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    • Hexonde Beta Program - Terms of Use

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    Last updated: November 3, 2022

    This hexnode beta program - terms of use (“Terms”) apply to Mitsogo Inc. DBA Hexnode’s (“Hexnode”, “we”, “our”, “us”) beta program (“Beta Program”) and governs your participation in the Beta Program. By clicking on “I agree” and/or checking the click box signifying your agreement to the Terms and/or using the Beta Services, you signify that you have read, understood, and agree to be bound by these Terms in all respects to the Beta Program and your use of the Beta Services. If you are enrolling in the Beta Program on behalf of a corporation or other organization, you represent and warrant that you have the authority to bind such entity and its affiliates to these Terms. If you are not willing to be bound by each and every term of this Term, or if any representation made herein by you is not true, you should not accept these Terms, you must not use the Beta Services, and/or must cease your participation in the Beta Program.

    The Hexnode Privacy Policy is incorporated into this Terms by reference and will control and govern any related provisions not addressed in these Terms. You understand and agree that participation in the Beta Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Hexnode.

    You understand that your participation in the Beta Program does not obligate Hexnode to provide you with any Beta Service. By participating in the Beta Program, you certify that you are legally competent to join the Beta Program.

    1. BETA SERVICES

      As a part of your participation in the Beta Program you may be granted access to Beta Services. “Beta Services” may be a separate, stand-alone service/software, accessible to you apart from the currently available service/software provided by Hexnode or may be a feature or functionality for the existing service/software provided by Hexnode. You may participate in our Beta Program and use our Beta Services only on approval from Hexnode or on invitation from Hexnode which approval or invitation shall be at our sole discretion.

    2. FEEDBACK

      You acknowledge and understand that giving prompt and accurate Feedback to Hexnode is the purpose of the Beta Program. “Feedback” includes but is not limited to any and all suggestions, issue reports, bug reports, questionnaires, enhancement requests and feature requests regarding your use of the Beta Service. You undertake to use best efforts to provide reasonable Feedback on all aspects of the Beta Service without any compensation or reimbursement of any kind from Hexnode. You acknowledge the importance of communication between you and Hexnode during your participation in the Beta Program and you agree to receive related correspondence and updates from us. In the event you opt out of such communication, your participation in the Beta Program will be terminated and your access to Beta Services will be revoked. You acknowledge that Hexnode owns any and all Feedback provided by you and you hereby grant to us, for any reason if further needed, a perpetual, non-revocable, royalty free, worldwide, fully paid-up license to use and/or incorporate such Feedback into any of our products or services at any time at Hexnode’s sole discretion. If we choose to publish any Feedback, we will at our sole discretion either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. You also acknowledge that we may monitor how you use the Beta Service and use such information to improve our products and/or services.

    3. INTELLECTUAL PROPERTY & ACCEPTABLE USE

      • 3.1.     You expressly agree that we own all legal rights, title and interests in and to the Beta Service, including all intellectual property rights. Except for the license provided herein, you are granted no other rights or permissions.
      • 3.2.     Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
      • 3.3.     By agreeing to and complying with these Terms, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to use the Beta Program for the purpose of internal evaluation of the Beta Service. You are strongly advised not to use the Beta Service for the processing of any live, production data or for general commercial use as Hexnode shall assume no liability for any and all damages resulting from your use of the Beta Service. There is no additional license fees for your use of the Beta Service under this Terms.
      • 3.4.     You are responsible for all costs and expenses associated with your use of the Beta Service and the performance of all testing and evaluation activities.
      • 3.5.     Your license to use the Beta Service is conditioned upon the following use restrictions and conduct restrictions. You agree that you will not under any circumstances:
        • Post, transmit or otherwise make available through the Beta Service any content or information that are or may be false, malicious, abusive, threatening, harassing, indecent, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
        • Publish or make public any results of benchmark tests run on any Beta Service to a third party without Hexnode’s prior written consent.
        • Use the Beta Service for any unlawful purpose or for the promotion of illegal activities;
        • Misuse the Beta Service and/or Beta Program by introducing viruses, worms, trojans or anything of the similar nature that may be harmful.
        • Copy, reproduce, adapt, modify, distribute or make derivative works of the Beta Service, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code, transfer or make available the Beta Service or any portion thereof to any third party or otherwise exploit any portion of the Beta Service except as expressly authorized herein, without Hexnode’s express consent. If expressly authorized to copy the Beta Service, you will reproduce all of Hexnode’s copyright notices and any other proprietary rights notices on all copies of the Beta Service that you make hereunder;
        • Modify, adapt, translate, reverse engineer, decompile or derive the source code for the Beta Service, or authorize a third party to do any of the foregoing;
        • Post, transmit or otherwise make available through the Beta Service any material protected by copyright law or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
        • Attempt to harass, abuse or harm another person or group;
        • Remove any copyright, trademark, confidentiality, or other proprietary rights notice from the Beta Service or from any other content that you access through the Beta Service.
        • Use another user’s account without permission or restrict any other person from using the Beta Service.
        • Provide false or inaccurate information when signing up for the Beta Program;
        • Interfere or attempt to interfere with the proper functioning of the Beta Service and/or Beta Program;
        • Use the Beta Service and/or Beta Program for any purpose that is fraudulent or otherwise tortious or unlawful.
        • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
        • Bypass any robot exclusion headers or other measures we take to restrict access to our Beta Service or use any software, technology, or device to scrape, spider, or crawl the Beta Service or harvest or collect information about users of the Beta Service without Hexnode’s express consent or manipulate data; or
        • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
      • 3.6.     You understand and agree that any liability, loss or damage that occurs as a result of your use of the Beta Service is solely your responsibility. Hexnode is not responsible for any public display or misuse of the Beta Service.

    4. CONFIDENTIAL INFORMATION

      You acknowledge that as a part of your participation in the Beta Program you will have access to Confidential Information and trade secrets of Hexnode. Confidential Information shall include but is not limited to programs, source codes, computer programs, computer code, modules, scripts, algorithms, features and modes of operation, inventions (whether or not patentable), processes, schematics, testing procedures, software design and architecture, design and function specifications), Feedback and all other data that you may have access to as a part of your participation in the Beta Program and use of the Beta Services .

      You acknowledge that (i) the successful market launch of commercial versions of the Beta Services requires you to keep all Confidential Information and other information made available through or contained in Beta Program, including, without limitation, the nature of Beta Services strictly confidential; (ii) the premature release of any of the Confidential Information would damage Hexnode’s competitive and intellectual property interests.

      You will use all reasonable efforts to protect the Confidential Information from unauthorized use or disclosure. You will

      • Solely use the Confidential Information for your own account and under the utmost secrecy;
      • Not use, reproduce, or allocate the Confidential Information in any manner or for any other purpose than the (possible) cooperation between you and Hexnode;
      • Not derive any commercial benefit from the Confidential Information;
      • Not divulge, disclose or make the Confidential Information available to any third party, without the express written consent of Hexnode;

      If you represent a corporation or an organization, such corporation or organization may disclose Confidential Information only to those of it’s employees who have a bona fide need to know such information for it’s evaluation of the Beta Service and who have first executed a written agreement that contains use and nondisclosure restrictions at least as protective as those set forth herein. You will immediately report any violation of this provision to Hexnode and shall employ all reasonable means to mitigate any damages or losses that Hexnode may incur as a result of any such violation.

      The obligations, as determined in the previous paragraph, are not applicable to the following information:

      • Information, which is publicly available, publicly spread and/or known by the general public at the time of its communication;
      • Information which is obtained in a lawful manner by you on a non-confidential basis from any party other than Hexnode, whereby such third party is at its turn not bound by any confidentiality agreement with Hexnode;
      • Information which disclosure/announcement is required by law or by a court or other government decision (of any kind). In such case you shall, prior to any disclosure/announcement discuss the scope and manner of such disclosure/announcement with Hexnode.

      This confidentiality obligation applies during the course of the this Terms between you & Hexnode and will survive the termination of this Terms and continue to be in effect for an additional period of five (5) years starting from the expiration or termination of the Terms for any reason whatsoever.

      Hexnode shall remain at any moment the sole owner of the Confidential Information.

    5. TERM & TERMINATION

      These Terms will remain in effect for as long as you are enrolled in the Beta Program and shall terminate along with the termination of your participation in the Beta Program.

      Unless otherwise terminated as specified in this Terms, your rights with respect to a Beta Service will terminate upon the initial commercial release by Hexnode of a generally available version of that Beta Service.

      Termination by Hexnode:

      • These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Hexnode reserves the right to determine whether any of your actions are in non-compliance with these Terms, and reserves the right to immediately terminate you from use of the Beta Services, or your participation in the Beta Program.
      • Hexnode reserve the right to modify or terminate the Beta Program or individual Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or your participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you.

      Termination by you:

      You may terminate these Terms for any reason or no reason upon written notice to Hexnode.

      Upon any expiration or termination of this Terms, the rights and licenses granted to you under this Terms shall immediately terminate, and you shall immediately cease using, and/or will return to Hexnode (or, at Hexnode’s request, destroy), the Beta Service, documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.

    6. LIMITATION OF LIABILITY

      By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Service is being provided as a “beta” version and made available on an “as Is” or “as available” basis WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL HEXNODE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DAMAGE TO ANY EQUIPMENT, AND/OR SOFTWARE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA SERVICE, EVEN IF HEXNODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      The Beta Service may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, THAT MAY ARISE FROM YOUR USE OF THE BETA SERVICE.

      In addition, you acknowledge that we are not obligated to provide any maintenance, technical, or other support for the Beta Services.

      Provision of any Beta Service under this Agreement is experimental and shall not create any obligation for Hexnode to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop software either to you or to any other party. Should a commercial version be made available, it may have features or functionality that are different from those found in the Beta Service licensed hereunder.

    7. GENERAL TERMS

      1. Entire agreement and severability - This Terms along with the Privacy Policy is the entire agreement between you and Hexnode relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Terms shall be valid unless in writing signed by both you and Hexnode. The waiver of a breach of any term of this Terms hereof shall in no way be construed as a waiver of any term or other breach hereof. In case of any conflict or inconsistency between the Privacy Policy and the Terms, the provisions of the Terms shall prevail. In case any provision of this Terms shall is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
      2. Assignment- This Terms is non assignable by you and Hexnode.
      3. Jurisdiction of disputes- This Terms shall be governed by and construed in accordance with the laws of the State of California as If performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal action or proceeding arising under this Terms will be brought exclusively in the federal or state courts located in San Francisco. California and you and Hexnode hereby consent to personal jurisdiction and venue therein.
      4. Changes to Terms- We reserve the right to make changes to these Terms from time to time and will notify you in such an event. You understand and agree that if you use the Beta Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.
      5. Compliance with Laws- You agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with your performance, participation, access and/or use of the Beta Services or Beta Program.
      6. Survival- Clauses 2, 4, 5, 6 and 7 will survive the expiration or termination of this Terms.
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