Lyve Mobile Data Transfer Solution Provider Service Terms

These Lyve Mobile Data Transfer Solution Provider Service Terms (referred to herein as “Services Agreement”) are entered into by you (“you” or “your”) and the following Seagate contracting party (“Seagate”) subject to the Eligible Countries for Lyve Mobile in Appendix 1:

This Services Agreement governs your use of, access to, purchase of, and resale of the Lyve Mobile Data Transfer Services, with respect to your resellers of the Lyve Mobile Data Transfer Services (“your resellers”) and your and your resellers’ end customers of the Lyve Mobile Data Transfer Services (“end customers”)(collectively, “Customers”). “Lyve Mobile Data Transfer Services” means Seagate data transport as a service, a high-capacity, scalable, modular edge storage solution that enables businesses to aggregate, store, move, and activate data in a fast and efficient manner. The Lyve Mobile Data Transfer Services are also referred to as the “Lyve Mobile Services” and as the “Services” herein.  Certain Services include Hardware subscriptions.

Please read this Services Agreement carefully before you use, purchase, or resell the Services. By clicking “I AGREE”, agreeing to an agreement or Order with Seagate that incorporates this Services Agreement, or by accessing, purchasing, reselling, or using the Services, you accept and agree to be bound and abide by this Services Agreement. If you do not agree to this Services Agreement, do not use or resell the Services.

This Services Agreement is effective as of the date you first access or purchase the Services identified in an Order, unless an earlier date is specified in your Solution Provider Agreement with Seagate. The terms of this Services Agreement shall remain in effect until expiration of the Subscription Term (including with respect to Customer Orders accepted by Seagate during the term of your Solution Provider Agreement) unless terminated earlier in accordance with the terms of this Services Agreement or the Solution Provider Agreement.

By entering into this Services Agreement and accessing, purchasing, reselling, or using the Services, you represent and warrant that you are of legal age and capable of forming a binding contract with Seagate. If you are entering into this Services Agreement on behalf of a company or other entity, then you represent that you are an agent of that company or entity and are authorized to enter into this Services Agreement on behalf of that company or entity, and in such case, the term “you” as used in this Services Agreement refers to your company or entity.

1. SERVICE TERMS
   1. Solution Provider & Lyve Portal Agreement and Solution Provider Plan. This Services Agreement incorporates by reference the Solution Provider & Lyve Portal Agreement located at  https://www.seagate.com/legal-privacy/lyve/reseller-agreement/  (“Solution Provider Agreement”). The resale of the Services (including use for purposes of providing solutions or services to your Customers (“Solutions”)), is conditioned on your compliance with the Solution Provider Plan terms applicable to your Service.  The standard Solution Provider Plan terms for the Service are located at: https://www.seagate.com/legal-privacy/lyve/solution-provider-plan/  and apply to your Orders and activities conducted as a Solution Provider of this Service unless you agree to a separate Solution Provider Plan with Seagate for the Order. To the extent of a conflict between the terms of the Solution Provider Agreement, this Services Agreement, and/or the Solution Provider Plan terms, the following order of precedent shall apply: Solution Provider Plan terms, then this Services Agreement, then the Solution Provider Agreement. Terms defined in the Solution Provider Agreement have the same meaning in this Services Agreement unless otherwise defined herein.
   2. Lyve Data Privacy Agreement. This Services Agreement incorporates the Lyve Data Privacy Agreement (“Lyve DPA”) when your or your Customers’ use of the Services includes the processing of Personal Data. The Lyve DPA is available at https://www.seagate.com/legal-privacy/lyve/. For purposes of this incorporation by reference, use of the term “Company” in the Lyve DPA refers to the term “you” (or “your” as applicable) as used in this Services Agreement. If you or your Customers collect, store, process, or transmit Personal Data in your or your Customers’ use of the Services, you or your Customer shall provide legally adequate privacy notices and obtain all necessary consents and possess lawful grounds for the processing of the Personal Data using the Services.
   3. Access and Use. Subject to the terms of this Services Agreement, Seagate grants you a nontransferable, non-sublicensable, nonexclusive, revocable right to access and use, and resell to your Customers the Services in the jurisdictions listed in Appendix 1 during the Subscription Term (defined in Paragraph 2.1 below) provided that resale is limited to the Territory set forth in the Solution Provider Plan terms. Your rights and responsibilities relating to end use of any software included with or provided as part of the Services are governed by separate end-user license agreements. You shall comply with the terms of all end-user license agreements that are either included in this Services Agreement, the Order, or accompanying the Services (“EULAs”) for software you access or use as an end user in connection with the Services. The EULA for Services (“EULA”) is located at https://www.seagate.com/legal/lyve-mobile-seagate-systems-leasing/eula/. To the extent of a conflict between the terms of this Services Agreement and the EULA, the EULA will control with respect to the subject matter of the EULA.
   4. Additional Services. There may be other services available to you or your Customers. All other services are subject to the terms and fees that apply to that service.
   5. Upgrades. You shall promptly apply any upgrades, patches, bug fixes, or other maintenance to the Services as they are made available by Seagate.
   6. Compliance with Service Specifications. You shall comply with the instructions, user manual, and specifications provided for the applicable Services and resale thereof.
   7. Limited Warranties. The limited warranties set forth in Section 8 of the Solution Provider Agreement apply to this Services Agreement. Those limited warranties are the exclusive warranties offered by Seagate for the Services. The warranty limitations and exceptions of the Solution Provider Agreement apply to this Services Agreement. The Services are not fail-safe and are not designed or intended for use in High-Risk Activities requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property, or environment. You assume the risks of any damages resulting from your use of the Services in connection with High-Risk Activities. Seagate will not be liable for any inconvenience, loss, liability, or damage resulting from High-Risk Activities.
   8. Solution Provider Service Plans. As a Solution Provider user, you may select a “Project Plan” or an “Up-Front Payment Plan” for the Services. Neither the Solution Provider Service plans, nor the business Service plans made available by Seagate to business user end customers, are provided or intended for personal, family, or household use or purposes, and you agree not to use or resell the Services to end customers for such purposes.
   9. Prohibited Use. You shall not, and shall not allow any third party, Customer, or Authorized User to use the Portal or Services for the purpose of cryptocurrency or other distributed-ledger technology including for plotting, creating ash, mining, farming, pooling, coining or any related activities.
2. PROJECT PLAN
   1. Minimum Term. The term of the Services is set forth in the Order for the Services based on the available options you select (the “Subscription  -Term”). The Subscription Term as used in this Services Agreement has the same meaning as assigned to “Services Period” in the Solution Provider Agreement. The Subscription Term for Project Plan subscriptions will be set forth in the Order, with a  minimum term of 10 days unless the Order states otherwise. The subscription becomes active based on the estimated arrival date of Hardware shipped to the delivery address plus one day.
   2. Renewals. Upon expiration of the Subscription Term, the Services will auto-renew for recurring monthly terms unless you or your Customer: (1) initiates a return of the Hardware during the Subscription Term through the Portal or contact a Seagate support agent or representative for the Services, and (2) return the Hardware to Seagate in accordance with the terms of this Services Agreement.
   3. Cancellation. You may cancel a Subscription Term on your own account or that of your Customer (when acting with their authorization and on their behalf as their solution provider or reseller) and initiate return of Hardware at any time through the account dashboard at the Portal or by contacting a Seagate support agent within the Portal. Seagate will issue a shipping label and other necessary information to return the Hardware. Seagate will daily-prorate fees for the final month of service, with the Subscription Term ending upon the date the Hardware is shipped back to Seagate’s designated facility (subject to receipt of all equipment in working order). You will continue to be charged for services on a recurring basis until the Hardware is returned, including all associated components and ancillary items.
3. UP-FRONT PAYMENT PLANS
   1. “Up-Front Plans”. For selected Services, you may have the option to pay up-front for designated commitment periods of subscription services. The Services offered under the Up-Front Plans are subject to renewal at the expiration of the Subscription Term.
   2. Minimum Term. The Subscription Term will be set forth in the Order.  The Subscription Term starts on the estimated arrival date the Hardware shipped to the Customer plus one day. The Semi-Annual Plan Subscription Term ends six full months after the activation date; the Annual Plan Subscription Term ends twelve full months after the activation date.
   3. Renewals. You (or your Customer) may renew the Services for an additional Subscription Term through the Portal or by contacting a Seagate sales representative for the Services.  As condition of renewal, Seagate may require return and replacement of some or all Hardware for purposes of diagnostics, updates, repair, and refurbishment. In such case, Seagate will send different Hardware of equal or greater performance as a replacement for existing Hardware at the start of the new Subscription Term. If you or your Customer do not renew the Services subscription you will have 7 calendar days to return all Hardware (including associated peripherals) after the last day of the Subscription Term. If you (or your Customer) do not return the Hardware after 7 calendar days, Seagate will charge you the current monthly "Project Plan” rate at list price (minus term-based or customer-based discounts) under a renewed  monthly Subscription Term. The subscription will continue to renew on a monthly basis until you (or your Customer) elect to terminate in accordance with the terms of this Services Agreement and Seagate has confirmed that all Hardware has been returned in working order. Hardware loss fees apply for Hardware loss and damage, as set forth in paragraph 6.5 below.
   4. Cancellation After ordering a "Semi-Annual" or "Annual" rate plan, you (or your Customer) may elect to return the Hardware and cancel the subscription within the first full month of the Subscription Term. If you (or your Customer) exercise this option, upon complete return of all Hardware, Seagate will issue you a refund in the form of a prorated account credit based on the remaining months left on the Subscription Term.  After the first full month of the Subscription Term, you (or your Customer) may return Hardware at any time and cancel a “Semi-Annual” or “Annual” rate plan subscription, but all upfront payments are non-refundable. Cancellation is not effective until all Hardware is returned. You will continue to be charged monthly at the “Project Plan” rate at list price (minus term-based or customer-based discounts) for each additional month of service or portion thereof until the Hardware is returned to Seagate.
   5. “Flex up” Amendment. You or your Customer may add or substitute different Hardware through the Portal under Up-Front Plans, subject to additional subscription and shipping fees. 
4. PRICING AND PAYMENTS
   1. Pricing. The Services pricing and fees are based on the pricing made available in the service selection and ordering process at the Portal and included in the Order.
   2. Initial Billing. The initial invoice will be issued upon the date of service activation after the Hardware is shipped, and may include one-time charges such as delivery shipping and other applicable up-front fees, as specified in the Order. Unless otherwise stated in this Services Agreement or the Order, payment of the initial invoice is non-refundable.
   3. Billing Cycle. You will be billed monthly in arrears for all recurring Services charges, unless you (or your Customer) have selected an Up-Front Plan and/or the Order states otherwise. Invoices will be issued monthly, based on the date of activation of your first subscription Services Order with Seagate. You may contact Seagate to request a different billing date. Depending on the date of Service activation the first bill (and last bill where applicable) may be daily-prorated for a partial month.
   4. Additional Fees. Unless otherwise stated on your Order, you shall pay a one-time charge to cover standard round-trip shipping of any Hardware units. Shipping fees may vary based on the region, type of hardware equipment, method of shipping, and other factors. Additionally, you may be required to pay fees or penalties related to professional services, special shipping arrangements, or loss or damage of hardware, including hardware cases.
5. HARDWARE TERMS
   1. Shipping Terms. Unless otherwise stated in your Order, Seagate will ship all Hardware DAP (Delivery at Place) of the destination (Incoterms 2020) provided that Seagate will be responsible for import clearance on Seagate shipments of Hardware to the Eligible Counties identified in Annex 1 of this Services Agreement (unless otherwise agreed by Seagate and you in writing) and you will be responsible for risk of loss as provided in Paragraph 5.3 below. Notwithstanding the preceding, for shipments of Hardware to Switzerland, you agree to be the importer of record responsible for clearing the goods for import and paying all import costs including any duties, taxes, or other clearance charges. All scheduled shipment dates are estimates only.
   2. Care and Maintenance. The Hardware shall be maintained (at your cost and financial responsibility) in the same condition as when it was initially received from Seagate (with the exception of ordinary wear and tear that results from normal use). You and your Customers shall comply with the provided instructions, user manual, and specifications for the Hardware. You and your Customers shall exercise the same degree of care toward the Hardware as exercised towards your own property of similar nature, but no less than reasonable care. You shall (and you shall require that your Customer) inform Seagate via the Portal (or other support contact mechanism designated by Seagate for the Services) to report any Hardware technical or operational issues, and enable Seagate or its designated service representative to provide support and other maintenance or replacement of Hardware.
   3. Risk of Loss. You (including for your Customer) bear the risk of loss or damage to the Hardware and any other items provided by Seagate, including any associated accessories, such as shipper cases, power supplies and cables, and connectors, from the point where it is delivered to you by Seagate until you return the Hardware to Seagate’s carrier properly packaged for return shipment to Seagate. If Hardware is lost or damaged, you are subject to a loss fee up to and including the fee(s) set forth in Paragraph 6.5 (“Hardware Loss Fee”). In addition, if Hardware becomes confiscated or subject to additional duties or fees as a result of failure by you or your Customer to accept the Hardware at the place of shipment or based on use of Hardware in violation of this Services Agreement, you shall pay the reasonable costs incurred by Seagate to recover the Hardware up to the designated Hardware Loss Fee. You are responsible for injuries to any person or property resulting from the use or possession of the Hardware. Seagate is not liable for any loss or damage to any person or property resulting from the use or possession of the Hardware.
   4. Title and Ownership. You and your Customer may use the Hardware as part of the Services, however Seagate retains all rights, title, and interest in and to the Hardware and related firmware. Seagate does not sell, lease, rent, or transfer to you or your Customer any rights or interests in the Hardware except for the limited usage rights expressly specified in this Services Agreement. You shall not remove or obscure any tags or markings that identify the Hardware as Seagate’s property. You shall sign any documents, instruments, recordings, or filings requested by Seagate to preserve Seagate’s interest in to the Hardware. You shall cooperate with Seagate in taking all reasonable measures to protect Seagate’s interest in the Hardware. You shall not attempt to transfer any legal interest in the Hardware to any third party.
   5. Protection from Encumbrances. You shall not allow the Hardware to be subject to any claims, liens, or encumbrances by any third parties asserting claims against you. You shall defend and indemnify Seagate against any third-party claims, liens, encumbrances, or seizure of the Hardware by any third party asserting claims against you. Seagate may exercise any available legal remedies to enforce its rights hereunder, including perfecting a security interest in the Hardware, repossessing the Hardware, or exercising other rights permitted by Law.
   6. Deployed Hardware. Seagate may expand, modify, substitute, replace, or remove any Hardware component deployed as a service at any time. Hardware returns, suspensions, and deactivation are further detailed below.
   7. Internet Connection Requirements and Hardware Access Codes. Per the accompanying instructions provided by Seagate, you or your Customer -shall establish an Internet connection that allows the Hardware to authenticate the host and your (or Customer’s) access credentials and grant you (or your Customer) access to the Services (by means of confidential unique access keys or codes), and to report location, usage, diagnostic, and telemetry data to Seagate. The credentials granting access to the Services expire after 30 days unless re-established while connected to the Internet or pre-defined through the user permissions set through the Portal account. Accordingly, at least once every 30 days you (or your Customer where applicable) shall establish an Internet connection to maintain access to the Hardware and Services. Failure to do so, may result in suspension of any rights to access or use the Services and applicable Hardware until you (or your Customer where applicable) establish an Internet connection sufficient to validate the access credentials. You remain responsible for all payment obligations for the Services even while your or your Customer’s access is suspended due to failure to connect to the Internet. You and your Customer must follow any additional logon procedures designated by Seagate to allow the Hardware to connect with Seagate’s servers. You acknowledge that your electronic communications will involve transmission over the Internet, which includes networks that are not owned or operated by Seagate. Seagate is not responsible for the reliability or performance of any Internet connections or networks not owned or operated by Seagate.
   8. Usage Environment and Installation Requirements. In any use of or interaction with the Hardware, you and your Customer must adhere to all Hardware specifications and maintenance guidelines, including all electricity, power, physical storage, and physical security requirements, before deploying the Hardware. You shall not modify the Hardware without the advance express written consent of Seagate. You and your Customer may install Seagate-provided firmware and software updates.
   9. Usage by Third Parties. Only Authorized Users may use Hardware provided under a Portal account or Order.
   10. International Trade Compliance. The Services and Hardware may include subscription products, services, technology, and software that are subject to the export/import control laws of the United States, including restrictions related to encryption technology, and may also be subject to the export/import laws of the country in which the Services and Hardware are provided and used. Services and Hardware are supported only in the countries specified in Appendix 1, and Seagate will not ship Hardware outside the list of approved countries. The Services and Hardware may not be: (a)  for Hardware and Services shipped by Seagate to or used in any member state of the European Union (“EU”) or United Kingdom, (i) used by a restricted party or a party owned or controlled by one or more restricted parties Consolidated Screening List (trade.gov)(EU restricted parties list are found on EU Consolidated Sanctions List); or (ii) used in destinations subject to other applicable economic sanctions; and (b) for Hardware and Services shipped by Seagate to or used outside the EU and United Kingdom, (i) used by a restricted party or a party owned or controlled by one or more restricted parties (U.S. government restricted parties lists are found at Consolidated Screening List (trade.gov)); or (ii) used in destinations subject to comprehensive U.S. embargoes on Cuba, Iran, North Korea, Syria, and the Crimea region or other occupied territories of Ukraine or in or in embargoed countries as determined by other applicable countries’ laws affecting the Services. Further, the Services and Hardware may not be used or engaged in activities related to weapons of mass destruction including, activities related to designing, developing, producing, or using nuclear weapons, materials, or facilities, missiles or long-range drones; or chemical or biological weapons; or military or military intelligence uses (including to process technical data controlled under the U. S. International Traffic in Arms Regulations). You shall make your Customers and Authorized Users aware of any export/import controls and other laws pertaining to Services and Hardware and you represent that you, your Customers and your Authorized Users shall fully comply with all such regulations and laws.
   11. Movement of Hardware. Subject to the terms of this Services Agreement, including the international trade requirements under Paragraph 5.10, above, you (and your Customer) may, at your respective sole risk and expense, transport the Hardware to different locations under your (or your Customer’s) control. In such case, you are responsible (and shall ensure that your Customers are responsible) for obtaining any import/export licenses, compliance with all appliable local laws with respect to your use, any product or producer registrations under applicable laws (including under or pursuant to any applicable waste electronic and electrical equipment ("WEEE") schemes), and paying any associated taxes or fees (including any applicable WEEE registration fees). Seagate is not responsible for any loss, damage, theft, or seizure of the Hardware or Your Data or that of your Customer. You must (and will ensure that your Customer shall as applicable) transport the Hardware back to the country of original deployment before shipping back to Seagate except where expressly approved by Seagate in writing, in which case additional shipping fees may apply. In all cases the Hardware must be returned to Seagate from within the Eligible Countries. Seagate’s ability to provide remedies to a failure of the limited functionality warranty (referenced in Paragraph 1.7 above) may be limited or not available if the Hardware is moved to a location other than the initial ship-to country. Seagate disclaims the limited functionality warranty with respect to Hardware moved to a location other than the initial ship-to country. You must (and will ensure that your Customer shall as applicable) promptly respond to our inquiries as to Hardware location and status.
6. RETURNS PROCESS
   1. Required Return, Return Notices. You (or your Customer) shall return the Hardware at the end of the Subscription Term as required by Seagate. In addition, Seagate may require return of Hardware at any time. Once you (or your Customer) have provided notice of intent to terminate the Services, or if Seagate requires Hardware return, Seagate will provide shipping instructions via the Portal or via a Seagate representative.
   2. Return Procedure. To return Hardware, you (or your Customer) shall: (a) promptly contact Seagate support at the Portal to initiate return of the Hardware (refer to the self-service hardware return menu in the Portal) to obtain return information and instructions; (b) return the Hardware to Seagate in accordance with Seagate’s reasonable shipping instructions;  (c) ensure that all information stored on the Hardware is removed in its entirety; and (d)  confirm in writing to Seagate that Your Data has been erased from the Hardware, once the erasure of Your Data has been fully completed.  The details for erasure shall be made available through the Portal (or a Seagate support agent). By providing Seagate data erasure confirmation on behalf of your Customer, you warrant that you have obtained such data erasure confirmation from your Customer. Specific supplemental Lyve Mobile Services are subject to varying return processes.  Your Order, the Portal, and any supplemental Service terms agreed by you for the supplement Service will provide the applicable returns process to the extent it varies from this paragraph.  
   3. No Responsibility for Your Data. Seagate will not be liable to you, your Customer, or any third party for Your Data or any other information remaining on the Hardware returned to Seagate. Seagate has the right to delete and destroy Your Data and any other information left on the Hardware.
   4. Inspection. Seagate or its agents may conduct routine hardware inspection and servicing following receipt of returned Hardware. Seagate will notify you of any repair or reasonable replacement costs associated with any damage to the Hardware while in your (or your Customer’s) possession or control (other than normal wear and tear).
   5. Deadline for Return and Hardware Loss Fees.  Your final statement will be daily pro-rated based on the date of return shipment, subject to Seagate’s confirmation that all Hardware is returned in working order according to this Services Agreement. Seagate may suspend or terminate access to Hardware remotely, including for failure to return Hardware as required by Seagate. If Seagate does not receive all components of the Hardware, Seagate may continue to charge you the subscription or Services fees until Seagate receives the returned the Hardware. If the Hardware is not returned to Seagate within 30 days after receipt of Seagate’s demand or within 30 days after termination or expiration of the Subscription Term, Seagate may charge the account a Hardware Loss Fee (including charges for unreturned Hardware accessories, per unit) up to the amounts shown below. The payment of the Hardware Loss Fee does not result in a sale of or the transfer of title to any Hardware. All Hardware remains the property of Seagate, and Seagate retains all right, title, and interest in and to the Hardware. There is no option for you or your Customer to purchase the Hardware. Even if the Hardware Loss Fee is paid in full, neither you nor your Customer obtains title to the Hardware and neither you nor your Customer shall use or resell the Hardware.

Hardware Type	Hardware Loss Fee (US Dollars)
Lyve Mobile Protective Case	$500
Lyve Mobile Shuttle (16 TB HDD)	$5,500
Lyve Mobile Shuttle (8 TB SSD)	$6,500
Lyve Mobile Array (60TB HDD)	$25,000
Lyve Mobile Array (96TB HDD)	$30,000
Lyve Mobile Array (46TB SSD)	$40,000
Lyve Mobile Array (92TB SSD)	$70,000
Lyve Mobile Rackmount Receiver (any model)	$5,000
PCIe Adapter	$500
Car Mount	$500
Accessory (per unit)	up to $800

7. SUPPORT AND MAINTENANCE
   1. Service and Maintenance Requests. You (or your Customer) must notify Seagate immediately if the Hardware is damaged or not working properly. You (and your Customer) may not modify or remove any component of the Hardware. No party other than Seagate or its service representative may perform maintenance or service on Hardware.
   2. Site and Equipment Access. You shall cooperate with Seagate and your Customer to grant Seagate or its designated service representative physical access to the Hardware as well as access to required electricity and/or internet connection.
   3. Responding to Support Requests. Seagate or its representative will contact you to address the Hardware issue reported by you. Seagate may be able to provide support with the Hardware remaining on your (or your Customers’) premise, or Seagate may ship you (or your Customer where applicable) replacement Hardware to address the issue and provide you with instructions and materials for Hardware to be returned to Seagate.
   4. Software and Firmware Upgrades. Seagate may periodically update Hardware software and/or firmware remotely. You (and your Customer) shall ensure that the Hardware has been updated with the latest software/firmware versions and security upgrades made available by Seagate.
   5. Third Party Service Providers. Seagate may designate a third party to service or maintain the Hardware (including 24/7 remote hands as well as onsite servicing, subject to availability). Third parties who have not been designated by Seagate as service representatives are restricted from interacting with or servicing Hardware, or the software or firmware provided with the Mobile Service.
   6. Advance Replacement and Substitute Hardware.  If Seagate requires Hardware return for support or technical issues during a Subscription Term, substitute Hardware will be provided reasonably in advance to allow transfer of the data stored on the Hardware. Where advanced replacement is offered by Seagate, as a condition thereof, the Hardware unit for return (“Return Unit”) must be returned to Seagate’s designated location within 30 days of your (or your Customer’s) receipt of the advance replacement Hardware unit (“AR Unit”). If the Return Unit is not returned within 30 days, your account will be charged the standard monthly subscription fee for the Return Unit until you return the Return Unit. In addition, Seagate may charge a lost hardware fee as described above. You and your Customers are responsible for backing-up and transferring all data stored on any Hardware prior to return or deactivation of the Hardware. Except as expressly instructed otherwise by Seagate for advance replacement or substitute Hardware, follow the return instructions in Section 6.
   7. Telemetry. You (and your Customer) acknowledge and agree that the shipping materials and case for the Hardware may include a property tracking device for purposes of reporting location and related information about the Hardware to Seagate as part of the Telemetry Data. You shall not (and you shall not allow your Customers to) remove, modify or disable the property tracking device, except with Seagate instruction.
8. ADDITIONAL TERMS
   1. Prohibited Use. In addition to the prohibitions included in the Solution Provider Agreement, you agree that you shall not, and shall not allow any third party, Customer, or Authorized User to use the Portal or Services for the purpose of cryptocurrency or other distributed-ledger technology including for plotting, creating ash, mining, farming, pooling, coining or any related activities.

APPENDIX 1

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LYVE MOBILE DATA TRANSFER SOLUTION PROVIDER SERVICE TERMS

ELIGIBLE COUNTRIES

Services are available to customers located (established) in the following countries. Seagate will ship Hardware only to customers and customer addresses located in these counties:

AMERICAS

• United States of America

EMEA. Certain territories within this region are subject to special VAT treatment as described further below

• Austria
• Belgium
• Croatia
• Cyprus
• Czech Republic*
• Denmark
• Finland
• France
• Germany
• Greece
• Ireland*
• Italy
• Latvia
• Malta
• The Netherlands
• Norway
• Poland*
• Portugal
• Romania
• Slovakia
• Slovenia
• Spain*
• Sweden
• Switzerland
• United Kingdom

*Required disclosure of certain product registration numbers and battery take-back legislation: Ireland WEEE Registration #3447WB; Spain WEEE Registration #7783, Poland WEEE and Battery registration # 000579663, Spain Batteries Registration # 2308; for Czech Republic Seagate is registered with ECOBAT take-back collective scheme (see www.ecobat.cz) and Seagate fulfills its legislative obligations regarding take-back of batteries. Consistent with section 14(2) of Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (see https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32012L0019), you are required to return Hardware at the end of the Subscription Term per Section 6 of this Services Agreement.

Special VAT Treatment Territories. The territories listed below are considered outside the application of the Council Directive 2006/112/EC on the common system of the -value added tax (“VAT”) of the European Union. To receive Services or have Hardware shipped to these locations, you must obtain explicit approval from Seagate in advance that Seagate is able to provide the Services and any included Hardware per local VAT requirements. 

• The Åland Islands (Finland)
• The French overseas departments (France)
• Mount Athos (Greece)
• The Island of Heligoland (Germany)
• The territory of Büsingen (Germany)
• Livigno (Italy)
• Campione d'Italia (Italy)
• The Italian waters of Lake Lugano (Italy)
• The Canary Islands (Spain)
• Ceuta (Spain)
• Melilla (Spain)
• The Channel Islands (United Kingdom)

Version: June 20, 2023