Evaluation Sample Program

This Agreement is between QuantumMatter, Inc. ("QuantumMatter") and the individual submitting this form ("Recipient"). By signing and submitting, Recipient agrees to be legally bound by all terms herein.

Subject to availability, QuantumMatter will provide one InAs/epi-Al heterostructure sample (the "Sample") at no charge for evaluation purposes only. This does not constitute a commercial sale.

The Sample may be used for non-commercial academic research, laboratory evaluation, and publication of scientific results subject to Section 5.

Recipient shall not: use the Sample for commercial purposes or product development; transfer or redistribute it to third parties; reverse engineer QuantumMatter's growth processes; or remove any identifying markings.

Any publication or presentation using results from this Sample must acknowledge QuantumMatter. Suggested language:

"Heterostructure materials provided by QuantumMatter, Inc. (quantummatter.com)."

This requirement applies to free samples only and does not apply to purchased material.

Recipient agrees to keep confidential any non-public technical information provided by QuantumMatter. Publication of scientific results is permitted provided it does not disclose QuantumMatter's proprietary process specifications.

The Sample is provided "as is" without warranty of any kind. QuantumMatter makes no guarantee regarding fitness for any particular purpose or freedom from defects.

All IP rights in the Sample and QuantumMatter's growth processes remain exclusively with QuantumMatter. No patent, trade secret, or other IP license is granted beyond the right to use the Sample per Section 3.

QuantumMatter shall not be liable for any indirect, incidental, or consequential damages. Total liability under this Agreement shall not exceed the value of the Sample ($0).

This Agreement is governed by the laws of the State of New York. Disputes shall be resolved exclusively in state or federal courts in New York County.

Typing your full legal name in the signature field constitutes an electronic signature with the same legal effect as a handwritten signature under the E-SIGN Act (15 U.S.C. § 7001).