End User Licensing Agreement (EULA) for Dulux Connect Software

Dulux Connect is a proprietary mobile software application operated and owned by AkzoNobel. Dulux Connect is for the registered Dulux Painters which will give the painters access to the accumulated loyalty points and purchases they have made from Dulux dealers. Dulux Connect enables the user to perform multiple functions that are related to their operations.

TERMS AND CONDITIONS USE OF THIS MOBILE APPLICATION

This EULA is a legal agreement between You (either as an individual person or a single legal entity who will be referred to in this EULA as 'You') and AkzoNobel (referred to in this EULA as the 'AkzoNobel') for use of AkzoNobel’s software technology that displays this EULA, including any associated media, printed material and electronic documentation (referred to in this EULA as the 'Software'). The Software also includes any Software upgrades, add-on components, web services and/or supplements that AkzoNobel may provide to You or make available to you after the date you obtain your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, copy, download or otherwise use the Software.

Upon completion of the process of downloading the Software on your mobile phone you are given a limited, non- exclusive, non-transferable, non-assignable, non- sub licensable and revocable license to use the Software on your mobile phone. You shall use the Software on your mobile phone at your own risk and agree not to blame AkzoNobel for any malfunction/s developed on your phone subsequently. The Software is designed to work on an Android ® powered or Apple IOS ® Smart Phone.

The latest versions of the Software - Android 4.4 (kitkat-api level 19) or Apple IOS 12 or higher, are required to function properly. The Software is expected to function properly within the scope of the Android technology in popular international phone models and makes. However, the Software may not get installed or function properly in phones which are either unbranded or locked by the service provider. The System parameter ‘Unknown Sources’ must be enabled for the Smart Phone to accept this Software from outside the Android or IOS market. The Software requires a valid SIM Card. Speed of operation will depend on various external parameters such as the mobile phone specifications, the signal strength and the network traffic at any point of time. The Software uses limited local memory for storing important information.

PROPRIETARY RIGHTS

All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software) the accompanying printed materials and any copies of the Software are owned by the AkzoNobel and/or its affiliates. All title and intellectual property rights in and to the content that is not contained in the

Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright and/or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If the Software contains documentation that is provided only in electronic form You may print one copy of such electronic documentation. You may not copy the printed material accompanying the Software. All rights not specifically granted under the EULA are reserved by AkzoNobel.

TRADE MARKS: This EULA does not grant You any rights in connection with any trademarks or service marks of AkzoNobel used in this Software.

You as an end user of the Software are not permitted to alter, obscure or remove any copyright, trademark or other notice on the Software. The Software is licensed, not sold, and permits You to use the Software and databases contained within for the display of room sets and exteriors in order to assist customers in the selection of colours, patterns and designs and for keeping a track of Your accumulated loyalty points with AkzoNobel.

No full or partial copy or substantial extraction or re-utilisation may be made or retained and no substantial extraction or re-utilisation may be undertaken other than for the purposes of specifying AkzoNobel’s products unless the express prior written permission of AkzoNobel has been obtained. It is a condition of the lease that any copy, partial copy, extraction or re-utilisation or other material made incidentally to any lawful or authorised use must be returned, surrendered or at AkzoNobel’s option irrecoverably deleted.

Except only as such activity is expressly permitted by applicable law, You may not reverse engineer, disassemble, decompile, translate or modify the Software, copy or attempt to circumvent the hardlock or the effect of any time or usage limitation in the Software or any database supplied for se with it.

You as an end user of the Software agree to comply with all local laws, rules and regulations  regarding the download, installation and/or use of this Software.

CHANGES TO THIS MOBILE PROCESSING SOFTWARE

AkzoNobel reserves the right to:

(i) Change, add, modify or remove any information and materials on the Software in any manner and at any time without any information to You, and / or

(ii) Suspend, limit, restrict and/or deny access to any aspect or component or part of the Software at any time for any reason, including, without limitation, for any scheduled or unscheduled maintenance, upgrades, improvements or corrections or without giving any prior intimation to the end customers using the Software or to the participating Contractors/merchants or any other entity related or not related to AkzoNobel. You as an end user of the Software authorize AkzoNobel to engage with you through notifications and/or SMS or E-mail and shall not hold AkzoNobel or any of its subsidiaries, office bearers or any director, officer or employee liable for violation of your privacy even if you have registered your mobile number with the national-do-not-call (NDNC) registry in your country or elsewhere. By keeping or using the service after notification, you are deemed to have agreed to the amendment/change. If you as an end user of the Software do not agree with any amendment incorporated in the terms and conditions you may cancel the service by removing the software from your mobile phone.

WARRANTIES AND LIMITATION OF LIABILITY

AkzoNobel provides all services relating to the Software on an 'as is' and 'as available' basis; and does not warrant or guarantee that any service made available by any participating merchant and availed by you as an end user of the Software:

* Is Free of errors or interruptions

* Will conform with your requirements

* Will be made available to you with the committed service and / or product delivery timelines and as per the expected quality

* Will always be available and reliable

* Meet your requirements in terms of quality, performance, delivery, pricing etc.

The Licensor makes no warranty and expressly excludes all warranties in respect of the contents of any database supplied by third parties.

The end user must satisfy himself about the correctness of the numbers registered/entered. AkzoNobel is not responsible for the registration or entry of invalid or incorrect numbers. AkzoNobel shall not be held responsible for not addressing and/ or not resolving any such disputes in any manner whatsoever. In case of loss / theft / destruction of your mobile phone, you as the end user the Software must deactivate the Mobile / SIM card by contacting your service provider.

AkzoNobel does not take any liability including financial liability arising out of any subsequent unauthorized use of the Software through any handset. AkzoNobel does not take any liability  including financial liability arising out of any subsequent unauthorized use of the Software. You as an end user of the Software will be fully liable for: (a) Prevention of unauthorized use of the the Software; and/or (b) Ensuring that all transactions are initiated as well as completed in a completely safe and secure manner. In case of any technical problem with the Software, AkzoNobel will make its best endeavor to resolve the problem within shortest possible time and shall not be held responsible for any technical failure or malfunctioning of the software/ hardware components of the Software or your mobile phone or delays of any kind. Neither AkzoNobel nor any of its subsidiaries, group companies nor any director, officer or employee of the foregoing shall be liable or have any

responsibility towards you as an end customer or as a participating merchant availing the services of the Software for any loss, damage, expense, claim or liability arising directly or indirectly out of any defect or deficiency in any goods and services purchased and or sold by you or availed as a benefit, privilege or facility attached to the service; refusal by or inability of a merchant establishment to honor or accept the service; handing over of the relevant access control/password/PIN by end customer to any unauthorized person; any injury to the credit, character and reputation of yours alleged to have been caused by the repossession of the service and/or request for its return. Without limiting any of the foregoing, in no event will AkzoNobel or any of its subsidiaries or any director, officer or employee of the foregoing be liable for any consequential, special, punitive, incidental, indirect or similar damages arising from, related to or connected with your use of the Software, advised of the possibility of such damages.

DISCLAIMER

a) You shall ensure that the following disclaimer is brought clearly to the attention of Your customers and potential customers:

b) You understand and agree that the final rewards given by AkzoNobel to You for the loyalty points will be based on the points calculated by AkzoNobel with reference to their database. AkzoNobel will not be responsible for any discrepancy in the reflection of points in the Software, the same is only an indication to You of the points. You shall get points and benefits verified by AkzoNobel. The decision of theCompany in this regard shall be final.

LEGAL RESTRICTIONS

The Software shall not be used by any person or entity in any jurisdiction where the direction or use of such information and materials is prohibited or would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organization.

LICENSING FEES and SERVICE CHARGES

The usage of the Software provided by AkzoNobel under this EULA is offered as part of the Dulux Connect Software for the end user. AkzoNobel however reserves its right to modify this condition and/or introduce service charges in future with prior intimation and the return confirmation from the end customer.

INDEMNITY

You as an end user of the Software and / or as a participating merchant agree to indemnify, defend and hold harmless AkzoNobel, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys\'fees, resulting from any violation of this EULA (including negligent or wrongful conduct) by you or any other person accessing the Software.

GOVERNING LAW

a) Any dispute between the parties relating to or arising out of this contract or in connection therewith, which cannot be settled amicably within 30 (thirty) days (or such extended period which the parties may mutually agree to in writing) after receipt by one party of the other party’s request for such amicable settlement, shall be referred to arbitration by a sole arbitrator who shall be appointed by the Managing Director of Akzo Nobel Paints (Thailand) Limited, (including any vacancy

caused by incapacity / refusal communicated by the Arbitrator or any other reason whatsoever).  Such arbitrator shall be independent, impartial and shall not have any connection with or have had any connection with either party save and except for the purpose of arbitration.

b) The seat and venue of the arbitration shall be Bangkok, Thailand. The venue of arbitration may be changed by the arbitrator as per his convenience or as per the convenience of the parties.

c) The arbitration shall be conducted as per the provision of the Arbitration Act, No.1 BE 2545 & No.2 BE 2562 and The Dispute Resolution Act, BE 2562 or any statutory modification or re-enactment thereof.

d) The arbitration proceedings shall be conducted in the English language.

e) Notwithstanding the above, the courts of law at Bangkok, Thailand alone shall have jurisdiction for the purpose of any legal proceedings.

f) The arbitration award shall be final and binding upon the Parties.

g) Each Party shall bear the cost of preparing and presenting its case and the cost of arbitration including fees and expenses of arbitrators shall be shared equally by the parties unless the arbitration award otherwise provides.

h) It is further agreed between the Parties hereto that the Parties and the arbitrator shall endeavour to complete the arbitration proceedings within a period of 6 (six) calendar months from the date of reference. Provided that, the said time-limit can be extended by the mutual consent of both parties, failing which, the arbitrator in its sole discretion may extend the time-limit for sufficient cause. The Parties agree that expeditious and speedy conclusion of the dispute resolution proceedings is paramount and the Parties shall make all endeavours towards this end.