END USER LICENSING AGREEMENT (EULA) FOR iM HPC.ai CLOUD SERVICES

IMPORTANT: PLEASE READ THIS END USER LICENSING AGREEMENT CAREFULLY BEFORE USING THE iM HPC CLOUD SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICES.

This End User Licensing Agreement (“EULA”) is a legal agreement between you (referred to as “End User” or “you”) and iM HPC.ai Cloud Services (referred to as “Company,” “we,” or “us”) governing your use of the iM HPC Cloud Services (referred to as “Services”) provided by the Company.

ACCEPTANCE OF TERMS

By accessing or using the Services, you agree to be bound by the terms and conditions of this EULA. If you are entering into this EULA 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. If you do not have such authority or if you do not agree with these terms and conditions, you must not accept this EULA and may not access or use the Services.

LICENSE GRANT

Subject to your compliance with the terms and conditions of this EULA, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for the sole purpose of utilizing the high-performance computing resources provided by the Company.

USE OF SERVICES

3.1 Authorized Use: You may use the Services only for your internal business purposes and in compliance with all applicable laws, regulations, and this EULA. You shall not use the Services for any illegal, unauthorized, or unethical purpose.

3.2 User Account: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.

3.3 Prohibited Activities: You shall not engage in any activities that may interfere with or disrupt the Services or the Company’s infrastructure. Prohibited activities include but are not limited to: attempting to gain unauthorized access to the Services, introducing viruses or other harmful code, and engaging in any form of illegal or malicious activity.

INTELLECTUAL PROPERTY

4.1 Ownership: The Services, including all associated intellectual property rights, are and shall remain the exclusive property of the Company and its licensors. Nothing in this EULA shall be construed to grant you any rights, title, or interest in or to the Services, except for the limited license expressly granted herein.

4.2 Feedback: If you provide any suggestions, feedback, or recommendations regarding the Services (“Feedback”), you grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, and distribute the Feedback for any purpose.

CONFIDENTIALITY

5.1 Definition: “Confidential Information” refers to any non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

5.2 Protection: The Receiving Party shall use the Confidential Information only for the purposes of this EULA and shall not disclose the Confidential Information to any third party without the prior written consent of the Disclosing Party, except as required by law. The Receiving Party shall take reasonable measures to protect the confidentiality of the Confidential Information.

DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 No Warranty: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 Liability Cap: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND USING THE SERVICES DURING THE THIRTY (30) DAYS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

TERMINATION

This EULA is effective until terminated. The Company may terminate this EULA at any time, without notice, in case of your breach of any provision of this EULA. Upon termination, you shall immediately cease all use of the Services, and all rights and licenses granted to you under this EULA shall terminate.

GENERAL PROVISIONS

8.1 Entire Agreement: This EULA constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications, or agreements.

8.2 Governing Law: This EULA shall be governed by and construed in accordance with the laws of [Florida]. Any legal action or proceeding arising out of or relating to this EULA shall be exclusively subject to the jurisdiction of the courts in [Florida].

8.3 Severability: If any provision of this EULA is held to be invalid or unenforceable, such provision shall be severed from this EULA, and the remaining provisions shall continue in full force and effect.

8.4 Waiver: The failure of the Company to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

8.5 Assignment: You may not assign or transfer this EULA, in whole or in part, without the prior written consent of the Company. The Company may freely assign or transfer this EULA without restriction.

8.6 Survival: The provisions of Sections 4, 5, 6, 7, and 8 shall survive any termination or expiration of this EULA.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, DO NOT ACCESS OR USE THE SERVICES.