MAPEI ANDROID END USER LICENSE AGREEMENT  
Effective Date: May 1, 2020  
THIS IS AN END USER LICENSE AGREEMENT (THIS "AGREEMENT") MADE BY AND BETWEEN YOU AND MAPEI  
INC. (“MAPEI”) CONCERNING YOUR USE OF THIS APPLICATION (THE “SOFTWARE”). PLEASE READ THIS  
AGREEMENT CAREFULLY. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND  
UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT  
AGREE, YOU MAY NOT USE THE SOFTWARE, AND YOU MUST UNINSTALL THE SOFTWARE FROM ANY DEVICE  
OWNED OR CONTROLLED BY YOU.  
1.  
Governing Documents. This Agreement incorporates by reference: (a) the Terms and Conditions of Use  
for the MAPEI website at www.mymapeheat.com; (b) the MAPEI Privacy Policy at www.mapei.com/ca/en-ca/home and  
www.mymapeheat.com (the “MAPEI Privacy Policy”); (c) the MAPEI Legal Notice and Disclaimer at  
www.mapei.com/ca/en-ca/home and www.mymapeheat.com; and (d) any usage guidelines posted by MAPEI from time to  
time (collectively, “Governing Documents”). By using the Software, you agree to be bound by the Governing Documents.  
Your purchase and use of any product (the "Product") which is monitored or controlled by the Software in any manner is  
governed by applicable MAPEI limited warranty for any purchased Product, the terms of which are provided with such  
Product. This Agreement does not govern your purchase of the Product.  
2.  
License. Subject to your compliance in all material respects with the terms and conditions of this  
Agreement, MAPEI grants you a restricted, nonexclusive, non-transferable, revocable license to install and use the  
Software in machine executable object code form only on one or more personal mobile devices using the Android®  
mobile operating system, which are owned and controlled by you, such license being granted solely for personal, non-  
commercial purposes.  
3.  
Restrictions. You may not: (a) use, copy, print, modify, adapt, create derivative works from, market,  
deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute,  
publicly perform, publicly display or otherwise grant rights to the Software, or any copy thereof, in whole or in part, except  
as expressly permitted under this Agreement; (b) reverse engineer, disassemble, decompile or translate the Software, or  
otherwise attempt to derive the source code, structural framework or the data records of the Software, or authorize any  
third party to do any of the foregoing; (c) access the Software for purposes of developing, marketing, selling or distributing  
any product or service that competes with or includes features substantially similar to the Software; (d) loan, resell or  
distribute the Software, or any part thereof, in any way; or (e) use the Software in any way that does not comply with  
public moral decency, and all applicable laws and regulations.  
4.  
Ownership. MAPEI or its licensors and suppliers own all rights, title and interest in the Software  
(including, but not limited to, all intellectual property rights such as copyrights, patents, patent applications, trade secrets,  
trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all  
other materials incorporated within the Software), and the Software is protected by Canadian and international copyright  
and other intellectual property laws and treaties. The Software is licensed, not sold, to you for use only under the terms  
and conditions of this Agreement. MAPEI reserves all rights not expressly granted to you hereunder.  
5.  
Suggestions. If you elect to provide or make available to MAPEI any suggestions, comments, ideas,  
improvements or other feedback concerning the Software (collectively, “Suggestions”), MAPEI shall be free to use,  
disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without  
credit or compensation to you.  
6.  
Personal Information. You acknowledge and agree that by using the Software, MAPEI may receive  
certain information about you, including personal information, and MAPEI may collect, use and disclose such information  
in accordance with the MAPEI Privacy Policy.  
(a) NO WARRANTY. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS  
PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THE ENTIRE RISK  
AS TO SATISFACTORY ACCESS, USE, QUALITY, STORAGE, INTEGRITY, PERFORMANCE AND ACCURACY  
REMAIN WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAPEI AND ITS PARENTS,  
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MANDATARIES, PARTNERS AND  
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LICENSORS (COLLECTIVELY, “MAPEI PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,  
WHETHER EXPRESS OR IMPLIED OR ARISING FROM COURSE OF DEALING, USAGE OF TRADE OR  
OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,  
MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK  
OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES AND RESULTS. MAPEI PARTIES MAKE NO  
WARRANTY THAT: (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) ACCESS TO  
THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT  
MAY BE OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE.  
(b) LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU ACKNOWLEDGE  
AND AGREE THAT THE MAPEI PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY,  
LOSS OF PROFIT, PUNITIVE OR REPUTATIONAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES  
ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS AND REGARDLESS  
OF WHETHER SUCH DAMAGES WERE FORESEEABLE BY ANY MAPEI PARTIES. MAPEI PARTIES SHALL NOT BE  
LIABLE FOR ANY CLAIMS BY THIRD PARTIES ARISING FROM YOUR ACCESS TO, OR USE OF THE SOFTWARE.  
IN NO EVENT SHALL MAPEI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS  
AGREEMENT OR YOUR USE OF THE SOFTWARE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO MAPEI FOR  
USE OF THE SOFTWARE.  
.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE  
EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY  
INVALID, EXCLUSIONS AND LIMITATIONS SET FORTH HEREIN, MAPEI PARTIES SHALL BE ENTITLED TO THE  
MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED UNDER LAW AND ALL OTHER TERMS SHALL REMAIN IN  
FULL FORCE AND EFFECT. FOR GREATER CLARITY AND SUBJECT TO THE FOREGOING SENTENCE, IN NO  
EVENT SHALL MAPEI’S TOTAL LIABILITY TO YOU EXCEED IN THE AGGREGATE, THE AMOUNT, (IF ANY) PAID BY  
YOU TO MAPEI FOR USE OF THE SOFTWARE.  
7.  
Indemnification. You agree to indemnify and hold the MAPEI Parties harmless from and against any and  
all claim, demand, loss, damage, cost, liability and expense, including but not limited to, reasonable legal fees and  
disbursements, resulting from or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or  
regulation; or (c) violation of any rights of another party including violation or infringement of any third-party intellectual  
property rights.  
8.  
Termination. This Agreement is effective until terminated by you or MAPEI. Your rights under this  
Agreement shall terminate automatically without notice from MAPEI if you violate any of the terms of this Agreement.  
Upon termination of this Agreement, all rights granted to you under this Agreement shall immediately terminate, but all  
other provisions shall survive termination. You agree that MAPEI shall not be liable to you or any third party for any  
limitation or termination of your access to, or use of, the Software.  
9.  
Changes to Software. MAPEI reserves the right to modify or discontinue, temporarily or permanently, the  
Software or any product or service to which it connects, with or without notice and without liability to you. MAPEI may from  
time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the  
Software or related services (“Updates”). MAPEI may further develop Updates that require installation by you before you  
continue to use an application or related services.  
10.  
Governing Law and Venue: This Agreement shall be governed by, construed and enforced according to  
the laws of the Province of Quebec and Canadian laws when and where applicable, and without regard to the Province of  
Quebec’s conflict of law provisions. Any action, proceeding or litigation with regard to this Agreement can only be  
instituted exclusively in the judicial district of Laval, Province of Quebec.  
14. General. This Agreement constitutes the entire agreement between you and MAPEI concerning your access  
to and use of the Software. It supersedes any prior or contemporaneous agreements between you and MAPEI with  
respect to such subject matter. This Agreement may not be amended except in a writing executed by an authorized  
representative of each party. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their  
Android45667509.2 MT20200501- EN  
respective successors and permitted assigns. You may not assign any of your rights or obligations under this agreement  
to another party without the express written consent of MAPEI. The failure of MAPEI to exercise or enforce any right or  
provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall  
be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if  
necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the  
remaining parts of this Agreement. It is the express wish of the parties that this Agreement and all related documents be  
drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y  
afférents soient rédigés en anglais.  
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