PANTONE® Connect Terms of Use

Effective: February 2, 2022

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR DOWNLOADING PANTONE CONNECT OR SIGNING A PANTONE CONNECT ORDER FORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, ACCESS, OR USE PANTONE CONNECT. IF YOU ARE ENTERING INTO THESE TERMS ON YOUR OWN BEHALF, THE TERMS ”YOU” AND ”YOUR” AS USED HEREIN MEAN THE INDIVIDUAL ENTERING INTO THESE TERMS OF USE. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY, THE TERM ”YOU” AND ”YOUR” AS USED HEREIN SHALL COLLECTIVELY MEAN THE COMPANY AND ITS PERMITTED AUTHORIZED USERS INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS. FURTHER, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE COMPANY AND THAT YOU HAVE THE RIGHT AND AUTHORITY TO BIND THE COMPANY TO THESE TERMS OF USE.

These Terms of Use (”Terms of Use”) govern your access to and use of the Pantone Connect website (www.pantone.com/connect) and any Pantone Connect applications (the ”Application”) provided by Pantone LLC (collectively, ”Pantone”, ”us” or ”we”), as well as specific features and functions that are made available through the Application (collectively, the ”Services”). The Services include ‘free' Services available with the basic version of the Application and shall also include any ‘paid' Services available through the Application or that you may otherwise acquire from Pantone on a promotional or subscription basis (currently monthly and annually). Hereinafter the Term ”Application” shall mean the Application and the Services provided through the Application.

Agreement to Terms of Use; Updating of Terms+

By installing, accessing and/or using the Application, you agree to be bound to these Terms of Use and to the terms of Pantone's Privacy Policy which is incorporated into these Terms of Use by reference.

We reserve the right to modify these Terms of Use in our sole discretion (including without limitation the Privacy Policy) at any time. We will alert you about any changes by updating the ”Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Application after the date such revised Terms of Use are posted.

Privacy + Pantone may collect and use your information as set forth in our Privacy Policy which is incorporated herein by reference and forms an integral part of these Terms of Use. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide to us, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully.

Processing of Personal Data and Use of Data +

The Privacy Policy is deemed modified with regard to the Processing of Personal Data as provided in this section. Pantone acts as a data processor with respect to the collection, use, and other Processing of certain Personal Data about you as well as individuals with whom you share Your Content under these Terms of Use. You acknowledge and agree that Pantone may collect, use, and otherwise Process the following Personal Data elements about you in connection with your creation of a Pantone account: contact information (email, first and last name and address) and if you elect to share Your Content with others, then also the following Personal Data elements about your recipients: email address. You acknowledge and agree that Pantone may collect, use, and otherwise Process the Personal Data for the performance and the administration of these Terms of Use and for the performance of the Services under these Terms of Use. You also acknowledge and agree that Pantone may collect, use, and otherwise Process the

Personal Data for the following purposes: (i) login credentials to connect to and access the Application; (ii) to provide Application notifications and (iii) if you elect to share Your Content with others, then to deliver Your Content to your recipients. Pantone will take adequate security measures required under Applicable Data Protection Law with respect to the Personal Data. Pantone will ensure that persons authorized to Process the Personal Data are subject to appropriate confidentiality obligations. Pantone may disclose the Personal Data to governmental agencies, regulators, authorities, or courts to the extent required or permitted by Applicable Data Protection Law.

You acknowledge and agree that Pantone may disclose the Personal Data to third party service providers for all or some of the purposes stated above. Pantone will exercise appropriate due diligence in the selection of such third- party service providers and require appropriate contractual measures in order to safeguard the Personal Data (including the implementation of adequate technical and organizational security measures in compliance with Applicable Data Protection Law) and to ensure that they Process the Personal Data only as instructed by Pantone and for no other purposes. Additionally, Pantone is engaged on social media platforms, and you may voluntarily choose to access these platforms, or otherwise follow our activities online. We will only collect the information that you voluntarily provide to us on these platforms, and such information is generally limited to names, online identifiers, email addresses, and other contact information. Please do not post any sensitive personal information, or other information that is considered private or confidential, on our publicly available social media platforms. Additionally, we may offer the ability to sign into the Application via Facebook Connect, which will authenticate your identity and provide you the option to share certain personal information with us (e.g., name and e-mail address) to pre-populate forms and documents. For more information about Facebook Connect, please see Facebook's data policy. If you do not want data to be collected via Facebook Connect in order to sign onto the Application, please do not use the Facebook Connect function. Some of our social media platforms use cookie data and automated tracking tools in accordance with this Privacy Policy. We may also offer the ability to sign into the Application via single sign on (SSO) functionality from other platforms such as Google and Twitter. In all such cases, use of the SSO functionality shall be subject to the data privacy policies of the respective platform and you agree to the data privacy policies of such platform by using its SSO functionality.

You acknowledge and agree that Pantone or its third-party service providers may transfer Personal Data outside of the EU for the purpose of fulfilling Pantone's obligations to you under these Terms of Use. Pantone and its third- party service providers will implement appropriate safeguards for the transfer of the Personal Data in accordance with Applicable Data Protection Law, which may include executing appropriate contractual clauses based on and conforming to the EU model clauses.

To the extent you are an employer and Applicable Data Protection Law requires, Pantone will assist you by adequate technical and organizational measures in complying with your obligations to respond to your employees' requests for exercising their rights under Applicable Data Protection Law with respect to their Personal Data insofar as possible taking into account the nature of the Processing. To the extent required by Applicable Data Protection Law, Pantone will also assist you in complying with your other obligations under Applicable Data Protection Law taking into account the nature of the Processing and the information available to Pantone.

Unless Applicable Data Protection Law requires longer storage of the Personal Data. Pantone will retain the Personal Data no longer than is necessary to carry out the purposes listed above, and at your choice, Pantone will delete or return the Personal Data to you within 30 days after the termination of these Terms of Use and delete existing copies.

To the extent required by Applicable Data Protection Law, Pantone will make available to you the information necessary to demonstrate compliance with this section and allow for and contribute to audits conducted by you or another auditor mandated by you and approved by Pantone upon at least 30 days prior written notice and subject to appropriate confidentiality obligations. You will bear all costs and expenses incurred by Pantone in connection with such audit.

You grant Pantone a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use the Processed Data in any manner including diagnosis of errors, determination of trends, research, development and the provision of services to you and others, (ii) prepare and distribute reports and analyses of Processed Data, (iii) distribute and disclose Processed Data and (iv) grant third parties the rights to use and analyze such data.

As used in this section, the following terms shall have the following meanings:

”Applicable Data Protection Law” means all applicable laws and regulations relating to the privacy, confidentiality, security or protection of Personal Data, including, without limitation, the European Union General Data Protection Regulation.

”Processed Data” means all information that is collected by Pantone, or to which Pantone has access that relates to your use of the Application. Processed Data includes, but is not limited to, the results generated through the use of the Application. The Processed Data will be masked or aggregated so that you are not identified as the original provider of the data.

”Personal Data” means any information provided by you to Pantone or otherwise Processed by Pantone on behalf of you that identifies, either alone or in combination with other information, an individual or from which identification or contact information of an individual can be derived.

”Process, Processing, and Processed” means any operation or set of operations that is performed upon Personal Data or Processed Data, whether or not by automatic means, including, but not limited to, collection, recording, organization, storage, access, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, making available, alignment, combination, blocking, deletion, erasure, or destruction.

Ownership of Application +

The Application encompasses the intellectual property of, and is owned by, Pantone. The Application, including its programming, design and operation, and all materials, including illustrations, photographs, products, images, artwork, designs, text graphics, logos, button icons, images, audio clips and software (collectively, the ”Application Content”) appearing on this Application are owned or controlled by Pantone and are protected by worldwide intellectual property laws. The Application Content, and the Application as a whole, are intended solely for personal, noncommercial use by the users of this Application. You may not download any Application Content, or otherwise modify, obscure, or delete any copyright or other propriety notices on this Application. No right, title or interest in the Application or any Application Content is transferred to you from your use of this Application. Except as expressly permitted by the functionality of this Application, you may not reproduce, publish, transmit, distribute, display, modify, or create derivative works from the Application Content, and you may not sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Application Content, this Application, or any related software. Further, we prohibit crawling, scraping, caching or otherwise accessing any content on the Application via automated means, including but not limited to, prices and images (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent). Pantone does not grant you any ownership interest in the Application and/or the intellectual property embodied therein. Except as expressly stated herein, Pantone does not grant you any right or license to the intellectual property associated with or embodied in the Application. All rights not expressly granted are reserved by Pantone.

Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any image or trademark displayed in the Application without the written permission of Pantone or such third party owner of images and trademarks displayed by the Application. Except as expressly stated herein, your use of the images and trademarks displayed by the Application, or any other content associated with the Application, is strictly prohibited.

Grant of Rights/Limited License +

Pursuant to these Terms of Use, Pantone grants to you a limited, non-exclusive, non-transferable, revocable right to install and/or access and use the Application for your personal, non-commercial purposes. This right and license is conditioned on your continued compliance with these Terms of Use.

To the extent that you are using the Application from a mobile device, you may only use the Application on a mobile device that you own or control and in accordance with any terms and conditions of the application store from which you may have acquired/downloaded the Application. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Application and, if you seek to sell or otherwise transfer a mobile device on which the Application is installed, you must remove the Application from such mobile device before completing such sale or transfer.

Your Content +

You retain all rights and ownership of Your Content (as hereinafter defined).

By posting Your Content to the Application, you grant Pantone an unrestricted, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid, worldwide, license to host, use, store, copy, reproduce, publicly display, distribute, transmit, modify, publicly perform, adapt and translate any excerpt (in whole or part) information or content that you generate or transmit using the Application, including without limitation, data, images, information, communications, questions, comments or suggestions (collectively ”Your Content”) as needed to operate and improve the Application as well as for Pantone and its affiliates' lawful business use. This right and license also allows us to make Your Content available to third parties, and allows us and third parties to use Your Content to provide you with customized services.

Some Services in the Application may provide features that allow you to share Your Content with other users or to make it public. To ‘share' means to email, post, transmit, upload, or otherwise make available (whether to Pantone or other users) through your use of the Application. Other users may use, copy, modify, or re-share Your Content in many ways including but not limited to various social media platforms integrated with the Application. Please consider carefully what you choose to share or make public as you are entirely responsible for Your Content. Pantone does not monitor or control what others do with Your Content. You are responsible for determining and notifying other users of the limitations that are placed on Your Content and for applying the appropriate level of access to Your Content.

We neither endorse nor assume any liability for the contents of any user, generated content or materials transmitted by users of the Application. We generally do not pre-screen, monitor or edit user-generated content that may be available on or through the Application. We reserve the right in our judgment and at our sole discretion, however, to (a) edit, redact, or otherwise change Your Content; (2) to re-categorize Your Content to place it in more appropriate locations on the Application; and (3) to pre-screen or delete Your Content at any time and for any reason, without notice. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of Your Content.

You acknowledge and agree that Pantone has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through the Application. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION AND/OR YOUR CONTENT PUBLICLY AVAILABLE THROUGH THE APPLICATION, YOU DO SO AT YOUR OWN RISK.

By submitting Your Content you represent and warrant that (a) you are eighteen (18) years of age or older; (b) you own or otherwise control the rights to Your Content and any and all elements thereof; (c) that you have the rights from any and all third parties appearing in Your Content to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of Your Content submission; (d) Your Content does not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations; (e) Your Content does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of ”spam;” and (f) Your Content is not unlawful, defamatory, libelous, obscene, harassing, tortious, threatening, violent, politically-sensitive, vulgar, profane, or otherwise offensive.

Feedback +

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information that you provide to Pantone regarding the Application (”Feedback”) is non-confidential and shall become the sole intellectual property of Pantone. Pantone shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original to you or that you have the right to submit such Feedback.

Mobile Application License +

Use License

If you access the Application via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application; (5) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (8) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application.

Apple and Android Devices

The following additional terms apply when you obtain, access and use the Application from the Apple Store, Google Play or another application distributor (each an ”Application Distributor”): (1) the license granted to you under these Terms of Use is limited to a non-transferable license to use the Application on a device that utilizes the applicable Application Distributor's operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Application Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the Application as specified in the terms and conditions of this Application license contained in these Terms of Use, if any, or as otherwise required under applicable law, and you acknowledge that each Application Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (3) in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable Application Distributor, and the Application Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, the Application Distributor will have no other warranty obligation whatsoever with respect to the Application; (4) you represent and warrant that (i) you are not 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with any other applicable third-party terms of use or agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application; and (6) you acknowledge and agree that the Application Distributors are third-party beneficiaries of the terms and conditions in this Application license contained in these Terms of Use, and that each Application Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Application license contained in these Terms of Use against you as a third-party beneficiary thereof.

PANTONE® Color Libraries +

As part of the Services (whether ‘free' or ‘paid'), Pantone may provide you with access to certain PANTONE Color Libraries for use in connection with the Services. You hereby acknowledge and agree (in addition to all other terms and conditions elsewhere in the Terms of Use) that:

§ The PANTONE Color Libraries and any component thereof, including without limitation, each Pantone Color Name and/or Color Number therein are the sole and exclusive intellectual property of Pantone and are licensed to you as set forth herein, not sold.

§ Your use of the PANTONE Color Libraries is allowed strictly in conjunction with the Application and/or devices expressly authorized by Pantone though the Application and not with any other application or devices.

§ You expressly agree not to make copies of the PANTONE Color Libraries onto another medium or into

memory or share any part thereof unless as part of the execution and use of the Services.

§ PANTONE Colors displayed in this Application may not match PANTONE-identified standards. Consult current PANTONE Color publications for accurate color.

PANTONE® and other Pantone trademarks are the property of Pantone LLC in the United States and/or other countries. Pantone LLC is a wholly owned subsidiary of X-Rite, Incorporated. © Pantone LLC and X-Rite, Incorporated, 2020. All rights reserved.

Your Account +

You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Please notify us immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information with anyone except with an authorized account administrator or (b) use another person's account. Your account administrator may use your account information to manage your use and access to the Application. If You purchased a multi-seat license, You represent and warrant that You will not, at any time, use more seats than the number of seats purchased without purchasing additional seats.

Restrictions on Use +

You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Application, you agree not to:

§ Interfere or attempt to interfere in any manner with the functionality or proper working order of the Application, or with another individual's use of the Application (including without limitation by stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);

§ Access or use the Application or your account to breach security of another account or attempt to gain unauthorized access to another network or server;

§ Enable or allow others to use the Application or content using your account information;

§ Copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works based, in whole or in part, on the Application, any updates, or any part thereof, or exploit the Application or any portion of the Application for your own commercial purposes;

§ Access, tamper with, or use non-public areas of the Application, our computer systems, or the technical delivery systems of our providers;

§ Access or search (or attempt to access or search) the Application by any means (automated or otherwise) other than through currently available, published interfaces that are provided by Pantone;

§ Scrape the Application or scrape content from the Application, without the express prior consent of Pantone;

§ Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Application to send altered, deceptive or false source-identifying information;

§ Interfere with or disrupt (or attempt to interfere with or disrupt) access to the Application of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Application, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Application;

§ Upload, share, distribute or otherwise transmit any material that contains viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, limit or interfere with the functionality of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party;

§ Upload, share, reproduce, distribute or transmit any content, information or material that is protected by copyright or any other intellectual property right without permission of the owner of such rights;

§ Make use of the Application including without limitation by uploading or sharing content that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.

§ impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

§ engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;

§ place advertisement of any products or services in the Application except with X-Rite's prior written approval; or

§ use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application.

We reserve the right to enforce, or not enforce, these restrictions in our sole discretion, and these restrictions do not create a duty or contractual obligation for us to act in any particular manner. We reserve the right to terminate your account without prior notice to you, at any time and at our sole discretion, for violating any of the above terms. You acknowledge that we will cooperate with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Third Party Applications and Information +

The Application may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk, and we disclaim all liability arising from your use of any third party websites and applications.

Fees and Payments +

You may download and/or install, access and use the basic or ”free” version of the Application for no charge from the Pantone website, Apple Store; Google Play store or Adobe® Extension Marketplace, as applicable. You may access and use the ”free” version of the Services after you sign up and create a Pantone user account which will require you to provide your email and to create a user name and password. Additionally, certain premium features of the Services are available on a subscription basis only (the ”Premium Services”). In order to access and use such Premium Services you must upgrade and pay the subscription charges.

Pantone currently offers the Premium Services, (as a single-seat or a multi-seat license) on a monthly or annual subscription basis to be paid in full as of the start of the term. When you initially subscribe for the Premium Services (as a single-seat or a multi-seat license), you will have to select either the monthly or the annual subscription and pay the subscription fees for the period selected. Only if you purchased a single-seat license the first 30-days of your subscription will be considered a free-of-charge trial period (the ”Trial Period”) and you can cancel your subscription at any time during such Trial Period through the functionality of the Application, by emailing Pantone at Support@pantone.com, or through our third party payment processor. If you have not so cancelled the by the end of the Trial Period your subscription will continue as is for the full term you selected. The Trial Period doers not apply to multi-seat license purchases.

In most regions, Premium Service subscriptions are subject to automatic renewal for consecutive renewal terms of the same duration (e.g., a month or a year) as your initial subscription. In such jurisdictions, you may avoid a renewal term (and with respect to multi-seat licenses also be able to reduce the number of seats) by notifying Pantone of your desire to terminate your subscription (and with respect to multi-seat licenses also reduce the number of seats) at any time prior to the renewal date through the functionality of the Application, by emailing Pantone at Support@pantone.com, or through our third party payment processor. Termination of your subscription (and with respect to multi-seat licenses also reduction of the number of seats) will in all cases be effective as of the end of the then current term such that in no cases will subscription fees be refunded, unless and to the extent otherwise mandated by applicable mandatory law.

In order to subscribe to Premium Services for use through the Application (”In-App Subscription”), you will be required to provide certain information including your credit card number, billing address and any related payment information (collectively, ”Payment Information”). Pantone currently uses a third party payment processor (Fastspring) to facilitate payment of an In-App Subscriptions. Any Payment Information that you provide will be delivered directly to, and is governed by the terms and conditions (including the privacy policy) of, our third party payment processor. Pantone does not have access to Your Payment Information. By submitting Payment Information via the Application, you warrant that you have the legal right to use any such credit card or other

payment mechanism that you provide to facilitate the transaction and that you agree to the terms and conditions and privacy policy of the third party payment processor. All automatic subscription renewals will be charged by our third party payment processor to the same credit card used to place your initial subscription at the then-current rates for the Premium Services. For accounts that are subject to automatic renewal, you consent to the automatic debit of your credit card in the amount of the then current subscription fees for your type of subscription. We reserve the right to suspend access to the Premium Services if our third party payment processor is unable to process your renewal subscription fees and no other form of payment is provided.

Finally, the Application may also allow you to purchase additional services and products directly through the Apple Store or Google Play store (”In-App Purchases”). In App Purchase Terms are available at https://www.apple.com/legal/internet-services/itunes/us/terms.html#APPLICATIONS and https://play.google.com/intl/en-us_us/about/play-terms/index.html, respectively.

You are responsible for paying all taxes levied in connection with your use of the Services. Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, credit card fees, foreign exchange fees, etc.) which are solely your responsibility.

Term and Termination +

The Terms will continue to apply until terminated by either you or Pantone as set forth below.

If you use the free or basic version of the Application, you may terminate these Terms of Use at any time and for any reason by terminating your account in writing to Pantone or by discontinuing your use of the Application. If you subscribe to the Premium Services, you may terminate your subscription to the Premium Services as set forth in the Fees and Payments section. Pantone's license to Your Content will remain in force even after termination of your account.

If you use the Application on a free or basic subscription basis, Pantone may suspend or terminate your access to the Application or cease providing you with all or part of the Services at any time for any reason, without notice or liability to you. For subscribers to the Premium Services, Pantone may suspend or terminate your access to the Application or cease providing you with all or part of the Services upon notice to you if we reasonably believe that (i) you have violated any of these Terms of You, or (ii) your use creates risk of possible legal exposure or poses a danger to Pantone or other users. In such cases, Pantone shall have no liability to return any subscription fees paid by you.

If we terminate or suspend your account for cause, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Disclaimer of Warranties +

THIS APPLICATION AND ALL SERVICES ARE PROVIDED ON AN ”AS IS” AND ”AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE APPLICATION WILL BE UNDERTAKEN AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR (MOBILE) DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANTONE OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY REGARDING THE APPLICATION NOT EXPRESSLY STATED IN THIS AGREEMENT.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS APPLICATION, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION OBTAINED FROM A THIRD PARTY ON OR THROUGH THIS APPLICATION IS PROVIDED SOLELY BY SUCH THIRD PARTY.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability +

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANTONE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS OR GOODWILL OR OTHER INTANGIBLE LOSSES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS APPLICATION. YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF USE AND YOUR USE OF THIS APPLICATION SHALL BE LIMITED TO THE AMOUNT YOU PAID TO US FOR THE APPLICATION AND ASSOCIATED SERVICES DURING THE SIX (6) MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY OR, IF NO AMOUNTS WERE PAID TO US, THEN ONE HUNDRED DOLLARS ($100.00).

Indemnification +

You agree to defend, indemnify, and hold us harmless from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content or links, (ii) your use of or reliance on any Application Content, (iii) your breach of these Terms of Use, or (iv) Your Content. We will provide notice to you promptly of any such claim, suit, or proceeding.

Governing Law and Jurisdiction +

The laws of the State of Michigan will govern these Terms of Use and any actions related to the use of the Application and Services (without regard to its conflict of law provisions). Unless a dispute would be governed by an applicable arbitration clause, all claims, legal proceedings or litigation arising in connection with the Application will be brought solely in the Superior Court of Kent County, Michigan, and the United States District Court for the Western District of Michigan. You consent and hereby submit to the exclusive personal jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

Export Controls +

Software available on or through this Application may be subject to United States Export Controls. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. By downloading or using the Application and related software, you represent and warrant that you are not located in, under the control of, or a national or resident of any 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Entire Agreement + These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Pantone with respect to your access to and use of the Application, and supersedes any prior or contemporaneous agreements and communications.

Waiver and Severability +

If any provision of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Digital Millennium Copyright Act (DMCA) Notice and Policy +

We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify our designated Copyright Agent using the contact information provided below (a ”Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Application; (iv) your address, telephone number, and email address; (v) your written statement that you have a good faith belief that the arguable use is not authorized by the copyright owner, its agent, or the law; (vi) your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be contacted at: Copyright Agent, X-Rite/Pantone, 590 Commerce Boulevard, Carlstadt NJ 07072 USA; Fax: (201) 896-0242; Attn: Copyright Agent; and email: copyrightagent@pantone.com.

Questions and Contact

The Application is provided to you by X-Rite, Inc.. If you have any questions or comments regarding the Application or these Terms of Use, please contact us.

Address: Pantone LLC

590 Commerce Boulevard

Carlstadt, NJ 07072

Contact: http://www.xrite.com/top_contact.asp