RESFRAC EVALUATION AGREEMENT Welcome, and thank you for your interest in ResFrac Corporation, Delaware corporation with offices at 555 Bryant St. #185 Palo Alto, CA 94301 ("ResFrac") and ResFrac's proprietary software-as-a-service platform for running subsurface modeling and reservoir simulations (the "Service"). This Evaluation Agreement ("Agreement") is effective as of the date that you enter into this Agreement (the "Effective Date") and is a legally binding contract between you and ResFrac regarding your internal evaluation of the Service. For purposes of this Agreement, the terms "Licensee" or "you" refers to the entity, company, or organization entering into this Agreement. If any individual is entering into this Agreement on behalf of Evaluator, such individual represents and warrants that he/she has the authority to bind Licensee to this Agreement and agrees to be bound by this Agreement on behalf of Evaluator. PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY. BY CLICKING "I ACCEPT," LICENSEE IS ENTERING INTO THIS AGREEMENT AND LICENSEE ACKNOWLEDGES AND AGREES THAT LICENSEE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS IN THIS AGREEMENT. If Licensee does not agree to the terms and conditions of this Agreement, Evaluator may not access or use the Service. ResFrac Technology 1.1. Service. ResFrac grants Licensee a right to access and use on an evaluation basis via the Software, ResFrac's "ResFrac" platform (the "Service") to run subsurface modeling and reservoir simulation(s). 1.2. Software License. Subject to the terms and conditions of this Agreement, ResFrac grants Licensee a limited, royalty-free, nonexclusive, nontransferable, non-assignable, internal use only license during the Term, (without the right to sublicense) to: (i) install and use ResFrac's proprietary software application provided to Licensee pursuant to this Agreement (the "Software") solely in connection with accessing and using the Service pursuant to this Agreement; and (ii) use any supporting documentation provided by ResFrac to Licensee (the "Documentation") in connection with Licensee's use of the Software and Service hereunder. 1.3. Restrictions. The Software, Service, and Documentation (the "ResFrac Technology") are provided or licensed to Licensee, as applicable, solely for Licensee's internal evaluation. Licensee shall not, and shall not permit any third party to: (i) modify or create any derivative works based on the ResFrac Technology or any portion of thereof; (ii) distribute, rent, lease, lend, sublicense, transfer, make available to any third party, or provide any third party access or the benefits of or to any ResFrac Technology or use the Software or Service on a service bureau basis; (iii) reproduce any ResFrac Technology except, with respect to the Software and Documentation, as necessary to exercise Licensee's rights under Section 1.1; (iv) decompile, disassemble, or reverse engineer the Software or Service or otherwise attempt to derive from the Software or Service any underlying algorithms, ideas, structures, techniques or source code not otherwise made available to Licensee; (v) write or develop any program based upon the Service or any portion or software applications thereof, or otherwise use the Service in any manner for the purpose of developing, distributing or making accessible products or services that compete with the Service; (vi) circumvent or otherwise interfere with any authentication, use limitation, or security measures of the Service, or otherwise interfere with or disrupt the integrity or performance thereof; (vii) use any ResFrac Technology for purposes of gathering competitive intelligence about ResFrac or the ResFrac Technology; or (viii) access or use any ResFrac Technology other than as expressly permitted herein. 2. Ownership. All right, title, and interest in and to the ResFrac Technology is owned exclusively by ResFrac. ResFrac may, at any time and in its sole discretion, replace, modify, alter, improve, enhance, or change any of the ResFrac Technology. The license to the Software granted hereunder is a license and not a sale, and nothing herein grants or transfers to Licensee any title or ownership interest in or to any ResFrac Technology or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related to ResFrac or the ResFrac Technology. ResFrac may monitor and collect data regarding the use, operation, and performance of the Service; provided that the foregoing is not a grant for ResFrac to access or make use of any Submitted Data. Notwithstanding anything to the contrary herein, Licensee acknowledges and agrees that any feedback information that Licensee discloses or submits to ResFrac regarding the ResFrac Technology and any information or data that ResFrac derives, collects, or observes based on the performance, operation, and use of the ResFrac Technology may be used or exploited by ResFrac to improve the ResFrac Technology. Licensee hereby grants ResFrac a limited right to use data submitted by Licensee to the Service ("Submitted Data") solely for the purpose of operating the Service as made available to Licensee hereunder.. ResFrac agrees that it will not retain Submitted Data beyond the termination of this Agreement. 3. No Warranties. LICENSEE AGREES THAT THE RESFRAC TECHNOLOGY IS BEING PROVIDED ON AN EVALUATION BASIS ONLY. ACCORDINGLY, THE RESFRAC TECHNOLOGY IS LICENSED AND PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. RESFRAC HEREBY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE RESFRAC TECHNOLOGY, THE OPERATION THEREOF, AND LICENSEE'S ACCESS TO AND USE THEREOF. RESFRAC SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. RESFRAC DOES NOT WARRANT THAT THE RESFRAC TECHNOLOGY WILL BE ERROR-FREE OR THAT IT WILL WORK WITHOUT INTERRUPTION. LICENSEE ACKNOWLEDGES THAT RESFRAC REGULARLY ERASES FROM ITS SYSTEMS, WITHOUT BACKUPS, SUBMITTED DATA FOR WHICH PROCESSING HAS BEEN COMPLETED. LICENSEE AGREES THAT RESFRAC WILL NOT BE RESPONSIBLE FOR ANY LOSS OF SUBMITTED DATA OR ANY FAILURE TO MAINTAIN, STORE, OR BACKUP ANY SUBMITTED DATA. 4. Term and Termination. This Agreement shall commence on the Effective Date and continue for 30 days (the "Term") unless otherwise terminated as set forth herein. ResFrac may terminate this Agreement and the licenses and rights granted herein immediately upon written notice in the event that Licensee fails to comply with all of the terms and conditions of this Agreement. Within 10 days after termination or expiration of this Agreement, Licensee shall return or, at ResFrac's discretion, destroy and provide written certification of the destruction of any copies of the ResFrac Technology. Sections 1.3 and 2 through 7 shall survive any termination or expiration of this Agreement 5. Limitation of Liability. IN NO EVENT WILL RESFRAC BE LIABLE FOR ANY DAMAGES RELATING TO ANY LOSS OF SYSTEM AVAILABILITY, LOSS OF COMPUTER RUN TIME, LOST PROFITS, COST OF COVER OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM THE USE OF THE RESFRAC TECHNOLOGY, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY EVEN IF RESFRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THIS IS A REASONABLE ALLOCATION OF RISK. 6. Compliance with Laws. Licensee warrants that it will comply in all respects with all applicable laws, including Export Administration Regulations, as applicable, and all other U.S. export and re-export restrictions applicable to the ResFrac Technology licensed hereunder. 7. Miscellaneous. Licensee shall not assign, sublicense, or otherwise transfer, by agreement or operation of law, the rights or licenses granted to it hereunder without the prior written consent of ResFrac, and all assignments in violation of this prohibition shall be null and void. This Agreement is the entire agreement between the parties relating to the subject matter hereof and may only be modified in a writing signed by both parties. This Agreement shall be governed by the laws of the State of California without reference to conflicts of law principles. In any dispute arising out of this Agreement, ResFrac and Licensee each consent to the jurisdiction of both the state and federal courts of Santa Clara County, California and agree to bring any actions arising out of this Agreement in such courts. If any provision or clause of this Agreement is held unenforceable, the remainder of this Agreement will continue in full force and effect.