PIP360 SOFTWARE END USER LICENSE AGREEMENT

This PIP360 Software End User License Agreement (the “Agreement”) is effective immediately for corporate users accessing or using the PACKAGING INNOVATION PATHWAY TO CIRCULARITY (“PIP360”) Tool and Analytic Database Mobile Application Software (collectively, the “PIP360 Software”) with or without a registered Account. Do not access or use the PIP360 Software if you (on behalf of your Company) are unwilling or unable to be bound by this Agreement.

This Agreement governs your Company’s access to and use of our products and services, including those offered through the PIP360 Software, our websites, events, communications (e.g., emails, phone calls, and texts) and mobile software applications (collectively, the “Service”).

You must be the age of majority in your place of residence or older to use the Service on behalf of your Company. You must have the requisite authority and authorization of your Company to use this Service, as discussed herein. Please note that for the purposes of this Agreement, “you” and “your” connotes both you in your personal capacity and your Company in its corporate capacity.

Please note that your access to the PIP360 Software is immediately terminated should you no longer be employed by your Company, effective immediately following any such termination or change of employment, for any reason, without limitation.

By accessing or using the PIP360 Software and/or the Service, you and your Company are collectively agreeing to the terms of this Agreement, which form a legally binding contract with the PAC Packaging Consortium having its office located at 600-15 Allstate Parkway, Markham, Ontario, L3R 5B4 (“PAC”).

Modification of Terms: PAC may modify the terms of this Agreement at any time. You understand and agree that your access to or use of the Service is governed by this Agreement effective at the time of your access to or use of the Service. If PAC makes material changes to this Agreement, PAC will notify you by email, by posting notice on the PIP360 Software, and/or by other methods as the case may be. PAC will also indicate at the top of this page the date that such changes were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use the Service after the effective date of changes to this agreement represents your acceptance of such changes.

Translation: In the event of any discrepancy or inconsistency between the English version this Agreement and disclosures or other statements contained in any Service-related materials, including, but not limited to: the website, the PIP360 Software or the French version of this Agreement, and/or television, print or online advertising; the terms and conditions of the English version of the Agreement shall prevail, govern and control to the fullest extent permitted by law.

Access and Use: To access or use the Service, you must have the requisite power and authority from your Company to enter into this Agreement. Further, you may not access or use the Service if you have been previously banned from the Service, closed your Account or your employment with your Company is terminated.

Permission to Use the Service: You are granted permission to use the Service subject to this Agreement. Your use of the Service is at your own risk.

Service Availability: The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Accounts: You must create an account (“Account”) and provide certain information about yourself, your Company and your Company’s business activities and packaging information (collectively “Your Information”) in order to use some of the features that are offered through the Service. For clarity, Your Information includes but is not limited to Contact Information (including but not limited to your email address) and Package Information (including but not limited to package dimensions, package materials, package dimensions, package retail cost, packaging manufacturing costs).

Confidentiality of Password: You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify PAC immediately of any unauthorized use of your Account. PAC reserves the right to close your Account at any time for any or no reason.

Account is for your Company’s Use: Your Account is for your Company’s internal non-commercial use only, and you may not create or use an Account for or on behalf of anyone other than your Company. PAC asks that you provide complete and accurate information about your Company when creating an Account in order to assist with the accuracy and effectiveness of the Service. You may not impersonate someone else or any other business, provide an email address other than your own corporate email address, create multiple accounts, or transfer your Account to another person or company without our prior approval.

Communications from PAC: By accessing or using the Service, you consent to receive communications from PAC through the Service, or through any other means such as emails to your email address, push notifications, text messages (including SMS and MMS), and phone calls. These communications may be initiated by PAC. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify PAC immediately if the phone number(s) you have provided to PAC have been changed or disconnected. Please note that any communications, including phone calls, with PAC or made through the Service may be monitored and recorded for quality purposes.

Responsibility for Your Information: You alone are responsible for Your Information, and once provided to PAC, it will not be able to be withdrawn. You assume all risks associated with Your Information, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with the information you provide. For clarity, PAC makes no warranty, legal representation or takes on any other legal obligation with respect to the accuracy or completeness of Your Information

Liability: You may expose yourself to liability if, for example, Your Information contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates this Agreement.

Confidentiality of Your Information: PAC warrants that should any of Your Information (including but not limited to your Contact Information and your Package Information) be used as discussed herein, Your Information will be kept confidential. You further understand that your Information, including Contact Information and Package Information may be stored in servers that may be located in Canada or outside of Canada.

Ownership of Your Information: As between you and PAC, you own Your Information. PAC owns the PAC intellectual property, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of Your Information, computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Information.

Ownership of PAC Intellectual Property: PAC intellectual property includes, but is not limited to, the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with PAC, the Service and the Report as discussed below, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, communicate, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any such intellectual property in whole or in part except as expressly authorized by PAC. Except as expressly and unambiguously provided herein, PAC does not grant you any express or implied rights, and all rights in and to the Service and the Report are retained by PAC.

The Report: It is contemplated that the PIP360 Software and Service will use Your Information to develop a Report. Please note that the Report is based on Your Information as provided, and PAC makes no warranty, legal representation or takes on any other legal obligation with respect to the accuracy or completeness of Your Information or the resulting information in the Report or the Report itself.

The Report is a subjective work product developed by PAC using the PIP360 Software and the Service based on Your Information. As such, PAC makes no warranty, guarantee, judgment or professional opinion regarding Your Information or the resulting information in the Report of the Report itself.

The Report is for your Company’s non-commercial internal use and marketing and promotional use only. PAC expressly prohibits and does not authorize any copying, distribution, dissemination to any third parties or publication of the resulting information in the Report or the Report itself other than the promotional and marketing purposes of your Company, as defined herein.

For clarity, while your Company retains ownership of your information, PAC retains ownership (including any copyright or other intellectual property right, as the case may be) in the resulting information in the Report and Report itself.

REPRESENTATIONS AND WARRANTIES:

PAC is under no obligation to enforce this Agreement on your behalf against another user. While PAC encourages you to let PAC know if you believe another user has violated this Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.

You represent and warrant that:

i. You consent to having Your Information transferred to and processed in the United States of America, as required; and

ii. Any information submitted by you is correct and accurate to the best of your knowledge and abilities.

You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:

a) Violate this Agreement;

b) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

c) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

d) Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes;

e) Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service;

f) Solicit personal information from minors, or submit or transmit pornography;

g) Violate any applicable law;

h) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service (other than Your Information), except as expressly authorized by PAC;

i) Use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service, except as expressly permitted by PAC;

j) Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide PAC with 30 days’ prior written notice;

k) Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;

l) Record, process, or mine information about users;

m) Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;

n) Reformat or frame any portion of the Service or the Report;

o) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on PAC’s technology infrastructure or otherwise make excessive traffic demands of the Service;

p) Attempt to gain unauthorized access to the Service, accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;

q) Use the Service to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;

r) Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;

s) Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service; or

t) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of service content, or features that enforce limitations on the use of the Service.

ADDITIONAL POLICIES AND TERMS

Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that PAC may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, this Agreement.

INDEMNITY

You agree to indemnify, defend, and hold harmless PAC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “PAC Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to legal fees and court costs) arising out of or relating to:

(i) your access to or use of the Service, including Your Information;

(ii) your violation of this Agreement;

(iii) your breach of your representations and warranties provided under this Agreement;

(iv) any products or services purchased or obtained by you in connection with the Service;

(v) your products or services, or the marketing or provision thereof to end users; or

(vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

PAC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PAC and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of PAC. PAC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PAC ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

a) THE PIP360 SOFTWARE, SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE PAC ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE PAC ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, YOUR INFORMATION OR THE SERVICE CONTENT. ACCORDINGLY, THE PAC ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

b) THE PAC ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE PAC ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR INFORMATION, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

c) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

d) THE PAC ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE PAC ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii)$100.

e) THE PAC ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PAC ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY PAC BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

ARBITRATION, DISPUTES, AND CHOICE OF LAW

The parties agree that:

a) EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND PAC (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND PAC AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND PAC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

b) “Excluded Claims” means:

(a) Claims brought by you or PAC that could be brought in small claims court, if permitted by the rules of that court, or

(b) Claims related to intellectual property (like copyrights and trademarks), or a breach of the Representations and Warranties listed above.

Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration.

c) Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

d) Excluded Claims and Claims that cannot be arbitrated must be brought in court.

e) This Agreement, and all related matters, shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the Cities of Ottawa and Toronto in relation to all disputes arising from or related to this Agreement, and any related matters and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.

TERMINATION

You may terminate this Agreement at any time by closing your Account, discontinuing any access to or use of the Service, and providing PAC with a written notice of termination.

PAC may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Information, or any other related information.

GENERAL TERMS

a) PAC reserves the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

b) Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

c) This Agreement contains the entire agreement between you and PAC regarding the use of the Service, and supersede any prior agreement between you and PAC on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this agreement.

d) Any failure on PAC’s part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No term in this Agreement may be waived, except pursuant to a writing executed by PAC.

e) If any provision of this Agreement is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

f) This Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with PAC’s prior written consent, but may be assigned or transferred by PAC without restriction. Any attempted assignment by you shall violate this Agreement and be void.

g) You understand that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and PAC as a result of this Agreement or your use of the Service.

h) The section titles in this Agreement are for convenience only and have no legal or contractual effect.