DataForge™ Test Engine
Terms of Use

Parties and Agreement

This Evaluation License Agreement ("Agreement") is entered into between Hyperion DataForge, Inc., a Florida corporation ("Licensor"), and the individual or entity downloading or using the DataForge™ Test Engine ("Evaluator").

This Agreement governs the Evaluator's access to and use of the DataForge™ Test Engine executable ("Software") made available for download at hyperiondataforge.com.

Definitions

License Grant

3.1 Scope of License

Subject to Evaluator's compliance with these Terms, Licensor grants Evaluator a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely for Evaluation Use during the Evaluation Period.

3.2 Permitted Activities

The following activities are permitted under this Agreement:

• Installing and executing the Software on Evaluator's own hardware or private cloud environment
• Running the Software against Evaluator's own datasets or synthetic test data for the purpose of performance validation
• Generating and retaining internal benchmark results for Evaluator's own technical assessment
• Sharing internally generated benchmark results within Evaluator's direct employees for internal evaluation purposes only. Sharing with external parties, including contractors, partners, advisors, or affiliates, is prohibited without prior written authorization from Licensor

3.3 Restrictions

The following activities are expressly prohibited without a separate written commercial license agreement executed by Licensor:

• Any Commercial Use of the Software or any output, result, or derivative data produced by the Software
• Using benchmark results, performance data, or any output of the Software in marketing materials, sales presentations, investor communications, or public-facing content of any kind
• Incorporating the Software or its output into any product, service, or workflow that generates revenue or economic value
• Distributing, sublicensing, reselling, or transferring the Software or any license rights to any third party
• Reverse engineering, decompiling, disassembling, or attempting to derive source code from the Software
• Modifying, adapting, or creating derivative works based on the Software
• Removing, obscuring, or altering any proprietary notices, labels, or markings on the Software
• Using the Software after Expiration of the Evaluation Period
• Benchmark Integrity Restriction: Evaluator shall not manipulate, misrepresent, selectively present, or otherwise alter benchmark results generated by the Software in any manner that could mislead third parties regarding the performance characteristics of the DataForge™ architecture, including but not limited to cherry-picked runs, altered or non-representative datasets presented as standard conditions, or misleading comparative claims against third-party systems.

Evaluation Period and Expiration

4.1 Duration

The Evaluation Period is fourteen (14) calendar days from the date of download, as recorded by the Software at the time of first execution. The Evaluation Period is fixed and non-extendable except by separate written agreement with Licensor.

4.2 Expiration Behavior

Upon expiration of the Evaluation Period, the Software will cease normal execution and display a notification to the Evaluator. That notification will include:

• A statement that the Evaluation Period for this installation has concluded
• Licensor's contact information for commercial licensing inquiries
• A statement that continued use requires execution of a commercial license agreement with Licensor

4.3 No Waiver

Expiration of the Evaluation Period does not waive any obligation or restriction under this Agreement. All prohibitions on Commercial Use, redistribution, and reverse engineering survive Expiration and continue in effect indefinitely.

4.4 No Circumvention

Evaluator shall not attempt to circumvent, disable, reset, or otherwise interfere with the Evaluation Period expiration mechanism. Any such attempt constitutes a material breach of this Agreement and may give rise to liability under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the Digital Millennium Copyright Act (17 U.S.C. § 1201).

Commercial Use — Separate Agreement Required

5.1 No Implied Commercial Rights

Nothing in this Agreement grants or implies any right to use the Software, its output, or any benchmark or performance data derived from the Software for any Commercial Use. Commercial Use rights must be separately negotiated and explicitly granted in a written agreement executed by an authorized representative of Hyperion DataForge, Inc.

5.2 Commercial Use — For the Avoidance of Doubt

The following are expressly considered Commercial Use and each requires a separate written agreement:

• Incorporating benchmark results or performance data into investor pitch materials, funding applications, or investor communications
• Using the Software or its output to demonstrate capabilities to prospective customers or business partners
• Integrating the Software into any production data pipeline, ETL workflow, or data movement operation
• Using the Software to move, process, or transform data in connection with any business operation
• Sublicensing or reselling access to the Software or its capabilities to any third party
• Using benchmark results in any published report, white paper, press release, or public communication of any kind

5.3 Path to Commercial Licensing

Evaluators who wish to use the Software for Commercial Use are encouraged to contact Licensor to discuss available licensing arrangements. Licensor offers tiered commercial licensing structures designed to align with the scale and nature of intended use.

Intellectual Property

6.1 Ownership

The Software, including all underlying algorithms, architecture, source code (whether or not distributed), documentation, and all intellectual property rights therein, is and remains the exclusive property of Harper Technologies LLC and is licensed to Hyperion DataForge, Inc. under a perpetual exclusive license. Evaluator acquires no ownership interest in the Software under this Agreement.

6.2 Patent Rights

The Software implements inventions covered by USPTO Provisional Patent Applications 63/1948,848 (DataForge™ Stack Architecture) and 63/1948,990 (FUSE Algorithms), both filed December 2025 and currently pending utility conversion. No license under these patent applications is granted by this Agreement beyond the limited Evaluation Use license set forth in Section 3.

6.3 Reservation of Rights

All rights not expressly granted in this Agreement are reserved by Licensor. This Agreement does not grant Evaluator any rights to Licensor's trademarks, trade names, or service marks, including the DataForge™ mark and the Hyperion DataForge name and logo.

Disclaimer of Warranties

Limitation of Liability

Termination

9.1 Automatic Termination

This Agreement and all rights granted hereunder terminate automatically and without notice upon: (a) expiration of the Evaluation Period; (b) any breach of this Agreement by Evaluator; or (c) Evaluator's receipt of written notice of termination from Licensor.

9.2 Effect of Termination

Upon termination for any reason, Evaluator shall immediately cease all use of the Software and shall permanently delete or destroy all copies in Evaluator's possession or control. Sections 3.3, 5, 6, 7, 8, 11, and 12 survive termination indefinitely.

No Telemetry

The Software does not transmit Evaluator data, datasets, benchmark results, or any other information to Licensor or any third party. All execution, processing, and results remain strictly local to the Evaluator's environment. No network connection is established by the Software unless explicitly configured by the Evaluator for Evaluator's own purposes.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Leon County, Florida. Evaluator hereby consents to personal jurisdiction in such courts.

General Provisions

12.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements relating to the Software.

12.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.3 No Waiver

Licensor's failure to enforce any provision of this Agreement shall not constitute a waiver of Licensor's right to enforce such provision at a later time.

12.4 Amendment

Licensor reserves the right to modify these Terms of Use at any time. Updated terms will be posted at hyperiondataforge.com prior to distribution of any new version of the Software. Continued use of the Software following notice of updated terms constitutes acceptance.

12.5 Contact and Notices

All inquiries, notices, and requests for commercial licensing should be directed to: