CLEARVIEW END USER LICENSE AGREEMENT

1. LICENSE AND TERMS OF USAGE

• a. Service and Mobile Application. For the purposes of this Agreement, the term User refers to any users of the Service, whether that user is an individual or a legal entity through its employees, representatives, agents, subcontractors or other designated users. Subject to User’s compliance with the terms and conditions of this Agreement, upon registration, ClearView grants to User a non-exclusive, non-transferable, non-sublicensable, revocable right and license to install and use the mobile application (“Mobile App”) and other elements of the Service solely in connection with User’s internal business use.

• b. Registration and Protection of Credentials. During registration process for the Services, either on the ClearView website or by the Mobile App, User will provide a valid email address and create a password (“Credentials”). User agrees that ClearView may use its Credentials to authenticate User on the Service. User may not share its Credentials with anyone other than as expressly set forth herein. User is responsible for maintaining the confidentiality of its Credentials, and, provided that User acts negligently or willfully, User will be responsible for all uses of the Service using its Credentials, whether or not authorized by User. User must keep its ClearView account information current and promptly notify ClearView at support@Clearviewcloud.com of any unauthorized use of its account or if its email or password has been hacked, used without its consent or stolen or if User discovers any other breach of security. ClearView reserves the right to suspend or discontinue all or part of User’s access to the Service at any time without prior notice for unauthorized use of its Credentials or for violating the User Restrictions set forth in Section 2c (User Restrictions).

• c. User Restrictions. User agrees not to misuse the Services. User may not (i) sublicense, sell, transfer, assign, distribute or otherwise commercially exploit the Services; (ii) modify or create derivative works based on the Services; (iii) create Internet “links” to the Services or “frame” or “mirror” any content provided in connection therewith; or (iv) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application software or access the Services in order to build a product using features, functions or graphics similar to the Service; (v) copy any features, functions or graphics of the Services; (vi) allow the Service to be used by any User who is not registered with ClearView for that User license; (vii) impersonate or misrepresent its affiliation with any person or entity (viii) use the Services to: (a) send unsolicited or unlawful messages; (b) send or store infringing, obscene, threatening, harmful, libelous, or otherwise unlawful material, including material harmful to children or violative of privacy rights; (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, or agents; (d) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (d) attempt to gain unauthorized access to the Service or its related systems or networks; (e) probe, scan, or test the vulnerability of any system or network.

• d. User License to ClearView. ClearView is free to use any ideas, concepts, know-how, or techniques contained in any User communications to ClearView for any internal business purpose including, but not limited to, developing and marketing products using such information.

2. CONTENT

• a. Uploaded Content. Subject to ClearView User Restrictions and User Representations and Warranties Regarding Content, User may upload a limited number of building plan prints or other documents to be used in connection with the Services (“Content”).

• b. Content Users Create and Share on the Services. The Services permits Users to create, modify, copy and share Content, such as annotations to documents. Depending upon User or its Users level of administrative privileges for a project, User’s Content may be altered or deleted permanently by other Service users. ClearView has no responsibility for how User shares its Content or how others may alter or delete it, and User should consider carefully what User chooses to share or make public and what User chooses to save or backup.

• c. Content Ownership. ClearView does not verify, endorse, or claim ownership of any Content, and account holders retains all right, title, and interest in and to the Content upload or created by itself or its assigned users. Content may be stored and/or backed-up on ClearView’s servers or on servers of trusted third parties as necessary for ClearView to provide the Service, and in accordance with ClearView’s then-current storage practices. User should retain backup copies of its Content at all times.

• d. User Representations and Warranties Regarding Content. User represents, warrants and covenants that (a) it is the owner, licensee, or authorized user of all Content; and (b) it will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or ClearView, or any rights of publicity or privacy of any party; (iii) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity, including Content that is harmful to minors; (v) contains any viruses, Trojan horses, worms, time bombs, or any other similarly harmful computer code, files, scripts, or agents software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vi) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising)

• e. Content and Use Monitoring. ClearView may review Content for compliance with community guidelines but User acknowledges that ClearView has no obligation to monitor any information on the Site or the Application.

• f. Ownership of Intellectual Property. As between ClearView and User, User owns all right, title and interest, including all related Intellectual Property Rights, in and to the Content. As between ClearView and User, ClearView (or its licensors and suppliers) owns and will continue to own all right, title and interest, including all related Intellectual Property Rights, in and to the Service and the ClearView Technology. The foregoing also includes any and all system performance data and machine learning, including machine learning algorithms, and the results and output of such machine learning. No jointly owned intellectual property is created under or in connection with this Agreement. User acknowledges that the ClearView name, the ClearView logo, and the product names associated with the Service are trademarks of ClearView or third parties, and no license to such marks is granted herein.

3. OPEN SOURCE

. Certain items of software included with the Mople App are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Nest Labs makes such Open Source Software, and Nest Labs’ modifications to that Open Source Software, available by written request to Nest Labs at the email or mailing address listed below.

4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES

• a. ClearView does not guarantee that no alteration will ever occur or that what is displayed in the Application or on its Site will at all times be a complete rendering of all Content. ClearView is not responsible for the accuracy, completeness, appropriateness, attribution or legality of the Content, files, user posts, annotations, markups or any other information User may be able to access using the Service. Ultimately it is User’s responsibility to check that its Content as displayed on the Service is an accurate rendering of User’s Content as originally uploaded.

• b. THE SERVICE AND THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, CLEARVIEW, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLEARVIEW SHALL NOT BE RESPONSIBLE FOR ANY HARM TO USER’S OR ITS USERS COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA OR CONTENT, OR OTHER HARM THAT RESULTS FROM USER’S OR ITS USER ACCESS TO OR USE OF THE SITE OR APPLICATION. WITHOUT LIMITING THE FOREGOING, CLEARVIEW DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE CONTINUOUS, SECURE, RELIABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE.

• c. CLEARVIEW IS NOT LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SERVICE OR ACCESS CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTIONS, USER’S RELIANCE O N CORRUPTED, INCOMPLETE O R MISSING CONTENT OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR THE APPLICATION OR SITE AND BASED ON ANY THEORY OF LIABILITY INCLUDING STATUTE, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CLEARVIEW OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AN REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CLEARVIEW’S TOTAL LIABILITY TO USER FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO $100 OR THE ACTUAL AMOUNTS USER PAID FOR THE SERVICE, WHICHEVER IS LARGER.

• d. The limitations on liability in this Section are intended to apply to the warranties and disclaimers above and all other aspects of this Agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or for the exclusion of implied warranties so the above limitation or exclusion may not apply to User and User may also have other legal rights in its jurisdiction.

5. PRIVACY

• a. Privacy Policy. By using the Service, User agrees with the terms of the Plan Grid Privacy Policy, which is located at https://www.Clearviewcloud.com/privacy, The terms of this Section 5 govern ClearView’s collection and use of User’s personal information in connection with the Service. If there is any conflict between the terms of the Privacy Policy or the terms of this Agreement, the terms of this Agreement shall control. ClearView may make changes to the Privacy Policy from time to time, and such changes will be communicated to User in the text of the Privacy Policy. Please visit the Privacy Policy regularly for updates.

• b. Collection and Storage of User’s Personal Information. By using the Service, User agrees and acknowledges that personal information collected about User through the Site or the Application or in any way in connection with the Service may be transferred across national boundaries for storage or process to any of the countries around the world. This includes the location or the universally unique identifier of any Device User uses to access the Application and their phone number(s).

• c. Tracking. User’s use of the Site and the Application or portions thereof may be tracked by ClearView in order to provide better Service and for other purposes. User consents to such tracking, provided that ClearView will not make available or disclose User’s identity (full name and email address) to any third party, as provided by the Privacy Policy.

6. COPYRIGHT INFRINGEMENT

ClearView respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), ClearView will respond expeditiously to claims of copyright infringement committed using the Site and/or the Application if such claims are reported to ClearView’s Designated Copyright Agent identified in the sample notice below.

7. SURVIVAL

All provisions of this Agreement, other than Section 2 survive any termination or suspension of this Agreement.

8. GOVERNING LAW

By accessing and using the Service, User and ClearView agree that all matters relating to this Agreement and User’s access to, or use of, the Service shall be governed by and construed in accordance with the substantive laws in force in the State of Georgia without regard for its conflicts of law principles. All claims arising out of or relating to the terms of this Agreement or the Service must be litigated exclusively in the federal or state courts of Atlanta, Georgia.

9. INTERNATIONAL USE

If User chooses to access the Service from a location outside of the United States, User does so at its own initiative, and is solely responsible for compliance with local laws and all liability therefore. The export and re-export of the Application software may be controlled by the United States Export Administration Regulations. The software may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If User is a resident or national of, or a business located in, any of those countries, User may not download or use the Services.

10. MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions will remain in full force and effect. ClearView’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ClearView in writing. ClearView may post changes to this Agreement, and any such changes will be applicable to all subsequent access to or use of the Application and Service. User’s rights hereunder may not be assigned or transferred to any third party. This Agreement, including the Privacy Policy, constitutes the entire agreement between User and ClearView and supersedes all prior agreements, representations, and understandings between the parties regarding the subject matter contained herein. Notwithstanding any other provision of this Agreement, ClearView may change, suspend, add, or remove terms and conditions of this Agreement, or cease, change, suspend, add to, or remove the Service, Application or Site, or any portion of the service, Application, or Site, at any time. If any future changes are unacceptable to User, it should discontinue using the Service, Application or Site. User’s continued use of the Service, Application, or Site following the posting of notice of any such changes to a ClearView web site will indicate User’s acceptance of the then current Agreement, and of any such changes. In no event will ClearView have any liability as a result of making these changes.