This License Agreement (“Agreement”) governs use of the Product (defined below). This Agreement
limits and excludes warranties and remedies regarding the Product, exempts Mobify (defined below)
and other persons from liability or limits their liability, specifies the jurisdiction for
resolution of disputes, and contains other important provisions that you should read. Through your
license, you acknowledge and signify your acceptance and agreement, as the Licensee (defined below),
without limitation or qualification, to be bound by this Agreement, and you represent and warrant
that you have the legal authority to accept and agree to this Agreement. If Licensee does not agree
with each provision of this Agreement, or you are not authorized to agree to this Agreement on
behalf of Licensee, then neither you nor any other person on behalf of Licensee may use the Product.

This Agreement governs the relationship between the licensed user of the software product described
herein (“Licensee”) and Mobify Research and Development Inc. having a principle place of business at
3rd Floor, 948 Homer St. Vancouver BC, Canada, V6B 2W7 (“Mobify”). This Agreement witnesses that,
for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by
both parties, the parties hereby agree as follows:

1. The following are defined terms used in the Agreement: (i) “Fees” means all applicable licensing
fees for the use of the Product; (ii) “Product” means the software product licensed herein to the
Licensee for the sole purpose or running Licensee’s authorized website(s), application(s) and
server(s) pursuant to the terms and conditions as set of herein with respect to an authorized
limited trial or paid subscription to Mobify Cloud http://cloud.mobify.com; and (iii) “Proprietary
Information”  means the Product and related documentation, and all current and future product and
pricing information, business practices, maintenance procedures, services and support, method,
strategies, plans and information identified or reasonably identifiable as confidential and
proprietary.

2. Subject to the terms and conditions of this Agreement, Mobify grants to the Licensee a personal,
time-based, non-exclusive, nontransferable, non-sublicensable right to access and use the Product in
exchange for payment of the Fees. Except only for the limited right granted in the preceding
sentence, Mobify reserves title, ownership and all rights and interests, including intellectual
property rights and trade secrets, in the Product. Licensee will not directly or indirectly resell
or grant access to the Product and will not attempt to access, download, copy, decompile, revise,
engineer, modify, or derive source code or other elements of the Product, nor prepare translations
or derivative works based upon same, distribute, subscribe, rent, lease, sell or otherwise
commercially exploit the Product. Any other use of the Product by any other entity is forbidden and
a violation of this Agreement, including use of the Product by any of Licensee’s corporate
affiliates or subsidiaries.

3. The Product and all related intellectual property rights thereto are the sole and exclusive
property of Mobify. All right, title and interest in and to the Product, any modifications,
improvements, translations, or derivatives thereof, even if unauthorized, and all applicable rights
in patents, copyrights, trade secrets, trademarks and all intellectual property rights in the
Product remain exclusively with Mobify, including any modifications or improvements made thereto at
the suggestion of, or with input from, Licensee. The Product is valuable, proprietary, and unique,
and Licensee agrees to be bound by and observe the proprietary nature of the Product. All rights not
granted to Licensee in this Agreement are reserved to Mobify. No ownership of the Product passes to
Licensee. Mobify may make changes to the Product at any time without notice. Except as otherwise
expressly provided, Mobify grants no express or implied right under Mobify patents, copyrights,
trademarks, or other intellectual property rights.

4. Licensee warrants that it has inspected the Product and has found it satisfactory, adequate and
fit for its purpose and that Licensee’s use of the Product does not infringement any third party
agreement to which the Licensee is a party.  Mobify warrants that any Proprietary Information
provided by Mobify pursuant to this Agreement and the Product do not infringe, violate or
misappropriate the intellectual property rights of any third parties. Subject to preceding sentence,
the Product is provided to the Licensee without any warranty and Mobify hereby disclaims any
warranty that the Product shall be error free, without defects or code which may cause damage to
Licensee’s systems or to Licensee, and that the Product shall be functional. Licensee shall be
solely liable to any damage, defect or loss incurred as a result of operating the Product and
assumes all risks associated with using the Product. Further, Licensee acknowledges and agrees that
Mobify shall not in any way be responsible for any claim arising from, connected with or relating
to: (i) use of Product; (ii) use of the Product with any service, technology, software, hardware,
data or other materials, whether intended or not intended, to be used with the Product; (iii) a
wrongful act or omission by Licensee or any person for whom Licensee is responsible; and (iv) a
claim of infringement or misappropriation of intellectual property rights made by a person (commonly
known as a “patent troll”, a “patent assertion entity” or a “non-practicing entity”) who is not
actually using in practice the infringed or misappropriated intellectual property rights. Licensee
further acknowledges and agrees that Mobify is not responsible for the function of the Internet and
that Mobify disclaims any liability for deficiencies in performance caused by Internet latency,
downtime, etc.  Mobify does not warrant that access to the Product will be uninterrupted or
error-free.  Mobify shall not be liable for data system failure or damage to Licensee’s internal
system as a result of interaction between the Product and Licensee’s internal systems, unless the
failure or damage is clearly the result of a defect in the Product.  Mobify may, in its discretion,
change the functionality or operation of the Product from time to time without any notice or
liability to Licensee or any other person, provided that any change will not materially adversely
affect the functionality or operation of the     Product that is relevant to Licensee’s actual use
of the Product. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, OR AGREEMENTS RELATED TO THE SUBJECT MATTER HEREOF, THAT ARE NOT EXPRESSLY
PROVIDED FOR IN THIS AGREEMENT.

5. Licensee will defend Mobify against any claim, demand, suit or proceeding made or brought against
Mobify by a third party resulting from the use of the Product by Licensee, any material supplied by
Licensee to Mobify that infringes on the proprietary rights of a third party, or otherwise
constitutes a copyright infringement and any violation of any law arising out of or relating to use
of the Product and will indemnify Mobify from any damages, attorney fees and costs awarded against
Mobify. IN NO EVENT WILL SHALL MOBIFY HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, ANY LOST PROFITS,
REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN
ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF MOBIFY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT
PROHIBITED BY LAW.

6. This Agreement shall terminate (i) upon notice from Mobify; (ii) upon Licensee becoming the
subject of a voluntary or involuntary petition in bankruptcy or any voluntary or involuntary
proceeding relating to insolvency, receivership, liquidation or composition for the benefit of
creditors; and (iii) where Licensee materially breaches this Agreement or the law. Upon the expiry
or termination of the Agreement: (i) all licenses will immediately cease; (ii) Licensee will return
to Mobify or destroy all Proprietary Information belonging to Mobify; and (ii) all Fees will be
payable in full up to the effective date of expiry or termination.

7. Mobify may provide Licensee, from time to time, with upgrades, updates or fixes in its sole and
exclusive discretion. Licensee agrees to keep the Product up-to-date and install all relevant
updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by
Mobify. For the purposes of this Agreement: (i) an upgrade shall be a material amendment in the
Product, which contains new features and or major performance improvements and shall be marked as a
new version number; (ii) an update shall be a minor amendment in the Product, which may contain new
features or minor improvements and shall be marked as a new sub-version number; and (iii) a fix
shall be a minor amendment in the Product, intended to remove bugs or alter minor features which
impair the Products functionality and shall be marked as a new sub-sub-version number.  Any support,
updates and maintenance are governed by the terms and conditions set out under the Mobify service
agreement for limited trial or paid subscription to Mobify Cloud.

8. This Agreement is the entire agreement between Mobify and Licensee regarding the Product and
supersedes all prior and contemporaneous agreements, proposals or representations, written or oral,
concerning its subject matter. No modification, amendment, or waiver of any provision of this
Agreement will be effective unless in writing and signed by the party against whom the modification,
amendment or waiver is to be asserted. No failure or delay by either party in exercising any right
under this Agreement will constitute a waiver of that right. If any provision of this Agreement is
held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null
and void, and the remaining provisions of this Agreement will remain in effect. Disputes arising out
of or relating to this Agreement shall be governed by and interpreted in accordance with the laws of
British Columbia and adjudicated in the courts of British Columbia.  The parties are independent
contractors. This Agreement does not create a licensee and licensor relationship, sublicensee and
sublicensor relationship, partnership, franchise, joint venture, agency, fiduciary or employment
relationship between the parties. This Agreement may be executed in counterparts, any one of which
may be a fax, PDF or other form of electronic copy, and each of which shall be an original
instrument, but all of which shall constitute one and the same agreement.