ONEPLUS SOFTWARE BETA TESTING NON-DISCLOSURE AGREEMENT

THIS ONEPLUS SOFTWARE BETA TESTING NON-DISCLOSURE AGREEMENT (“Agreement”),

effective _ (“Effective Date”), is entered into between OnePlus Technology (Shenzhen)
Co., Ltd., a company having office at 18/F, Tower C, Tai Ran Building, No.8 Tai Ran Road, Shenzhen,
China (“OnePlus”) and [. ] (“you” or “[_______]”).Each OnePlus and you may be referred to
herein individually as a “Party”, or collectively as the “Parties”. For good and valuable consideration,
the receipt of which you hereby acknowledge, you hereby agree to the following:

1. PURPOSE

OnePlus wishes to allow you to test and evaluate OnePlus software currently in beta testing phase (the
“Software”) for a time period between this Agreement’s Effective Date and the end of the testing
period (“End Date”). The time period between the Effective Date and the End Date shall be known
as the “Embargo Period”. In order to facilitate review and testing of the Software, OnePlus will
provide you a beta testing version of the Software, which you may privately test and evaluate during
the Embargo Period. Your testing of the Software during the Embargo Period will constitute
participation in OnePlus’s Beta Testing Program (“Program”). This collaboration will result in the
disclosure to you of certain confidential information related to the Software. OnePlus desires you to
treat such information as confidential.

2. CONFIDENTIAL INFORMATION

A. Definition. “Confidential Information” means specific Software features, specs, designs,

names, colors, or any other characteristic(s) of the Software not generally known to the public
during the Embargo Period.

B. Non-confidential Information. Confidential Information shall not, however, include any

information that is or becomes available to the public through no breach of this Agreement.

C. Compelled Disclosure.Notwithstanding anything contained herein to the contrary, if you are

required to disclose any Confidential Information due to any government or judicial order, you
will, to the extent feasible and legally permissible, provide OnePlus prompt written notice, and
will use reasonable efforts to assist OnePlus in seeking a protective order or another
appropriate remedy if available.

3. NONUSE AND NONDISCLOSURE

A. You shall not use any of OnePlus’s Confidential Information for any purpose except to review
and evaluate the Software.

B. You hereby acknowledge that any review or discussion of the Software shall not occur until
after the End Date.

C. During the Embargo Period, you agree not to post any reviews, comparisons, or opinions
regarding the Software on any offline, online, including social, or any medium.
 D. Your use of the Confidential Information shall be non-exclusive.

4. MAINTENANCE OF CONFIDENTIALITY

A. You shall take reasonable measures to protect the secrecy of and avoid disclosure and
unauthorized use of OnePlus’s Confidential Information. You shall use your best endeavors
to ensure that no specific features, design elements, or any other characteristics of the
Software are disclosed prior to the end of the Embargo Period.

B. Other than as permitted herein: (i) you shall keep confidential the nature, characteristics,
appearance and features of the Software; and (ii) you may not use the Software for any
reason other than review purposes whatsoever.

C. In the event that, for whatever reason, that you do not comply with the terms of this
Agreement and or disclose OnePlus’s Confidential Information without OnePlus’s prior
express written consent, you shall be liable to pay OnePlus a penalty ofUSD $5,000
(FiveThousand US Dollars Only) for each culpable violation. You hereby waive any and all
defences to the reasonableness of this amount.

D. The foregoing shall in no way limit OnePlus’s rights and remedies at either law or equity,
including but not limited to the right to monetary compensation for actual losses incurred and
the right to seek injunctive relief.

5. NO WARRANTY

THE CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” ONEPLUS MAKES NO

WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING THE ACCURACY,
COMPLETENESS, OR PERFORMANCE OF ANY CONFIDENTIAL INFORMATION, OR WITH
RESPECT TO NON-INFRINGEMENT OR OTHER VIOLATION OF ANY INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES.

6. RETURN OF MATERIALS

You shall delete with Software immediately upon the end of the Embargo Period or if your
participation in the Program is terminated before the End Date. You shall in no way store, or cause
to be stored, any copies of the Software, or any portions or variants thereof, on any physical devices,
in the Cloud, or in any other medium.

7. NO LICENSE

Nothing in this Agreement is intended to grant you any rights in, or license to, any patent, mask work
right, trademark right, or copyright of OnePlus, nor shall this Agreement grant you any rights in, or
to,OnePlus’s Confidential Information, except as expressly set forth in this Agreement.

8. TERM

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Your obligations under this Agreement shall extend for the duration of the Embargo Period and end
on the End Date. The End Date shall be eighteen (18) calendar months from the Effective Date.

9. MISCELLANEOUS

A. This Agreement will be interpreted and construed in accordance with the laws of Hong Kong,
without regard to conflict of law principles.

B. You agree that any violation or threatened violation of this Agreement may cause irreparable
injury to OnePlus, entitling OnePlus to seek injunctive relief in addition to all legal remedies.

C. Any dispute arising out of or in connection with this Agreement, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved by
arbitration in accordance with arbitration rules of Hong Kong International Arbitration Centre
(HKIAC) for the time being in force, which rules are deemed to be incorporated by reference
in this clause.. For the sake of convenience of both Parties, the venue of arbitration shall be
Hong Kong. Further, the language to be used in arbitration shall be English.

D. This Agreement shall bind and inure to the benefit of the Parties and their respective successors
and permitted assigns and may not be transferred without the prior written consent of OnePlus.

E. In addition to any other remedies available under this contract or law, should you violate any
part of this agreement, you may be prohibited from gaining either any future opportunities in
connection with OnePlus, including but not limited to assets, press opportunities and
information.

F. This Agreement contains the entire agreement between the Parties with respect to the subject
matter hereof and supersedes all prior written and oral agreements between the Parties
regarding such subject matter.

G. If a court or other body of competent jurisdiction finds, or the Parties mutually believe, any
provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision
will be enforced to the maximum extent permissible so as to effect the intent of the Parties,
and the remainder of this Agreement will continue in full force and effect.

H. No provision of this Agreement may be waived except by a writing executed by the Party
against whom the waiver is to be effective.

I. A Party’s failure to enforce any provision of this Agreement shall neither be construed as a
waiver of the provision nor prevent the Party from enforcing any other provision of this
Agreement.

J. The Parties may execute this Agreement in counterparts, each of which is deemed an original,
but all of which together constitute one and the same agreement. This Agreement may be
delivered by facsimile transmission, and facsimile copies of executed signature pages shall be
binding as originals.

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IN WITNESS WHEREOF, the Parties by their duly authorized representatives have executed this
Agreement as of the Effective Date.

OnePlus Technology (Shenzhen) Co., Ltd. [Insert Name]

Date: Date:

Name: Manu Jayan Name:

Title: PM Beta Program Affiliation: Beta Tester

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