Non-Disclosure Agreement

Effective: 4 October 2026.

1. Confidential Information. Each party's Confidential Information is the information it discloses to the other in connection with the services. For the Client it includes the source code, data, benchmark inputs (including hidden inputs), measurement results and information about its projects. For the Provider it includes the optimisation methods, the optimiser, the transformed sources, the reports and any other information on how a speed-up is achieved.

2. Use and disclosure. Each party uses the other party's Confidential Information only to perform or exercise its rights under the agreed services, protects it with reasonable care and discloses it only to personnel and professional advisers who need it for that purpose and are bound by confidentiality duties. The Provider may also disclose information to the recipients named in the Recipients Schedule under the DPA, and either party may disclose necessary information to an agreed referee, expert or auditor under confidentiality safeguards. Each party is responsible for its permitted recipients. The Provider does not use the Client's Confidential Information in work for other clients. The Client may disclose and distribute the delivered binary, together with accompanying documentation expressly designated for redistribution, to the extent permitted by the licence in the Terms of Service; this permission does not extend to the Provider's optimiser, transformed sources, non-public methods or confidential reports, and does not enlarge the trial licence.

3. Protection of the Client's materials. The Provider stores the Client's project materials encrypted with a separate key for each project and returns or deletes them under the retention and deletion arrangements of the DPA; confidentiality continues for any information lawfully retained.

4. Exceptions. Information is not Confidential Information to the extent the receiving party shows that it was lawfully public, was already lawfully held by it without restriction, was developed independently without use of the disclosed information, or was lawfully obtained from another source without restriction. A disclosure required by law is limited to what is required, with advance notice where lawful. These exceptions do not permit disclosure merely because the recipient remembers the information.

5. Rights and general methods. Each party keeps its pre-existing intellectual property and its rights in its own materials. Subject to that, the Provider keeps its rights in its optimiser, its tools and the general methods it develops while performing the services, and may reuse general skills and methods only without using or disclosing the Client's Confidential Information, without incorporating the Client's protected materials and without enabling reconstruction of the Client's confidential code, data or the purpose of its algorithm. This clause transfers no existing rights of the Client or of third parties.

6. The build. Except for a source-code release under clause 8 of the Terms of Service, the Client receives only the build and the report. The Client does not decompile, disassemble or otherwise analyse the build in order to discover the Provider's methods, except to the extent that such a restriction is prohibited by applicable law. Integration, execution, agreed measurement and correctness testing of the build are permitted. Security testing of the build is also permitted, including by contractors bound by confidentiality: static or dynamic analysis, fuzzing, sanitisers, and manual or automated inspection reasonably necessary to identify or verify security issues. Testing must be directed at assessing the build's security, not at obtaining the Provider's methods for another purpose; incidental discovery of a method in the course of permitted testing does not by itself breach this clause. The Client and those contractors may share findings, including technical detail reasonably necessary to explain the issues, in confidence with the Client, the Provider and recipients permitted under clause 2 for assessing and addressing those issues. Other use or disclosure of the Provider's Confidential Information remains subject to clauses 2 and 4.

7. Hidden inputs. Part of the Client's data is held back until acceptance, so that the speed-up is not fitted to the benchmark. The Client provides this data in encrypted form; the hash of the encrypted archive is recorded in the measurement passport, and the Client provides the key once the build is ready.

8. Duration. This Agreement remains in force indefinitely with respect to information disclosed before its termination.