MAPEI IOS END USER LICENSE AGREEMENT

THIS IS AN END USER LICENSE AGREEMENT (THIS "AGREEMENT") MADE BY AND BETWEEN YOU AND MAPEI

CORPORATION (“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 of Use for the MAPEI

website at www.mymapeheat.com; (b) the MAPEI Privacy Policy at www.mapei.com and www.mymapeheat.com (the

“MAPEI Privacy Policy”); and (c) any usage guidelines posted by MAPEI at www.mapei.com (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 MAPEI's limited

warranty, 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 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 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 U.S., 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.

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. 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 AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR

IMPLIED OR ARISING FROM STATUTE, 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 AND NON-INFRINGEMENT. MAPEI PARTIES MAKE NO

WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)

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ACCESS TO THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS

THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (iv) THE

SOFTWARE DOES NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

(b)

LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE MAPEI PARTIES SHALL

NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, LOSS OF PROFIT, PUNITIVE OR

CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR

MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE MAPEI PARTIES OR ANY OF THEM

HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS

OF WHETHER SUCH DAMAGES WERE FORESEEABLE. 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. CERTAIN STATE AND

PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR

LIMITATION OF CERTAIN DAMAGES AND IF YOU RESIDE IN SUCH STATE OR PROVINCE, SOME OR ALL OF THE

ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE

ADDITIONAL RIGHTS.

Indemnification. You agree to indemnify and hold the MAPEI Parties harmless from and against any claim,

demand, loss, damage, cost, liability and expense, including 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.

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.

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.

Legal Compliance. You represent and warrant that you are not: (a) 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

(b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated

Nationals List.

11.

U.S. Government Entities. This section applies to access to or use of the Software by a branch or agency

of the United States Government. The Software consists of “commercial computer software” and “commercial computer

software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48

C.F.R. 2.101. The Software is provided to the United States Government: (a) for acquisition by or on behalf of civilian

agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the

Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States

Government shall acquire only those rights set forth in this Agreement with respect to the Software, and any use of the

Software by the United States Government constitutes: (i) agreement by the United States Government that that the

Software is “commercial computer software” and “commercial computer software documentation” as defined in this section;

and (ii) acceptance of the rights and obligations herein.

12.

Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the

United States federal laws and the laws of the State of Florida, without regard to conflict of laws principles. The United

Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this

Agreement.

13.

Agreement to Resolve Disputes. Notwithstanding anything to the contrary, you and MAPEI may seek

injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property

rights, whether in aid of, pending or independently of the resolution of any dispute. In the event of any litigation arising from

or relating to this Agreement in which a court of competent jurisdiction determines that you have breached this Agreement,

you will promptly reimburse MAPEI for its costs and expenses (including, without limitation, reasonable attorney and

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paralegal fees and court costs) incurred in connection with all litigation, whether at the trial or appellate level, together with

any and all other relief, at law or in equity, to which MAPEI may be entitled as determined by that court. Any action,

proceeding or litigation arising from or in connection with this Agreement will be adjudicated in federal or state court in

Broward County, Florida and the parties hereby submit to the exclusive venue and jurisdiction of that court for purposes of

any such action and waive any objections to the venue and jurisdiction of that court. The parties waive all rights to a jury

trial.

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, 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. 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 consumer protection 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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