HoloPort Program Agreement

You, as a HoloPort owner, may participate in the HoloPort Program only upon approval by Holo (“us” “Holo” “us” or “we’), and/ or by invitation from us. The Alpha TestNet Terms of Service (including the Holo Privacy Policy, any Holo Acceptable Use Policy, Code of Conduct and Product Privacy Policy) are incorporated by reference and will control for any provisions not addressed in these Terms.

The Holo Alpha TestNet Terms of Service in addition to these terms apply to your participation in the HoloPort Program. That means that both agreements govern your participation with Holo.
In the event that you fail to meet the technical or identity requirements of the program, your participation in the HoloPort Program will be terminated.
By accepting these Terms or using the HoloPort Services, you understand and acknowledge that all your processed data will be used in connection with any of Holo’s or Holochain’s development or testing programs. We will take all necessary measures to safeguard the data and the security of the processing.

Holo grants a use license for relevant HoloPort Service Materials.
Participants agree to register their HoloPort with the HP Program and ensure that it remains online and available for use by Holo for any development, private or public alpha testing on any network run by Holo. Uptime metrics will be defined for program participation and communicated on the Holo Forum and may change from time to time. Accessible shall mean SSH (secure shell) access enabled for Holo.
Accrued HoloFuel during the program shall be transferred to participants only following a launch by Holo of HoloFuel, as the peer-based accounting system and unit of account within the integrated platform, which enables customers to directly pay hosts for the cloud hosting services provided on the platform. Holo will provide a report for past HoloFuel accrual balances in the program.
Participants understand HoloFuel is at risk as described in section 8 of these Terms of Service.

The Holoport Services may be a separate, stand-alone service, accessible apart from any available Holo Services or may be a feature or functionality for existing Holo Services. HoloPort Services expressly include all Alpha Services as previously defined in this program and agreement. A description of a HoloPort Service may be provided prior to or at the time you use a Service, or if we make changes to the HoloPort Service. By agreeing to and complying with these Terms we grant you a non-exclusive, revocable, non-transferable, limited license to use the Holoport Services.

Many aspects of the HoloPort Services are Alpha products or features, which by their very nature are meant for testing, which means that they may not work as expected, may have errors, or may cause unintended behavior.

You understand that we’re not responsible for any issues or problems caused by the HoloPort Service. We have no obligation to provide any kind of support for the HoloPort Services.

By accepting these Terms or using the HoloPort Services, you understand and acknowledge that the HoloPort Services are being provided or made available on an “As Is” or “As Available” basis. The Holoport Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE HOLOPORT SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the HoloPort Services, notwithstanding other agreements based on purchases from Holo.

You acknowledge the importance of communication between you and Holo during your use of the Alpha Services and agree to receive related correspondence and updates from us. In the event you request to opt out from such communications, your participation in the HoloPort Program will be terminated, and all obligations from Holo as part of the HoloPort Program will likewise be discontinued, including the ability for your HoloPort to host applications during the program.

As part of using the HoloPort Services, you will be asked to provide feedback regarding your use of the Services. You acknowledge that Holo owns any feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to publish such feedback, we will 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 agree that we own all legal rights, title and interest in and to the HoloPort Program and the HoloPort Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any other Holo Services is granted.

Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the HoloPort Services and/or any other aspect of Holo technology, except as permitted by us.

These terms, as modified from time to time, will remain in effect for as long as the Program is operational and you continue to participate by making your HoloPort(s) available for Holo to use on the development, test and production networks.

Either party may terminate these Terms before the end of the Program for any reason or no reason upon written notice to the other party. Upon termination, Holo will cease using your HoloPort(s).

These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of other HoloPort Services, or participation in any other HoloPort Programs.

We reserve the right to modify or terminate the HoloPort Program or the Alpha or HoloPort Services, or your use of the Services, to limit or deny access to the Services and/or participation in the Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your participation in the HoloPort Program or HoloPort Services and/or your participation in the Program at any time.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE HOLOPORT SERVICES ARE PROVIDED BY HOLO ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE HOLOPORT PROGRAM OR HOLOPORT SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOLO EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOLO MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES HOLO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOLO OR THROUGH THE ALPHA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

HoloFuel shall only become payable, and transferable, if accrued under the terms of this Agreement, after a public launch of HoloFuel, as the peer-based accounting system and unit of account within the Holo hosting platform, which by its use enables direct payment between customers of the Holo Services and HoloPort owners who are participants in the HoloPort Program. There is no guarantee of when or if that will take place.

Ownership of HoloFuel carries no rights, whether express or implied, other than a limited potential future right or expectation to use HoloFuel to purchase hosting and/or services made available on the Holo Platform, if and to the extent that the Holo Platform is successfully developed and deployed. Any potential future right or expectation relating to eventual transfer of HoloFuel and/or the use ofHoloFuel on the Holo platform shall be subject to any restrictions and limitations set out in the platform Terms (as applicable).

You acknowledge and accept that by agreeing to participate in the HoloPort Program under these Terms of service, you are not acquiring, purchasing or otherwise obtaining:

1. any ownership right or stake, share, equity, security, commodity, bond, debt instrument or any other financial instrument or investment carrying equivalent rights;
2. any right to receive future revenues, shares or any other form of participation or governance right from, in or relating to Holo Limited
3. any form of money or legal tender in any jurisdiction, as HoloFuel do not constitute any form of money or a representation of money (including electronic money); or
4. the provision of any goods and/or services as at the date that these Terms of Service form a binding agreement between the Parties.

Holo makes no warranties or representations and offers no assurances (in each case whether express or implied) that HoloFuel shall confer any actual and/or exercisable rights of use, functionality, features, purpose or attributes in connection with the Holo platform.

IN NO EVENT SHALL HOLO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT HOLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOLO’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $50.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to hold harmless and indemnify Holo, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Alpha Services and/or your participation in the Alpha Program(s), (iii) your acquisition or use of HoloFuel, or (iv) your violation of applicable laws, rules or regulations in connection with the Services or HoloFuel.

You agree that information you receive about Holo as part of your participation is confidential and should not be shared publicly without explicit permission.

You warrant and represent that:

1. You will conduct yourself responsibly in regards to participation in the HoloPort Program following a reasonable, common-sense code of conduct;
2. You will not in any way cause harm or inconvenience to Holo, its affiliates, subsidiaries or publishers;
3. You agree that if you allow anyone else to access your HoloPort, you accept responsibility for their acts, including any violation of this Agreement which could result in a breach in any part of the Terms set forth in this Agreement;
4. You will immediately notify Holo if you suspect or become aware that your registered HoloPorts have been breached or have been transferred to a third party, and you will use your best efforts to help to prevent any loss or disclosure;
5. You will not misappropriate any of the intellectual property of Holo or any other party;
6. You will not reverse engineer, decompile or disassemble the HoloPort or engage in the unauthorized transfer, exhibition, export, import, or transmission of programs and will not use any devices to circumvent any authentication schemes unless such an action is intended for the purpose(s) of testing the product and is authorized by and communicated to Holo directly and within a reasonable time.

You acknowledge and agree that: (i) the HoloPort Program and HoloPort Services constitute Confidential Information as defined in the Terms of Service (ii) you acknowledge that the successful market launch of commercial versions of the Alpha Services requires you to keep all Holo data and information discussed and/or made available through or contained in Program, including, without limitation, the Services strictly confidential; (iii) the premature release of any of the Confidential Information would damage Holo’s competitive and intellectual property interests; and (iv) and information about the Services shall not be shared with anyone other than other authorized users of Holo Forum. (https://forum.holo.host)

We reserve the right to make changes to these Terms from time to time and may or may not notify you in such an event. You understand and agree that if you use the HoloPort Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.

This HoloPort Program Agreement and Terms of Service amends and replaces all prior agreements, programs and terms of service that were named “HoloPort Alpha” or “HP Alpha”.

Both parties 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 their performance, participation, access and/or use of the Services or Program.

Sections 3,4,5,6,7, 8, 10 and 11 will survive the expiration or termination of this Agreement.