PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #AGREE TO DAP GLOBAL INC., YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

In Summary:

• You will continue to own all of your Content. • You are allowing DAP Global Inc. (“DAP”) to use your Content on its websites, emails, and social media accounts, including for promotional purposes. • You are allowing DAP to use your name and image and other biographical material in conjunction with the Content. • You are representing that you have all the necessary rights from third parties for your Content and nothing in the Content is inappropriate or defamatory. • You are releasing DAP and its parent company, RPM International Inc. and its affiliated companies, from any liability and you promise not to sue DAP or RPM International Inc. or any of its affiliated companies for any claims arising from or related to the use of the Content as described. The preceding bulleted summary does not replace, amend or modify the terms and conditions of the License Agreement.

Terms and Conditions BY ALLOWING US TO USE, POST, OR MAKE AVAILABLE CONTENT, YOU EXPRESSLY AGREE TO BE BOUND BY, AND STRICTLY ADHERE TO, ALL OF THE TERMS SET FORTH HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.

You represent and warrant that you (a) are at least 18 years old; (b) own and control all rights, title and interest in and to the Content you license or that you otherwise have all rights, permissions and consents necessary to post and use such Content (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); (c) have all rights necessary to provide DAP Global Inc. and its affiliates, agents, representatives, licensees and assigns (“us”, “we” or “our”) with the license and rights set forth below; and (d) have complied with all applicable laws and regulations associated with acquiring, creating and/or producing the Content.

For the purposes of this License Agreement, “Content” means photographs, text, video, graphics, moving images, sound, illustrations or any other materials (including any associated metadata or location information) contained within or made part of a post or other digital entry created by you and used by us. For purposes of clarification, Content also includes any profile information you allow us to access from third party social media platforms (including but not limited to Instagram, YouTube, Twitter, Pinterest, LinkedIn, and Facebook) in accordance with the authorization procedures determined by the platform. Term and Termination. The term of this Agreement (the “Term”) shall commence when you respond with #Agree and shall continue until and unless otherwise terminated in accordance with this License Agreement. We may terminate this Agreement at any time for any reason, or no reason, without notice to you. You may terminate this Agreement by providing us thirty (30) days advanced written notice of termination to Social@dap.com.
License: You hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display and/or link to the Content, in whole or in part, on any of our social media accounts, on or in any digital platforms we choose (including websites, apps and e-mail), and on third-party websites for any purpose, including for promotional and publicity purposes. Nothing in this License Agreement requires us to use or publish your Content in any specific way or on a specific platform, or to use or publish your Content at all. Consideration: You understand that you will not receive monetary compensation for the licensing of your Content as described in this License Agreement. Your sole and exclusive consideration in exchange for the use of the Content is the potential media exposure or increased traffic to your accounts which you may achieve or experience through the Content being featured on our website or social media channels. We make no guarantees or warranties with respect to such exposure or traffic. Each party will bear its own expenses associated with this License Agreement. Warranties and Representations: You agree that the Content does not: (i) infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another; (ii) include material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (iii) display, describe or encourage the use of a product or service that could be offensive, inappropriate or harmful to us or any other person or depicts the use of a product in a manner that is contrary to any instruction or warnings relating to the product; (iv) infringe upon or violate the publicity, privacy or data protection rights of others; or (v) make or include false or misleading statements, claims or depictions about a person, company, product or service. Indemnity. You shall indemnify, defend, and hold harmless DAP, its parent, affiliates, employees, officers, directors and agents with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that it is based upon a claim that, if true, would constitute a breach of any of your representations, warranties, or agreements hereunder. To the fullest extent allowed by law, you agree to release, discharge and indemnify us or any other person acting under our permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys’ fees), by virtue of any publication or use of the Content or the name, image, likeness, persona or other information you provide in connection with such Content. You further agree to waive any rights to injunctive relief you may have in connection with this License Agreement and any rights to seek incidental, consequential, indirect, special or punitive damages, including lost profits, arising from any transaction, submission of Content or use of Content by us. Arbitration. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION.
Governing Law. This License Agreement will be governed by applicable federal law and the laws of the State of Delaware, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of our rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use). Entire Agreement. These Terms and Conditions shall constitute the entire agreement between you and us regarding the Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If a court finds any provision of this License Agreement to be unreasonable or unenforceable in any respect, you agree that this License Agreement will nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable.