PUBLIC Q CODE LIBRARY LICENSE AGREEMENT CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING FILES FROM THE PUBLIC Q CODE LIBRARY, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THE FILES. This Public q Code Library License Agreement is made between Kx Systems, Inc. (“Kx”) and you, the End User, with respect to the files contained in the folder located at http://kx.com/q and its sub-folders (the “Public q Code Library Files”). You agree to use the Public q Code Library Files under the terms and conditions set forth below. 1. LICENSE GRANT 1.1 Grant of License. Kx hereby grants End User a irrevocable, non-exclusive license to copy, modify, merge, publish, sublicense, decompile, compile and/or sell the Public q Code Library Files. The foregoing license grant is subject to the below restrictions and conditions. 1.2 Public q Code Library Use Restrictions. The name and trademarks of Kx shall not be used in advertising or otherwise to promote the use, distribution or sale of the Public q Code Library Files without prior written authorization from Kx. 1.3 Proprietary Rights. End User acknowl¬edges and agrees that Kx owns all right, title and interest in the Public q Code Library Files and in all of Kx’s patents, trademarks, trade names, inventions, copyrights, know-how and trade secrets relating to the design and operation of the Public q Code Library Files. End User shall not remove any copyright notices or other proprietary rights notices of Kx contained in the Public q Code Library Files. 2. NO SUPPORT OR MAINTENANCE The Public q Code Library Files is licensed to End User without any support (consulting services) or maintenance (error corrections). 3. FEES The Public q Code Library Files is licensed to End User without charge. 4. NO WARRANTY THE PUBLIC Q CODE LIBRARY FILES ARE PROVIDED “AS IS.” KX EXPRESSLY DISCLAIMS AND NEGATES ALL WARRANTIES FOR THE PUBLIC Q CODE LIBRARY FILES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, AND KX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. KX DOES NOT WARRANT THAT THE PUBLIC Q CODE LIBRARY FILES WILL MEET END USER REQUIREMENTS OR THAT THE OPERATION OF THE PUBLIC Q CODE LIBRARY FILES WILL BE UNINTERRUPTED OR ERROR FREE. 5. LIMITATION OF LIABILITY KX SHALL NOT BE LIABLE FOR ANY DAMAGES, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES, IN CONNECTION WITH OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE PUBLIC Q CODE LIBRARY FILES, EVEN IF KX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, REVENUE OR BUSINESS INFORMATION. 6. GENERAL This is the only Agreement between End User and Kx relating to the Public q Code Library Files. This Agreement shall be governed by California law, except as to copyright matters covered by Federal law. This Agreement is deemed entered into at Palo Alto, California by both parties. Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severed from this Agreement and shall not effect the remainder hereof. End User agrees and certifies that the Public q Code Library Files shall not be shipped, transferred or exported, directly or indirectly, into any country prohibited by the United States Export Administration Act, and the regulations thereunder, or will the Public q Code Library Files be used for any purpose prohibited by the same. End of License Agreement