation of this EULA or any applicable law, or are harmful to our interests or the interests, including intellectual property or other rights, of another user or any other third party, including any of our partners, affiliates, sponsors, providers, licensors, or merchants.

With respect to any information you provide, you agree to provide true, accurate, current, and complete information, including information about yourself. It is your responsibility to maintain and promptly update this account information to keep such information true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Software or the Services.

Because any termination of your access to the Software or the Services may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Software or the Services. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Software or the Services.

In connection with creating or maintaining an account, you may be asked to supply a user name and password, and/or a biometric identifier (such as a fingerprint or photograph of your face), or other access credentials, including access credentials (collectively, “Access Credentials”) in order to use the Software and/or any or all of the Services (including New Prescription Requests).

You acknowledge and agree that, to be a registered user of the Software and the Services, you must be eligible to receive Omnicare/pharmacy online pharmacy benefit management services.

Further, the Software may use or permit the use of authentication technologies, such as Apple’s Touch ID technology (“Authentication Technologies”), in connection with your use of the Software and/or any or all of the Services, including in connection with your Access Credentials.

YOU ACKNOWLEDGE AND AGREE THAT, IF THE SOFTWARE USES OR PERMITS USE OF TOUCH ID OR OTHER BIOMETRIC-BASED AUTHENTICATION TECHNOLOGY, ANYONE WITH A RELEVANT BIOMETRIC IDENTIFIER (SUCH AS A FINGERPRINT, IN THE CASE OF TOUCH ID) STORED ON YOUR DEVICE MAY HAVE ACCESS TO YOUR ACCOUNT AND BE MAY BE ABLE TO USE THE SOFTWARE AND/OR ANY OR ALL OF THE SERVICES (INCLUDING NEW PRESCRIPTION REQUESTS).

You are responsible for maintaining the confidentiality of your Access Credentials and are fully responsible for all activities that occur in connection with your Access Credentials. You agree to immediately notify us of any unauthorized use of your Access Credentials or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Software or the Services using your Access Credentials.

We may refuse to grant you an Access Credential requested by you that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, Access Credentials must be non-obvious, hard-to-guess, confidential, and changed on a regular basis, and you must log out at the end of each session. All Access Credentials remain the property of Omnicare/pharmacy, and may be cancelled or suspended at any time by Omnicare/pharmacy without any prior notice or any liability to you or any other person. Omnicare/pharmacy is not under any obligation to verify the actual identity or authority of the user of any Access Credential. If Omnicare Inc., in its sole discretion, considers an Access Credential to be insecure, then Omnicare Inc. may cancel such Access Credential.

Promotions

Any contests, surveys, or other promotions (collectively, “Promotions”) made available through the Software or Services may be governed by rules that are separate from this EULA. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this EULA, the Promotion rules will govern with respect to such Promotion.

Content, Copyrights, and Trademarks

The Software and any related documentation including the content made available by Omnicare/pharmacy through the Software or the Services (collectively, the “Content”) is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Omnicare/pharmacy and/or its licensors and suppliers. Any copyright or trademark notices may not be deleted or altered in any way. Our copyrights and trademarks may not be used in connection with any products or services that are not ours, or in any manner that is likely to cause confusion or otherwise violate our rights.

As between Omnicare/pharmacy and you, Omnicare/pharmacy owns all the Content, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material. Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of this Content, or posting or otherwise making available this Content (including selected portions of this Content) in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for any purpose other than for your personal, non-commercial use is strictly prohibited absent the prior written consent of Omnicare/pharmacy. Except as expressly provided herein, you may not copy, modify, publish, transmit, sell, offer for sale, or redistribute the Content in any way without the prior written permission of Omnicare/pharmacy. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Software, the Services, or Content, or to collect any information about Software or Services users. No title, rights, or interests in any content or other materials made available via the Software or the Services are afforded to you; to the extent that you are authorized to download any such materials via the Software or the Services, any such downloaded materials shall be for your own personal, noncommercial use only. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software or the Services to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. We may assign, transfer, or sublicense any or all of our rights or obligations under this EULA without restriction.

The product and service names and logos, slogans, trade dress, and other similar designations of source or origin displayed or used in connection with the Software or the Services constitute trademarks, trade names, company names, or service marks (“Trademarks”) of Omnicare/pharmacy or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with Omnicare/pharmacy or those other entities, and nothing contained in this EULA, the Software, or the Services should be construed as granting any right to use any Trademarks without the prior written consent of the owner of such Trademarks.

The display or use of any third-party Trademarks in connection with the Software or Services does not constitute (a) an affiliation by Omnicare/pharmacy and its licensors with such company; or (b) an endorsement or approval of such third parties or their products or services.

Uploads and Suggestions

In addition to Uploads, you may also elect to provide or make available to Omnicare/pharmacy suggestions, comments, ideas, improvements, or other feedback or similar materials, whether or not related to the Software or the Services (collectively, “Suggestions”).

You hereby grant to Omnicare Inc. and its affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide license (sublicensable through multiple tiers) to use, analyze, distribute, reproduce, modify, adapt, derive, publish, translate, publicly perform, publicly display, and otherwise exploit your Uploads and Suggestions (in whole or in part), in any format or medium now known or later developed for any purpose, whether in connection with the Software or the Services or otherwise.

OMNICARE INC. WILL NOT EVALUATE YOUR UPLOADS (INCLUDING NEW PRESCRIPTION REQUESTS), SUGGESTIONS, OR OTHER COMMUNICATIONS FOR INDICATIONS OF A NEED FOR MEDICAL ATTENTION, AND WILL NOT PROVIDE MEDICAL ADVICE IN RESPONSE. IF YOU CHOOSE TO MAKE ANY PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SOFTWARE OR THE SERVICES, YOU DO SO AT YOUR OWN RISK.

Any Uploads, Suggestions, or other communication or other material (“Other Communications”) that you send through the Software or the Services is and will be deemed to be non-confidential, and Omnicare/pharmacy shall have no obligation of any kind with respect to such information. Omnicare/pharmacy will be free to (but has no obligation to) monitor, analyze, and disclose Uploads, Suggestions, and Other Communications (and to authorize others to do the same) in any manner, and you will gain no right, title, or interest in or to the Software or the Services by virtue of Omnicare/pharmacy doing so. Omnicare/pharmacy shall be free to (but has no obligation to) use any ideas, concepts, know-how, or techniques contained in such Uploads, Suggestions, and Other Communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products. Omnicare/pharmacy reserves the right to (but has no obligation to) display or insert advertisements in connection with Uploads, Suggestions, and Other Communications, and to use Uploads, Suggestions, and Other Communications for marketing, advertising, and promotional purposes.

You agree that you are solely responsible for all of your Uploads, Suggestions, and Other Communications. Omnicare/pharmacy is not responsible for any loss, theft, or damage of any kind to any Uploads, Suggestions, or Other Communications. You represent and warrant that: (a) you own all rights in your Uploads, Suggestions, and Other Communications or, alternatively, you have acquired all necessary rights in your Uploads, Suggestions, and Other Communications to enable you to grant to Omnicare/pharmacy all of the rights described herein; and (b) your Uploads, Suggestions, and Other Communications do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Upload, Suggestion, and Other Communication that you may have under any applicable law under any legal theory.

You are prohibited from making Uploads, offering Suggestions, or otherwise using the Software or the Services to transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate this EULA, applicable law, or a copyright, trademark, or other intellectual property or other right of another. Omnicare/pharmacy will cooperate with any law enforcement authorities or court order requesting or directing Omnicare/pharmacy to disclose the identity of anyone transmitting information or materials or otherwise using the Software and the Services. Omnicare/pharmacy may, from time to time, monitor, review, analyze, block, alter, or remove Uploads, discussions, chats, postings, transmissions, bulletin boards, and the like; however Omnicare/pharmacy is under no obligation to do so and assumes no responsibility or liability for the reliability, currency, or completeness of any such Uploads, Suggestions, or Other Communications, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any Uploads, Suggestions, or Other Communications.

Omnicare Inc. is not required to host, display, or distribute any Uploads, Suggestions, or Other Communications, and may remove at any time or refuse any Uploads, Suggestions, or Other Communications for any reason. None of the Services are designed or intended to be used as a disaster recovery or emergency data storage facility and you are responsible for creating and maintaining copies of your Uploads (including any photos, as applicable) prior to posting, uploading, or otherwise submitting such Uploads through the Services.

Omnicare Inc. and its suppliers and vendors are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Uploads that you may use or allow others to use in connection with the Services (including Uploads posted or submitted to the Services) before Omnicare/pharmacy and its suppliers and vendors take any remedial action that they consider, in their sole discretion, to be appropriate.

NEITHER OMNICARE INC. NOR ITS SUPPLIERS OR VENDORS CONTROL THE UPLOADS POSTED OR SUBMITTED TO THE SERVICES AND DO NOT MONITOR, SCREEN, POLICE, OR EDIT THOSE UPLOADS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS EULA. YOU MAY FIND SOME OF THE UPLOADS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE, OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICES.

Changes and Updates to the Software or the Services and Compatibility

Omnicare Inc. will have no obligation to provide the Software or the Services, may change the form and nature of the Software or the Services at any time with or without notice to you, may charge, modify, or waive any fees required to use the Software or the Services (including any portion thereof), and may cease providing the Software or the Services at any time with or without notice to you. Omnicare/pharmacy may choose to provide updates to the Software from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Software, you acknowledge that you will be bound by the version of this EULA which is applicable as of the time you download and use any such update to the Software.

Omnicare/pharmacy does not represent or warrant that any version of the Software or the Services will be compatible with any hardware, software, or applications (including any future versions or updates of your phone, tablet, or computer, or any operating system for any such device) or provide the same functionality that is provided by the current version of the Software or the Services. The Software or the Services may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). Omnicare/pharmacy does not undertake any obligation to provide the Software or the Services to you in a way that is compatible with your hardware or software.

Privacy

Your submission of information through the Service is governed by our Privacy Policy for the Service, located at https://omniview.omnicare.com/na/apps/web/mvc/Public/PrivacyPolicy (“Privacy Policy”), which, among other things, explains how we seek to protect the privacy of the personal information that you provided to us through the Service. You acknowledge and agree that it is your responsibility to ascertain and obey all applicable laws regarding your use of the Service, and if you submit any personal information relating to another person to us, you represent and warrant that you have the authority to do so and to permit us to use and disclose such information in accordance with the Service’s Privacy Policy. In addition, you represent, warrant, and agree that your use of the Service will not violate any agreement between you and any third party.

When participating in any surveys or other promotions (collectively, “Promotions”) that may be offered through the Service, you are urged to review the official rules and regulations governing those Promotions (if applicable) and the Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern with respect to that Promotion.

You are responsible for obtaining, maintaining and paying for all hardware, software, and all telecommunications and other services needed for you to use the Service.

Please note that certain information, including the physical location of your device, may be collected automatically by the Software or the Services, as described in our Privacy Policy linked here.

Telephone, Text, and Fax Policy

By providing your business, residential or wireless phone and/or fax number(s) to Omnicare Inc, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of Omnicare Inc, at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling the toll-free number at [1-800-SHOPCVS] or faxing your opt-out request to [1-401-652-0893]. You may also send an opt-out request via email to [do_not_call@cvscaremark.com] with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply.

Monitoring Use

Omnicare Inc. reserves the right (but does not have the obligation) to elect to electronically monitor use of our Software and our Services (including electronic communications made in connection with the Software and the Services) and may disclose any content, records, or electronic communication of any kind if permitted to do so by any applicable law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Software or the Services, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content.

Responsibility for Hardware, Software, Telecommunications, and Other Services

You are responsible for obtaining, maintaining, and paying for all hardware, software, and all telecommunications and other services needed for you to use the Software and the Services.

In particular, you acknowledge that by using the internet to use the Software or the Services, you may incur charges from your wireless carrier, internet service provider, or other method of internet access, and that payment of any such charges will be your sole responsibility. Omnicare/pharmacy does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

Electronic Communications

When you send electronic communications, including emails or text messages, to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically, including through the Software or the Services, or otherwise. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Resources

Although Omnicare Inc. reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, Content, materials, services, products, merchandise, functionality, or other resources (collectively, “Resources”) available on or accessible through the Software or the Services (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Software or the Services. Resources may be made available by Omnicare/pharmacy or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations, warranties, or guarantees as to the availability, completeness, accuracy, reliability, validity, or timeliness of any or all of the Resources.

Third Party Resources

The Software and the Services may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality, and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that Omnicare/pharmacy does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about, such Third Party Resources, including without limitation the security of any Uploads, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Resources (such as Terms of Service or Privacy Policies of the providers of such Third Party Resources).

Disclaimer of Warranty

Omnicare/pharmacy does not accept any liability for the consequences arising from the application, use, or misuse of any information on the Software or the Services, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

YOUR USE OF (INCLUDING ANY ACCESS TO) THE SOFTWARE, THE SERVICES, RESOURCES, AND THIRD PARTY RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, CONTENT, SERVICES, PRODUCTS, MATERIALS, UPLOADS, AUTHENTICATION TECHNOLOGIES, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH OR IN CONNECTION WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “OFFERING”), IS SOLELY AT YOUR OWN RISK.

OMNICARE/PHARMACY AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “OMNICARE/PHARMACY PARTIES”) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE OFFERING, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

THE OFFERING IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OFFERING IS WITH YOU. SHOULD THE OFFERING PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.

THE OMNICARE/PHARMACY PARTIES MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE OFFERING’S ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THE OMNICARE/PHARMACY PARTIES DO NOT WARRANT THAT THE OFFERING WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ANY PARTICULAR TIME, OR THAT THE OPERATION OF THE OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE OFFERING OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO OMNICARE/PHARMACY TO GRANT THE LICENSE CONTAINED IN THIS EULA AND TO PROVIDE YOU WITH ACCESS TO THE OFFERING.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNICARE/PHARMACY PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS OR RESOURCES PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY PASSWORD PROTECTION, ACCESS CREDENTIALS, OR OTHER SECURITY MEASURES FOR UPLOADS THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS TO SUCH UPLOADS, OR THAT ANY SUCH UPLOADS WILL NOT BE ACCESSED OR MISUSED BY ANY OTHER PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OMNICARE/PHARMACY PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), OR ANY DAMAGES WHATSOEVER ARISING OUT OF ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS EULA OR THE USE (OR INABILITY TO USE), OPERATION, AVAILABILITY OR PERFORMANCE OF THE OFFERING (OR ANY PORTION THEREOF), OR YOUR RELIANCE ON THE OFFERING (OR ANY PORTION THEREOF), EVEN IF ANY OMNICARE/PHARMACY PARTY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE OFFERING (INCLUDING ANY AUTHENTICATION TECHNOLOGIES) MAY NOT BE SECURE, AND THAT PRIVACY AND SECURITY RISKS CANNOT BE ELIMINATED. ACCESS CREDENTIALS AND AUTHENTICATION TECHNOLOGIES MAY NOT PREVENT UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR UPLOADS THAT YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE OFFERING.

ANY LIABILITY ON THE PART OF THE OMNICARE/PHARMACY PARTIES ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OR MISUSE OF THE OFFERING SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE FEES PAID BY YOU FOR THE PARTICULAR SOFTWARE OR THE SERVICES PROVIDED; AND (B) TWENTY-FIVE DOLLARS ($25).

The Omnicare Inc. Parties are not liable for the unauthorized use of Resources, including such unauthorized use by any websites.

The Omnicare Inc. Parties do not guarantee the sequence, accuracy, or completeness of any information or content available through the Offering and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby. The Omnicare/pharmacy Parties do not accept any responsibility for technical failures or for unauthorized access of user transmissions by third parties.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that a Omnicare/pharmacy Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty will be equal to the minimum permitted under such applicable law and the extent of the Omnicare/pharmacy Parties’ liability will be equal to the greater of the amount you paid for the Software or the Services or the minimum permitted under such applicable law.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS EULA AND THE SOFTWARE AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless the Omnicare/pharmacy Parties from and against all liability, claim, losses, expenses, damages, and costs, including reasonable attorneys’ fees, related to or arising out of your use of the Software or the Services (including Processing, any of your Uploads, and your use of Resources) or any violation by you of this EULA.

Termination

You may terminate this EULA at any time by destroying all copies of the Software and related documentation under your control and ceasing to use the Services. All rights granted to you under this EULA will immediately terminate if you violate any of the terms of this EULA or if this EULA is terminated, but all other provisions of this EULA (other than with respect to our right to modify this EULA, the Software, or the Services) will survive any such violation or termination.

Omnicare/pharmacy or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Software or the Services and any membership and account you may have; (b) suspend or terminate and permanently delete and destroy any Access Credential, URL, IP address, or domain name; (c) remove from the Services and permanently delete and destroy any Uploads (or any components thereof) that you or others may have posted or submitted to the Services (and for purposes of this EULA, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (d) restrict access to the Uploads posted or submitted to the Services and to any account you may have; and (e) prohibit you from any future use of the Software or the Services; all without any prior notice or liability to you or any other person.

Without limiting the foregoing, if this EULA is terminated for any reason, then: (a) you may no longer use the Software or the Services, and you must promptly delete the Software from your device and cease all use of any of the Services; (b) this EULA will continue to apply and be binding upon you in respect of your prior use of the Software and the Services, including payment of any charges accrued in connection with use of the Software and the Services and your indemnification obligations; (c) Omnicare/pharmacy may immediately remove from the Services and permanently delete and destroy any Uploads that you or others may have posted or submitted to the Services without any prior notice or liability to you or any other person; and (d) any fees and charges previously paid by you for unused services will not be refunded.

Export Laws

The United States restricts the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) located in, or a national or resident of, any country subject to a U.S. government embargo or other restriction; or (b) on the United States Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial and Prohibition Orders, or any other U.S. government list of restricted end users.

U.S. Government End Users

The Software is a “Commercial Item,” 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 federal regulations, the Software and related documentation are 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.

Forward Looking Statements

The Services may contain or make available forward-looking statements within the meaning of the federal securities laws. In addition, CVS Health Corporation and its subsidiaries, including Omnicare/pharmacy (collectively, “CVS Group”), and its and their representatives may, from time to time, make written or verbal forward-looking statements, including statements contained in CVS Health Corporation’s filings with the U.S. Securities and Exchange Commission (“SEC”) and in the CVS Group’s reports to stockholders, press releases, webcasts, conference calls, meetings, and other communications. Generally, the inclusion of the words “believe,” “expect,” “intend,” “estimate,” “project,” “anticipate,” “will,” “should,” and similar expressions identify statements that constitute forward-looking statements. All statements addressing operating performance of CVS Health Corporation or any subsidiary, events, or developments that the CVS Group expects or anticipates will occur in the future, as well as statements expressing optimism or pessimism about future operating results or events, are forward-looking statements within the meaning of the federal securities laws. The forward-looking statements are and will be based upon management’s then-current views and assumptions regarding future events and operating performance, and are applicable only as of the dates of such statements. The CVS Group undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. By their nature, all forward-looking statements involve risks and uncertainties. Actual results may differ materially from those contemplated by the forward-looking statements for a number of reasons as described in CVS Health Corporation’s SEC filings, including those set forth in the Risk Factors section of CVS Health Corporation’s current Form 10-K filed with the SEC. There can be no assurance that CVS Health Corporation has correctly identified and appropriately assessed all factors affecting its business. Additional risks and uncertainties not presently known to CVS Health Corporation or that it currently believes to be immaterial also may adversely impact the CVS Group. Should any risks and uncertainties develop into actual events, these developments could have a material adverse effect on the CVS Group’s business, financial condition, and results of operations. For these reasons, you are cautioned not to place undue reliance on the CVS Group’s forward-looking statements.

Governing Law

This EULA, your use of the Software and the Services, all transactions through the Software and the Services, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND CVS OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CVS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CVS will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.

Copyright Infringement Claims: Notice and Take-Down Procedures

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing through online services infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Software or Services infringe your rights under U.S. copyright law, you (or your agent) may send to Omnicare/pharmacy a written notice by mail, e-mail, or fax, requesting that Omnicare/pharmacy remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Software or Services, the DMCA permits you to send to Omnicare/pharmacy a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:

  1. Sufficient information identifying the copyrighted work(s) believed to be infringed.

  2. Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit Omnicare/pharmacy to locate such material(s).

  3. A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.

  4. Contact information for the complaining party, including a mailing address, a telephone number, and, if available, an email address.

  5. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.

  6. A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.

Notices and counter-notices must be sent in writing to Omnicare/pharmacy DMCA agent as follows:

  • DMCA Agent, Legal Department
  • Mail:   Omnicare/pharmacy, One CVS Drive, Woonsocket, R.I. 02895 Mail Code 1160
  • Email:  DMCA@cvshealth.com
  • Fax:  401-765-7887

Omnicare/pharmacy DMCA agent can also be reached at the following phone number: 401-765-1500.

Miscellaneous

This EULA is the entire agreement between you and Omnicare Inc. with respect to the Software and the Services and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Software) concerning the Software or the Services.

If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of this EULA will remain in full force and effect.

Failure by Omnicare/pharmacy to prosecute any right with respect to a default hereunder will not constitute a waiver by Omnicare/pharmacy of the right to enforce rights with respect to the same or any other breach.

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers . Please note that Omnicare/pharmacy does not endorse any of the products or services listed on such site.

Contact Us

If you have a question or complaint regarding the Software or the Services, please see here for information on how to contact us, or write to us as follows:

CVS Health Corporation

1 CVS Drive

Woonsocket, R.I. 02895

(888) 607-4287


California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Apple-Specific Terms

In addition to the other terms set forth herein, and notwithstanding anything to the contrary herein, you acknowledge and agree that the following terms apply with respect to your use of any version of the Software compatible with the iOS operating system of Apple Inc. (“Apple”): (a) this EULA is between you and Omincare/pharmacy, and not Apple; (b) Omincare/pharmacy, and not Apple, is solely responsible for the Software; (c) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Software; (d) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software; (e) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software; (f) Apple is not responsible for any claims that you have arising out of your use of the Software; (g) Apple will have no responsibility whatsoever for the investigation, defense, settlement, or discharge of any third-party claim that the Software infringes that third party’s intellectual property rights; (h) Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary; (i) the license that you have been granted herein is limited to a non-transferable license to use the Software on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service; (j) you must comply with the terms of any third-party agreement applicable to you when using the Software, such as your wireless data service agreement; and (k) any inquiries or complaints relating to the use of the Software, including those pertaining to intellectual property rights, must be directed to Omincare/pharmacy in accordance with the “Contact Us” section above. In addition to the foregoing, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


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Software copyright © 2017 Omnicare, Inc.