Thank you for your interest in HUAWEI CLOUD Open Beta Test (OBT) Services! This OBT Trial Use Agreement, any Modifications (as defined below) and the documents referred to in it, (“Agreement”) contains the terms and conditions that govern your access and use of the OBT Services. This Agreement is entered into between HUAWEI CLOUD ("Huawei Cloud", "we", "us" and "our") and you. You can use OBT Services only after you have read and agreed to all of the terms and conditions of this Agreement. Therefore, before using OBT Services, you shall carefully read this Agreement  and accepted the terms and conditions of the HUAWEI CLOUD Customer Agreement as well as the polices, documents and terms referenced therein which is accessible at  https://www.huaweicloud.com/intl. If you do not agree with any of the terms or content of this Agreement, do not use OBT Services.

You and Huawei Cloud are each referred to as a "Party" and collectively as "Parties" hereunder.

Before using OBT Services, you shall carefully read the description of HUAWEI CLOUD OBT Services on https://www.huaweicloud.com/intl/en-us/ (the "OBT Services") and follow the related operations guide.

1. Terms of the OBT Services

1.1. You shall not compromise or attempt to compromise network security through actions including, but not limited to, phishing, hacking, fraud, spreading viruses, Trojan horses, or malicious codes in websites or spaces, or using virtual servers to attack other websites or servers through scanning, sniffing, ARP spoofing, or DDoS.

1.2. You shall not perform actions or attempt to perform actions to tamper with the system configurations provided by HUAWEI CLOUD or compromise the system or network security.

1.3 You agree that HUAWEI CLOUD has the legal rights to all OBT Services. You shall not copy, sell, lease, sub-license, spread, tamper with, or transfer OBT Services, or perform or attempt to reverse engineer or decompile any software provided by HUAWEI CLOUD as part of the OBT Services.

1.4 While using the OBT Services, you shall not breach industry practices, national or local laws and regulations, or negatively impact or damage the brand, goodwill or reputation of HUAWEI CLOUD or the OBT Services.

1.5. You are responsible for ensuring compatibility between the OBT Services and your hardware, software, products, or services, including but not limited to your web browser, operating system, and cloud servers.

1.6 You represent and warrant that you will use the OBT Services only in compliance with all applicable laws and regulations, including those related to spamming, privacy, data protection, intellectual property, consumer protection, pornography, obscenity or defamation.

2. Limitation of Liability

You understand and agree that HUAWEI CLOUD does not commit itself to the availability or reliability of any services, including the OBT Services, during trials. HUAWEI CLOUD does not assume any responsibility for your work or the results generated by the OBT Services.

HUAWEI CLOUD disclaims, to the maximum extent permissible under applicable law, all warranties relating to the services, express or implied, including, but not limited to, any warranties against infringement of third-party rights, merchantability and fitness for a particular purpose. Nevertheless, HUAWEI CLOUD is willing to cooperate with you to solve problems and is committed to continuously improving service quality. In the event of any problems that you experience with the OBT Services, you can call the customer service telephone number available at our official website to report faults and receive technical support. If the problems cannot be solved by us in a satisfactory manner, you shall agree to stop using OBT Services.

3. Change and Termination

3.1 HUAWEI CLOUD has the right to modify or update one or multiple functions of OBT Services, or cancel one OBT service, provided that it sends a prior notice to you.

HUAWEI CLOUD can provide such a notice to you through an announcement or with other methods.

3.2 If you have breached any term of this Agreement, or HUAWEI CLOUD holds that your usage of OBT Services does not comply with this Agreement, HUAWEI CLOUD can suspend or terminate your OBT Services or restrict your authority to order new OBT Services without a prior notice. If your culpable breach of this Agreement causes any loss to HUAWEI CLOUD, it has the right to require you to provide compensation for the loss.

3.3 HUAWEI CLOUD can terminate one or multiple functions of OBT Services by posting an announcement on the HUAWEI CLOUD website. HUAWEI CLOUD has the right to terminate your instance and remove all your data after the termination of the OBT service or this Agreement for any reason.

3.4 Any termination or expiry of this Agreement (in whole or in part and however it occurs) will not affect any rights or liabilities of either Party that may have accrued before termination or expiry of any provisions of this Agreement that are expressly or by implication intended to come into or continue in force on or after such termination or expiry.

4. Confidentiality

4.1 "Confidential Information” means all information disclosed by a Party ("Disclosing Party") to the other Party ("Receiving Party"), in the course of their dealings relating to this Agreement whether before or after the effective date of the Agreement, in any medium or format (including written, oral, visual or electronic), whether or not marked or described as "confidential", or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, which relates to the Disclosing Party (or any of its Affiliates), or to the employees, officers, customers or suppliers of the Disclosing Party (or any of its Affiliates). Confidential Information shall not include information that: (a) is or becomes generally known to the public through no act or omission of the other Party; (b) was in the other Party's lawful possession prior to the disclosure by the Disclosing Party without breach of confidentiality obligations owed to the Disclosing Party; (c) is lawfully disclosed to the other Party free of any obligation of confidence by a third party which itself was not under any obligation of confidence in relation to that information; or (d) is independently developed by the other Party.

4.2 Each Party agrees to keep the other Party's Confidential Information in confidence during the term of this Agreement and for a period of five years thereafter. Each Party shall not disclose the other Party's Confidential Information to any person except with the prior written consent of the other Party or in accordance with this Section 4. Each Party agrees to take appropriate measures to protect the other Party's Confidential Information, but in no event be less than the degree of care that it uses to protect its own confidential information.

4.3 The Receiving Party may only disclose the Confidential Information to its employees, agents or subcontractors who have a need to know it and who are subject to confidentiality obligation no less strict than as required under this Agreement and shall remain liable to the Disclosing Party in respect the use of the Confidential Information as if the use were made by the Receiving Party. Each Party may only use the other Party's Confidential Information for the purpose of performing this Agreement, unless otherwise authorized by the other Party in writing. Notwithstanding anything to the contrary, each Party may disclose the other Party's Confidential Information in a legal proceeding or to a governmental entity, regulator or law enforcement agency only to the extent as required by the applicable laws and regulations.

5. Miscellaneous

5.1 You understand and agree that HUAWEI CLOUD may provide some of OBT Services for you free of charge or with discounts, but only during the trial period. After this period, HUAWEI CLOUD does not rule out the possibility of charging you for your subsequent use of OBT Services and HUAWEI CLOUD will publish the charging policies and regulations by releasing an announcement on the HUAWEI CLOUD website or posting a notice in the appropriate column of the HUAWEI CLOUD website. If you continue to use OBT Services after the trial period, you shall pay for them in accordance with valid charging policies and regulations and shall follow valid service terms published by HUAWEI CLOUD.

5.2 HUAWEI CLOUD has the right to modify the Agreement at any time according to the relevant laws and regulations and Huawei's financial conditions and operating policy adjustments ("Modifications"). The modified service terms will be released on https://www.huaweicloud.com/intl/en-us/. If you do not agree with the Modifications, you shall stop using OBT Services immediately. If you continue to use OBT Services, you are deemed to have accepted the Modifications.

5.3 If any Section in this Agreement is invalid due to a breach of laws, it does not affect the validity of other Sections in this Agreement.

5.4 If you use OBT Services to obtain any product or service from a third party, you may also be subject to the terms and conditions specified by the related third-party.

5.5 This Agreement is governed by the laws of Hong Kong. Any dispute arising out of or related to this Agreement shall be resolved through a friendly negotiation between you and HUAWEI CLOUD. If such negotiation fails, both parties can submit the dispute to the Hong Kong courts for resolution through litigation.

5.6 This Agreement shall constitute an integral part of HUAWEI CLOUD Customer Agreement (“Customer Agreement”, accessible athttps://www.huaweicloud.com/intl/en-us/declaration/sa_cua.html) accepted by you. For any matters not specified herein, the Customer Agreement shall prevail.

5.7 Relationship. Each Party is an independent contractor. This Agreement does not create any partnership, joint venture, agency or employment relationship between the Parties.

5.8 Non-assignment. You will not assign or otherwise transfer all or part of this Agreement to any third party, including your Affiliates, without prior written consent from us. We may assign this Agreement without your consent to our Affiliates in connection with or as part of a corporate reorganization. We will notify you, by posting announcement on our website or through other means, prior to the effectiveness of such assignment. Upon the effectiveness of such assignment, this assignor is fully released from all and any of its obligations and duties to perform the Agreement and the assignee will be deemed substituted for us.

5.9 No Waivers. Failure to enforce any provision of this Agreement will not constitute a waiver of such provision or right in any way or form and will not limit the right to enforce such provision at a later time. All waivers shall be explicitly made and in writing to be effective.

5.10 Severability. If any term of this Agreement is found to be invalid and unenforceable, the remaining terms of this Agreement will remain effective, and the invalid or unenforceable term will be replaced with another term consistent with the purpose and intent of this Agreement.

5.11 Further Assurance. Each Party must at its own cost and expense execute, or use all reasonable endeavors to ensure the execution of, whatever further documents or deeds the other Party reasonably requires from time to time for the purpose of giving that other Party the full benefit of the provisions of this Agreement.

5.12 Rights and Remedies. The rights, powers and remedies provided in this Agreement are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by applicable laws or regulations or otherwise.

5.13 Cost. Each Party must (except as expressly provided) bear its own costs and expenses in connection with the preparation, negotiation, and entering into of this Agreement.

Last Updated: December, 2020