HIVEON ENTERPRISE OS TESTING TERMS AND CONDITIONS

1.1. These Hiveon Enterprise OS Testing Terms and Conditions (the "Terms") are displayed on the Website and outline the rules for testing and evaluating the operating system Hiveon Enterprise OS provided by the Company.

1.2. Please read these Terms carefully before accessing the Hiveon Enterprise OS. By accessing the Hiveon Enterprise OS, you acknowledge that you have read these Terms, as amended from time to time, and agree to be bound by them. If you disagree with these Terms or any subsequent amendments, changes or updates, do not access or use the Hiveon Enterprise OS.

1.3. The following definitions apply to these Terms:

1.3.1. "You" and "Your" refer to you, the individual accessing and using the Hiveon Enterprise OS personally or on behalf of a legal entity (including your employees, officers, agents, representatives, and contractors) for the Purpose, for the period of the established Duration, and accepting these Terms.

1.3.2. "Company", "Hiveon", "Ourselves", "We", "Our", and "Us" refer to Hiveon Software Corp., a Delaware corporation, registration number 7237311, registered address 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808 and its affiliates, officers, directors, founders, shareholders, founders, beneficiaries, employees, agents, representatives, contractors, subsidiaries and parent companies.

1.3.3. "Party", "Parties", or "Us" refers to you and the Company, or either you or the Company.

1.3.4. "Hiveon Enterprise OS" refers to the operating system Hiveon Enterprise OS and all corresponding documentation created and owned by the Company and used for monitoring, supporting and managing mining locations, including equipment, team and electricity management.

1.3.5. "Purpose" means the usage of the Hiveon Enterprise OS under these Terms and according to its technical and operational functionality for testing and evaluation purposes.

1.3.6. "Duration" means the usage of the Hiveon Enterprise OS for 30 calendar days (may differ on case by case basis), starting from the date of your access to the Hiveon Enterprise OS.

1.3.7. "Intellectual Property Objects" means trademarks, trade names, logos, designs, symbols, videos, emblems, insignia, slogans, copyright, database rights, software, manuals, information, drawings, plans, products, courses and other materials whether or not registered and all other proprietary rights including inventions (whether patented or not in any jurisdiction) together with all future rights.

1.3.8. "Confidential Information" means all information concerning or related to the business, operations, results of operations, assets and affairs of a disclosing Party, including, but not limited to, financial and accounting information, budgets, projections, forecasts, business plans, operating methods, business strategies, product and service information, product plans, product specifications, product designs, processes, drawings, concepts, research and development data and materials, systems, techniques, trade secrets, intellectual property, software and works of authorship, know-how, marketing and distribution plans, planning data, marketing strategies, price lists, market studies, employee lists, supplier lists, customer and prospect lists, and supplier and other customer information and data that the disclosing Party discloses (or disclosed prior to these Terms) to the recipient Party in connection with these Terms, together with any copies, extracts, analyses, compilations, studies or other documents prepared or received by the recipient Party, which contain or otherwise reflect such information. For the avoidance of doubt, the Confidential Information also includes any data received by you from your access to and use of the Hiveon Enterprise OS.

1.3.9. "Third Party" means any legal entity or individual except the Company and you;

1.3.10. "Term" means the period commencing on the date of accessing the Hiveon Enterprise OS by you and continuing for the Duration or until these Terms are terminated (a) by the Company, with immediate effect, if you breach the provisions of these Terms or for any other reason as may be determined by the Company; (b) by you by sending at least 5 (five) calendar days written notice to the Company; (c) with immediate effect, in the event of a failure of the affected Party to perform its obligations due to the force majeure within 5 (five) calendar days; (d) with immediate effect by mutual agreement of the Parties;

1.3.11. "Privacy Policy" refers to the privacy policy of the Company, which is available at https://hiveon.com/privacy/.

1.3.12. "Website" refers to https://hiveon.com/.

2.1. By accessing and using the Hiveon Enterprise OS, you represent and warrant that you:

2.2. agree with these Terms and Privacy Policy;

2.2.1. are at least 18 years old and have the capacity to form a binding contract;

2.2.2. have full power and authority to enter into these Terms and, in doing so, will not violate any other agreement to which you are a party;

2.2.3. are not a resident of one of the following sanctioned countries: North Korea, Iran, Russia, Belarus;

2.2.4. are not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your use of the Hiveon Enterprise OS;

2.2.5. have not previously been suspended or removed from access to the Hiveon Enterprise OS.

3.1. The Company grants you a non-exclusive, revocable license to use the Hiveon Enterprise OS solely for the Purpose and the established Duration.

3.2. Depending on your location, country of residence, incorporation, or registered office, you may not be able to use some or all the functions of the Hiveon Enterprise OS. You undertake to follow the rules and laws in your country of residence and/or country from which you access or use the Hiveon Enterprise OS.

3.3. Your access to the Hiveon Enterprise OS is provided by the Company through electronic means by delivering the Hiveon Enterprise OS in object code form and corresponding documentation of the Hiveon Enterprise OS.

3.4. Your access to and use of the Hiveon Enterprise OS is free of charge for the established Duration.

3.5. The Company reserves the right to immediately suspend or terminate your access to or use of the Hiveon Enterprise OS if you violate these Terms, Privacy Policy, any applicable laws and regulations or as may be established by the Company in its sole discretion.

3.6. The Company reserves the right to automatically assess the Hiveon Enterprise OS and implement updates or configuration changes. You may be obligated to install updates for continued usage of the Hiveon Enterprise OS, and these updates are governed by these Terms unless accompanied by alternative terms or provisions, in which case the latter shall prevail.

3.7. You undertake to set up all necessary equipment strictly per the Company's recommendations and guidelines in order to access and use the Hiveon Enterprise OS.

3.8. You undertake to promptly provide the Company with all the required information as may be necessary for the performance of these Terms.

3.9. You undertake to maintain transparent communication and share your experience recommendations throughout your use of the Hiveon Enterprise OS. You shall use online support and direct feedback channels provided by the Company to make suggestions and recommendations throughout your use of the Hiveon Enterprise OS.

3.10. You undertake to discuss the results of using the Hiveon Enterprise OS during the established Duration but not later than 10 (ten) calendar days after the end of the established Duration.

3.11. During the Duration or upon the expiry of the Duration, you will be able to acquire the Hiveon Enterprise OS's license on the standard commercial terms. In case you do not proceed with the acquiring of the Hiveon Enterprise OS on standard commercial terms, you will be restricted from accessing and using the Hiveon Enterprise OS, and you must return to the Company all corresponding documentation and delete all copies of the Hiveon Enterprise OS from your devices and systems.

4.1. While accessing and using the Hiveon Enterprise OS, except to the extent expressly authorized by these Terms or the Company, you warrant and agree that you will not:

4.1.1. access or use the Hiveon Enterprise OS against the Purpose and for a longer period than the established Duration, or for any purpose that is unlawful or prohibited by these Terms;

4.1.2. interfere with or disrupt the integrity or performance of the Hiveon Enterprise OS, the Company's operations, or Third-Party's data contained therein, either directly or using Third-Party technology;

4.1.3. use, permit, enable, or assist any Third Party to create competing products or services to the Hiveon Enterprise OS.

4.1.4. violate any law, contract, intellectual property or other Third-Party right or commit a tort;

4.1.5. use obscene or abusive language via e-mail, chat, or other communication channels;

4.1.6. use methods or techniques to abuse the access to or use of the Hiveon Enterprise OS;

4.1.7. upload, distribute, or otherwise publish through the use of the Hiveon Enterprise OS any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.

5.1. You acknowledge that all the Intellectual Property Objects in connection with the Hiveon Enterprise OS are assigned to the Company.

5.2. You acknowledge that the Company shall continue to own all rights, titles and interests in and to all the Intellectual Property Objects in connection with the Hiveon Enterprise OS, including, but not limited to, the source and object codes and any customizations, updates and corrections to the Hiveon Enterprise OS.

5.3. Any Third-Party trademarks, service marks and logos that may be displayed to you are the property of their respective owners. Any further rights not expressly granted herein are reserved.

5.4. These Terms convey to you only a limited right of use, fully revocable under the provisions set forth herein. Except for such right of use, you must not assert any right, title, or interest in or to the Hiveon Enterprise OS and the Intellectual Property Objects in connection with the Hiveon Enterprise OS.

5.5. Without limiting the preceding, except to the extent expressly authorized by these Terms or the Company, you may not:

5.5.1. modify, copy, decompile, disassemble, or reverse engineer, or cause any Third Party to modify, copy, decompile, disassemble, or reverse engineer the Hiveon Enterprise OS and Intellectual Property Objects in connection with the Hiveon Enterprise OS;

5.5.2. sell, resell, rent, sublicense, lease or provide access to the Hiveon Enterprise OS and the Intellectual Property Objects in connection with the Hiveon Enterprise OS to Third Parties;

5.6. You undertake to promptly notify the Company if you obtain information about any unauthorized possession, access to or use of the Hiveon Enterprise OS or the Intellectual Property Objects in connection with the Hiveon Enterprise OS and further undertake to cooperate with the Company in protecting the Company's the Hiveon Enterprise OS and the Intellectual Property Objects in connection with the Hiveon Enterprise OS.

6.1. You and the Company undertake not to disclose any Confidential Information unless permitted under these Terms, required by applicable law or permitted by the other Party.

6.2. You and the Company undertake to mutually share Confidential Information pertinent to the Hiveon Enterprise OS and associated Intellectual Property Objects with confidence that the other Party will use such Confidential Information only for the purposes of these Terms and will not disclose that Confidential Information to Third Parties in any way or form, except under these Terms.

6.3. You undertake to devote your best efforts and be consistent with the practices and procedures under which you protect your most valuable proprietary information and materials to protect the Hiveon Enterprise OS against unauthorized disclosure, unlawful use, unlawful access or copying.

6.4. The obligations under this Section shall continue to apply for 3 (three) years beyond the termination of these Terms.

7.1. The Company provides the Hiveon Enterprise OS on an "as is" basis and makes no other warranties related to the Hiveon Enterprise OS, whether express, implied or statutory. The Company specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement regarding the Hiveon Enterprise OS.

7.2. The Company does not warrant that the functions of the Hiveon Enterprise OS will meet your requirements or, that the operation of the Hiveon Enterprise OS will be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the Hiveon Enterprise OS will be effective, accurate, or reliable, or that any errors or defects in the Hiveon Enterprise OS will be corrected.

7.3. Any material downloaded or otherwise obtained through the use of the Hiveon Enterprise OS is done at your discretion and risk, and you will be solely responsible for any damage to your hardware and computer systems or loss of data that results from the download of any such material.

7.4. No advice or information, whether oral or written, obtained by you from the Company or through or from the Hiveon Enterprise OS shall create any warranty not expressly stated in the Terms.

7.5. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Hiveon Enterprise OS (or any part thereof) with or without notice.

7.6. If for any reason any provision of these Terms, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

7.7. The disclaimer provisions contained herein shall be applied to the greatest extent permitted by law.

8.1.1. Notwithstanding anything in these Terms to the contrary, the Company must not be liable to you for direct, special, indirect, consequential, punitive or exemplary damages suffered by you resulting from or arising out of these Terms and under any other theory of liability, whether tort, negligence, strict liability, breach of contract, warranty, indemnity or otherwise, including loss of use, increased cost of operations, loss of profit or revenue, or business interruptions.

8.2. The limitation of liability provisions contained herein shall be applied to the greatest extent permitted by law.

8.2.1. You agree to indemnify and hold harmless the Company from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys' fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

8.2.2. your access and use, or conduct in connection with the Hiveon Enterprise OS;

8.2.3. your breach or our enforcement of these Terms;

8.2.4. your violation of any applicable law, regulation, or rights of any third party during your access to or use of the Hiveon Enterprise OS.

8.3. If you are obligated to indemnify the Company under these Terms, the Company will have the right, at its sole discretion, to control any action or proceeding and to determine whether the Company wishes to settle and, if so, on what terms.

9.1. The rights and obligations of these Terms shall inure to the benefit of and be binding upon the Parties hereto, their successors and permitted assigns.

9.2. You may assign or transfer your rights or obligations under these Terms only upon the Company's prior written consent.

9.3. The Company may freely assign its rights or obligations under these Terms without your consent or notifying you.

10.1. The Parties are not responsible for the partial or complete failure of obligations under these Terms if such failure was caused by force majeure arising from extraordinary events.

10.2. Such extraordinary circumstances include flood, fire, earthquake, or other natural phenomena, as well as war, hostilities, acts or actions of government agencies, etc., and any other acts beyond the reasonable control of the Parties.

10.3. The Party under force majeure shall promptly notify the other Party regarding such circumstances by giving notice to the other Party.

11.1. The Hiveon Enterprise OS may collect information about you and your actions in connection with the Hiveon Enterprise OS and the results of using the Hiveon Enterprise OS.

11.2. The Company receives this information and may use it to improve the Hiveon Enterprise OS, provide better services and share the data with Third Parties, including your name and particulars. Such data may include the country, figures, indicators, screenshots from the Hiveon Enterprise OS, etc.

11.3. Please refer to our Privacy Policy for information about how we collect, use and share your data and cookies and what options you have regarding your personal information.

12.1. The Company reserves the right to modify these Terms occasionally at its sole discretion and without notice. Changes to the Terms become effective on the date they are posted, as demonstrated above, and your continued use of the Hiveon Enterprise OS after any changes to the Terms will signify your agreement to be bound by them.

13.1. The law of Delaware, USA, is applied to these Terms.

13.2. All disputes and disagreements arising between the Parties in connection with these Terms shall be settled by negotiations.

13.3. The Parties agree that if any dispute, disagreement or claim in connection with these Terms, their validity or violation of their provisions cannot be settled by the Parties within 30 (thirty) calendar days, the resolution of such dispute, disagreement or claim will be attributed to the competent courts of Delaware, USA.

14.1. The notices in connection with these Terms shall be delivered via online support and direct feedback channels.

14.2. The Parties may mutually establish additional communication channels.

14.3. In case of necessity to send a notice to the Company, you may contact us at [email protected].

14.4. All complaints and/or concerns of any nature from external parties can be addressed to [email protected].