MAPEI IOS 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.

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.

License. Subject to your compliance in all material respects with the terms and conditions of this Agreement,

and the Usage Rules set forth in the iTunes App Store Terms of Service, 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 iOS mobile operating system, which are owned and controlled by you, such license being

granted solely for personal, non-commercial purposes.

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.

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.

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.

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 LICENSORS

(COLLECTIVELY, “MAPEI PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS

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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.

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.

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.

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 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,

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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. The parties acknowledge that this Agreement is concluded between you and MAPEI only, and not with

Apple, and Apple is not responsible for the Software and the Contents thereof. Apple has no obligation whatsoever to furnish

any maintenance and support services with respect to the Software. MAPEI, not Apple, is responsible for addressing any

claims from you or any third party relating to the Software or your possession and/or use of the Software, including, but not

limited to, product liability claims, any claim that the Software fails to conform to any applicable legal or regulatory

requirement and claims arising under Quebec Consumer Protection Act or similar legislation. Apple and Apple’s subsidiaries

are third-party beneficiaries of this Agreement, and Apple shall have the right (and will be deemed to have accepted the

right) to enforce the Agreement against you as a third-party beneficiary hereof. MAPEI, not Apple, shall be solely responsible

for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to the

Software.

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