Common use of Use and Operation of Scanner Clause in Contracts

Use and Operation of Scanner. You understand and agree that the Scanner (and the Related Software) is a measuring tool, for use in determining whether to increase a person’s intake of certain selected dietary ingredients, specifically carotenoids. The information derived from the measurement obtained from the Scanner is only part of an over-all, well rounded approach to good health practices, including regular monitoring of certain dietary intakes, and is not intended to provide an overall nutritional profile. You shall use the Scanner in accordance with this Agreement and the User Manual accompanying the Scanner, and, in particular, shall not (i) make any claims related to the scanner that have not been approved by Nu Skin; (ii) use the Scanner or Related Software to promote or sell nutritional supplements except those of Nu Skin or of Pharmanex, LLC; or (iii) represent that the Scanner can diagnose, prevent, mitigate, treat or cure any disease or condition of the human body. All Scanner use shall be in conformity with all applicable laws and regulations, any insurance policies, the warranties of Nu Skin herein, any manufacturer warranties, and any Scanner maintenance agreements. You may permit other Distributors to use and operate the Scanner for customers and clients of such Distributors; provided, how- ever, that you shall continue to remain liable for all obligations under this Agreement. You shall not relinquish possession of the Scanner or Related Soft- ware to a Distributor until such Distributor has been trained in the use, benefits and limitations of the Scanner, and have obtained Distributor’s agreement to abide by this Section 7. You shall insure that Distributors do not permit any other person, firm or corporation to use the Scanner or Related Software.

Appears in 2 contracts

Sources: Scanner Agreement, Scanner Agreement