EigenCompute Terms

Last Revised: November 4, 2025

The EigenCompute Terms ("EigenCompute Terms") to our Terms of Service (made available at https://docs.eigencloud.xyz/products/eigenlayer/legal/terms-of-service), or any other agreement you ("Customer" or "you") have entered with Eigen Labs, Inc. ("Eigen Labs", "we", or "us") governing the provision of the EigenCompute cloud-based platform or software services to you (collectively, the "Terms") form a part of the Terms. The EigenCompute Terms are effective as of the date you first access and use the EigenCompute Services ("Effective Date") and apply to your use of the EigenCompute Services (as defined below).

By accessing or using the EigenCompute Services, you agree to be bound by the EigenCompute Terms. Except as set forth below, all other terms and conditions of the Terms are incorporated by reference and will remain in full force and effect. If any EigenCompute Terms conflict with the Terms, the conflicting EigenCompute Terms will control with respect to the EigenCompute Services. The EigenCompute Terms supersede all other understandings or agreements between you and Eigen Labs regarding the EigenCompute Services. Capitalized terms used but not defined herein shall have the meaning given in the Terms.

IF YOU ARE ENTERING INTO THESE EigenCompute TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THESE TERMS, IN WHICH CASE "CUSTOMER" OR "YOU" (WHETHER OR NOT CAPITALIZED) MEANS THE ENTITY YOU REPRESENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE EIGENCOMPUTE TERMS YOU SHOULD NOT ACCEPT THE EIGENCOMPPUTE TERMS AND MAY NOT USE THE EIGENCOMPUTE SERVICES.

1. The Services

Eigen Labs provides a verifiable compute service that allows users to package code into an isolated computing environment and deploy it via an EigenCompute API, including to a Trusted Execution Environment (TEE) and any related services (the "EigenCompute Services"). Eigen Labs currently provides the EigenCompute Services through Google Cloud Platform and reserves the right to provide EigenCompute Services, including TEEs, through other third-party hosting services.

2. Temporary Use License

During the period for which you are authorized to use the EigenCompute Services, and subject to your compliance with the EigenCompute Terms, you are granted a personal, non-sublicensable, non-exclusive, non-transferable, limited license, to use the EigenCompute Services for your internal business or personal purposes according to the service capacity of your account. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Eigen Labs or any third-party is granted to you in connection with the EigenCompute Services.

3. Your Content

You are solely responsible for all software, code, data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the EigenCompute Services ("Your Content"). You are responsible for maintaining the confidentiality of usernames, passwords and private keys associated with your account and for all activities that occur under your account. Eigen Labs reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the EigenCompute Services, you grant Eigen Labs a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, reproduce, distribute, display, publish, store and perform Your Content as necessary to provide the EigenCompute Services and for security to protect the EigenCompute Services and third parties from fraud, malware, malicious files or content, viruses and the like. You further agree that Eigen Labs may remove or disable any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to Your Content), or for no reason at all; provided, that if you are a user of the EigenCompute Services in the European Economic Area (i) we will remove or disable Your Content or impose restrictions on your use of the EigenCompute Services in accordance with applicable laws including if it is illegal content, infringes the rights of third parties, or breaches these EigenCompute Terms; and (ii) if we remove, block or restrict your use of the EigenCompute Services or Your Content, you, and any third party that may have informed us about your use of the EigenCompute Services or Your Content, may contact us about our decision at notices@eigenlabs.org and we will review and consider your message with a view to promptly resolving any complaint and, if appropriate, we will explain any options you have to request another review.

4. Acceptable Use

Your use of the EigenCompute Services must comply with our Acceptable Use Policy, which is incorporated by reference.

5. Security and Compliance

   a) General. You shall configure Your Content, including any of your projects or deployments, such that the transmission, storage, or use in any way will not expose personal data or personal information without proper consent from individuals as determined by applicable law. You shall configure the EigenCompute Services in accordance with the Documentation and properly implement encryption as set forth in the Documentation. Eigen Labs implements regular backups of Your Content and you shall also maintain your own backups of Your Content. Eigen Labs will have no liability to you for any unauthorized access or use of any of Your Content or any corruption, deletion, destruction or loss of any Your Content to the extent that is attributable, in whole or in part, to your misconfigurations or an insecurity, or malware or malicious content, in Your Content or project. If any actual or suspected security incident, vulnerabilities or violations of this Section 5, or issue related to the EigenCompute Services are identified, you shall immediately report it to security@eigenlabs.org.

   b) PCI Compliance. Eigen Labs is not a payment processor. To the extent that Your Content or Your Data (as defined below) is subject to the Payment Card Industry Data Security Standards (PCI DSS), you acknowledge that you are responsible for maintaining and monitoring compliance with PCI DSS requirements as prescribed by the PCI Security Standards Council as may be amended from time to time. You agree to comply with any Eigen Labs’ Documentation on appropriate implementation of the EigenCompute Services for processing payments.

   c) HIPAA Compliance. You shall not use the EigenCompute Services to host any Protected Health Information or information that is subject to the Health Insurance Portability and Accountability Act (HIPAA), unless you first obtain Eigen Labs’ prior written approval.

6. Data Protection

   a) Use of Your Data. You shall own and retain all right, title and interest in and to Your Data. Eigen Labs may use and disclose Your Data solely to the extent necessary to provide the EigenCompute Services to you and for security to protect the EigenCompute Services and third parties from fraud, illegal activities, abuse, malware, malicious files or content, viruses and the like and for no other purpose. Otherwise, Eigen Labs will not sell, disclose, or share any Your Data (or any part or product thereof) with anyone else. Eigen Labs will implement and maintain reasonable information security policies and processes (including technical, administrative and physical safeguards) that are designed to prevent unauthorized access to or use or disclosure of the EigenCompute Services or any Your Data.

   b)Aggregate Data. Eigen Labs shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the EigenCompute Services and related systems and technologies (excluding Your Data and data derived therefrom), and Eigen Labs will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the EigenCompute Services and for other development, diagnostic and corrective purposes in connection with the EigenCompute Services and other EigenCloud offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.

7. Usage Restrictions

   a) Etiquette. Although Eigen Labs has no obligation to monitor your use of the EigenCompute Services, Eigen Labs may do so by using tools that detect patterns of abuse of EigenCompute Services and investigating thereafter. Based on the outcome of these investigations, Eigen Labs may prohibit any use of the EigenCompute Services it believes may be (or is alleged to be) in violation of the foregoing.

   b) You will not, directly or indirectly: (i) sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the EigenCompute Services available to any third party; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with Eigen Labs’ services, you must first request such information from Eigen Labs); (iii) modify, translate, or create derivative works based on the EigenCompute Services (except to the extent expressly permitted by Eigen Labs or authorized within the EigenCompute Services) or otherwise attempt to gain unauthorized access to the EigenCompute Services or its related systems or networks; (iii) use the EigenCompute Services for timesharing or service bureau purposes or otherwise for the benefit of a third-party; (iv) remove, alter or obscure in any way any proprietary rights notices (including copyright notices) of Eigen Labs or its suppliers on or within the Services or documentation; (v) violate any applicable laws or regulations (including without limitation in violation of any data, privacy or export control laws) or infringe the rights of any third-party in connection with the use or access of the EigenCompute Services. You shall comply with any codes of conduct, policies or other notices, Eigen Labs provides you or publishes in connection with the EigenCompute Services, and you shall promptly notify Eigen Labs if you learn of a security breach or issue related to the EigenCompute Services. Without limiting the foregoing, you acknowledge that Eigen Labs may establish general practices and limits concerning use of the EigenCompute Services, including without limitation the maximum period of time that data, code or other content will be retained by the EigenCompute Services, the maximum storage space that will be allotted on Eigen Labs’ servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the EigenCompute Services. You further acknowledge that Eigen Labs reserves the right to change these general practices and limits at any time, in its sole discretion.

8. Support Subject to the terms hereof, Eigen Labs may, but is not required to, provide you with commercially reasonable remote technical support services during Eigen Labs’ normal business hours ("Support Services").

9. Electronic Communications

By using the EigenCompute Services, you consent to receiving electronic communications from Eigen Labs. These electronic communications may include notices about applicable EigenCompute Services fees and charges related to the EigenCompute Services and transactional or other information concerning or related to the EigenCompute Services. They may also include notices that require responses and or action to avoid service interruptions. These electronic communications are part of your relationship with Eigen Labs, and you receive them as part of your use of the EigenCompute Services. If you provide an email address for your account, this email address must be kept current and maintain a responsive user at all times. You agree that any notices, agreements, disclosures or other communications that Eigen Labs sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

10. Representations and Warranties

    a) You represent and warrant that (i) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in posting and other activities (and allow Eigen Labs to perform its obligations) in connection with the EigenCompute Services without obtaining any further releases or consents; (ii) Your Content and other activities in connection with the EigenCompute Services, and Eigen Labs’ exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy, or publicity, or other personal or proprietary right and Your Content is not defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iii) you will use the EigenCompute Services only in compliance with Eigen Labs’ standard published policies and documentation then in effect and all applicable laws and regulations.

    b) Each party represents and warrants to the other that it has full right and power to enter into and perform under these EigenCompute Terms, without any third-party consents or conflicts with any other agreement.

11. Indemnification

You will indemnify and hold harmless Eigen Labs against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these EigenCompute Terms, any claim of infringement or misappropriation arising out of any of Your Content or websites, applications or services that depend or utilize Your Content or the EigenCompute Services, or your other access, contribution to, use or misuse of the EigenCompute Services. Eigen Labs shall promptly notify you of any and all threats, claims and proceedings related thereto and give you reasonable assistance and the opportunity to assume sole control over defense and settlement; you will not be responsible for any settlement you do not approve, such approval not to be unreasonably withheld or delayed.

12. Confidentiality; Proprietary Rights

    a) Confidentiality. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical, product or financial information or data relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Eigen Labs includes non-public information regarding features, functionality and performance of the EigenCompute Services. Your Proprietary Information includes non-public personal data provided by you to Eigen Labs to enable the provision of the EigenCompute Services and that you upload or post to the EigenCompute Services (collectively, "Your Data"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the EigenCompute Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was rightfully in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without confidentiality restrictions by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party as evidenced by its internal files. If a Receiving Party is required by law or a governmental agency to disclose the Disclosing Party's Proprietary Information, the Receiving Party must provide reasonable notice to the Disclosing Party of such required disclosure so as to permit the Disclosing Party a reasonable period of time to seek a protective order or limit the amount of Proprietary Information to be disclosed.

    b) Company Ownership. Eigen Labs shall own and retain all right, title and interest in and to (a) the EigenCompute Services, all improvements, enhancements or modifications thereto and (b) all intellectual property rights related to any of the foregoing.

    c) Feedback. To the extent you or any of your users provide any suggestions to Eigen Labs regarding the functioning, features, and other characteristics of the EigenCompute Services, documentation, or other material or services provided or made available by Eigen Labs ("Feedback"), you hereby grant Eigen Labs a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid-up, fully transferable, worldwide license (with rights to sublicense through multiple tiers of sublicenses) under all of your intellectual property rights, for Eigen Labs to use and exploit in any manner and for any purpose.

    d) Customer Name. During the term of these EigenCompute Terms, you grant Eigen Labs a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, tradenames and logos in Eigen Labs’ marketing materials and website(s) and to indicate that you are an Eigen Labs customer. Eigen Labs will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, tradenames and logos shall inure to your benefit.

13. Payment of Fees

    a) Plans. The EigenCompute Services will be provided according to the plan level you select. There are paid testnet and mainnet self-service subscription plans for the EigenCompute Services ("self-service subscriptions"). For an enterprise license, you may contact Eigen Labs separately. You may opt to upgrade or downgrade to any other plan level that Eigen Labs offers at any time during the period of your plan; provided that a downgrade will not be effective until the next renewal date. For self-service subscriptions and any additional EigenCompute Services added to your self-service subscription, you will be charged a fee and any applicable tax. Fees will be billed to the credit card or other payment account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that Eigen Labs will automatically charge your credit card or other payment account on record with Eigen Labs in connection with your use of the EigenCompute Services: (i) in advance of each self-service subscription term, for the self-service subscription you have selected and any additional EigenCompute Services added to your self-service subscription; and (ii) in arrears for any additional EigenCompute Services you have used or added to your self-service subscription during the prior self-service subscription term. The self-service subscription and any additional EigenCompute Services added to your self-service subscription will automatically-renew for the same term as the initial term. You represent and warrant to Eigen Labs that all of your payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If payment is not received or cannot be charged to your credit card or other payment account for any reason in advance, Eigen Labs reserves the right to either suspend or terminate your access to the EigenCompute Services and terminate these EigenCompute Terms with you. All fees are non-refundable, except as expressly stated otherwise in these EigenCompute Terms.

    b) Payments. All payments shall be made in the currency of, and within the borders of the United States. You will pay all applicable taxes, duties, withholdings, backup withholding and the like; when Eigen Labs has the legal obligation to pay or collect such taxes, the appropriate amount shall be paid by you directly to Eigen Labs. If all or any part of any payment owed to Eigen Labs under these EigenCompute Terms is withheld, based upon a claim that such withholding is required pursuant to the tax laws of any country or its political subdivisions and/or any tax treaty between the U.S. and any such country, such payment shall be increased by the amount necessary to result in a net payment to Eigen Labs of the amounts otherwise payable under these EigenCompute Terms. You will reimburse Eigen Labs any pre-approved and agreed upon costs. Eigen Labs may change its fees and payment terms at its discretion; provided however, that such changes will not take effect for you until the start of the next payment period. Eigen Labs will provide written notice to you for any changes to the fees that affect the EigenCompute Services purchased by you. Your continued use of the EigenCompute Services after the price change becomes effective constitutes your agreement to pay the changed amount.

14. Term and Termination

    a) Term. Subject to earlier termination as provided below, the term of these EigenCompute Terms will commence on your acceptance hereof and will continue for as long as the EigenCompute Services are being provided to you under these EigenCompute Terms. The term of your self-service subscription, and any EigenCompute Services purchased or added to your self-service subscription, shall automatically renew for successive terms equal in duration to the initial term unless you cancel your self-service subscription in advance of the renewal date. You have the right to terminate your account (or downgrade your mainnet self-service subscription to a testnet self-service subscription) at any time provided that such termination will be effective at the start of the next renewal period. Subject to earlier termination as provided below, Eigen Labs may terminate your account and these EigenCompute Terms with you at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies Eigen Labs may have, Eigen Labs may also terminate these EigenCompute Terms 'upon ten (10) days' notice (or two (2) days in the case of nonpayment), if you breach any of the terms or conditions of the Terms. Eigen Labs may terminate your account, self-service subscription and these EigenCompute Terms with you immediately if you exceed any Eigen Labs limits concerning use of the EigenCompute Services, including without limitation, the maximum period of time that data, code or other content will be retained by the EigenCompute Services, the maximum storage space that will be allotted on Eigen Labs servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the EigenCompute Services. You acknowledge that Eigen Labs reserves the right to terminate accounts that are inactive for an extended period of time and the right to modify or discontinue, temporarily or permanently, the EigenCompute Services (or any part thereof). All of Your Content on the EigenCompute Services (if any) may be permanently deleted by Eigen Labs upon any termination of your account. If Eigen Labs terminates your account without cause and you have signed up for a self-service subscription, Eigen Labs will refund the pro-rated, unearned portion of any amount that you have prepaid to Eigen Labs for such EigenCompute Services.

    b) Survival. All sections of these EigenCompute Terms which by their nature should survive termination will survive termination, including, without limitation, Sections 13(a) and 13(b), and accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

    c) Effect of Termination. Upon the termination of these EigenCompute Terms for any reason: (i) the licenses granted hereunder in respect of the EigenCompute Services shall immediately terminate and you and your users shall cease use of the EigenCompute Services; (ii) EigenCompute will cease providing any Support Services; (iii) you shall pay to Eigen Labs the full amount of any outstanding fees due hereunder; and (iv) within fourteen (14) calendar days of such termination, each party shall destroy or return all Proprietary Information of the other party in its possession or control, and will not make or retain any copies of such information in any form, except that the receiving party may retain one (1) archival copy of such information solely for purposes of ensuring compliance with EigenCompute Terms.

15. Disclaimer

THE EIGENCOMPUTE SERVICES AND SUPPORT SERVICES ARE PROVIDED "AS IS" AND EIGEN LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EIGEN LABS DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR DELIVERABLES.

16. Limitation of Liability

    a) Limit of Liability and Waiver of Consequential Damages. EXCEPT FOR YOUR BREACH OF SECTIONS 7, 12, AND 13, OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, NEITHER PARTY NOR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, SHAREHOLDERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO EIGEN LABS FOR THE EIGENCOMPUTE SERVICES UNDER THESE EIGENCOMPUTE TERMS IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT.

    b) Limits. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, EIGEN LABS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

17. Miscellaneous

Eigen Labs may change these EigenCompute Terms from time to time by providing notice either by emailing the email address associated with your account or by posting a notice at https://eigencloud.xyz and by updating the "Last Revised" date at the top of these EigenCompute Terms. You can review the most current version of these EigenCompute Terms at any time at https://docs.eigencloud.xyz. The revised EigenCompute Terms will become effective immediately after Eigen Labs posts or sends you notice of such changes, and if you use the EigenCompute Services after that date, your use will constitute acceptance of the revised EigenCompute Terms. If any change to these EigenCompute Terms is not acceptable to you, your only remedy is to stop using the EigenCompute Services. If any provision of these EigenCompute Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these EigenCompute Terms will otherwise remain in full force and effect and enforceable. You may not assign, transfer or sublicense these EigenCompute Terms or your rights or obligations hereunder without the prior written consent of Eigen Labs, but Eigen Labs may assign or transfer these EigenCompute Terms, in whole or in part, without restriction. Any attempted assignment or transfer of these EigenCompute Terms by the parties in contravention of the foregoing shall be null and void. Eigen Labs’ failure to exercise or enforce any right or provision of these EigenCompute Terms shall not be a waiver of that right. No agency, partnership, joint venture, or employment is created as a result of these EigenCompute Terms and neither party has any authority of any kind to bind the other party in any respect whatsoever. In any action or proceeding to enforce rights under these EigenCompute Terms, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these EigenCompute Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Any delays in or failure of performance of Eigen Labs shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of Eigen Labs including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots.