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JULIA COMPUTING, INC.

END USER LICENSE AND SUPPORT AGREEMENT

IMPORTANT

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND JULIA COMPUTING, INC.
(“JULIA COMPUTING”). JULIA COMPUTING IS WILLING TO LICENSE CERTAIN JULIA
COMPUTING SOFTWARE IN SOURCE AND BINARY FORM, AND RELATED
DOCUMENTATION (THE “SOFTWARE”) TO YOU ONLY UPON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE LICENSE
AGREEMENT (THE "AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS
CAREFULLY BEFORE CLICKING ON THE “I AGREE” BUTTON, AS CLICKING ON THIS
BUTTON WILL INDICATE YOUR ASSENT TO THEM. IF YOU DO NOT AGREE TO THE
BELOW TERMS AND CONDITIONS, THEN CLICK ON THE “I DO NOT AGREE” BUTTON.
IF YOU DO NOT AGREE TO THE BELOW TERMS AND CONDITIONS, JULIA COMPUTING
IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU MAY NOT USE OR
DOWNLOAD THE SOFTWARE.

1. License. Subject to the following terms and conditions, and timely payment of any fees
(if applicable), Julia Computing grants to you a nonexclusive, nontransferable limited license to
use, copy and distribute the Software for any purpose, subject to the limitations in this
Agreement. For clarity, the Software includes all of the software programs and packages that
are part of this distribution. Any copy of the Software permitted by the preceding provision may
include a copyright notice of Julia Computing. You understand that the Software may include
certain third party software and/or open source code (the “Third Party Components”) that are
subject to their own licenses including various open source licenses. Notwithstanding anything
herein to the contrary, each Third Party Component is subject to the terms of its applicable
license that may include open source license agreement, and which license agreement is
included in the source code for the applicable Third Party Component. You hereby agree to
abide by the terms of each Third Party license agreement as it relates to the applicable Third
Party Component. In the event of any conflict between the terms of this Agreement and the
terms of any Third Party license agreement with respect to any Third Party Components, the
applicable Third Party license agreement shall control.

2. Term and Termination.


(a) The term of this Agreement shall be for a period of one (1) year from the date of
acceptance of this agreement or from the date of payment of Fees (if applicable), whichever is
later, unless terminated earlier pursuant to the terms hereof. The Agreement may be renewed
for additional one (1) year periods; such renewals may be at the same terms or different ones
as determined in future.
(b) You may terminate the license granted under this Agreement at any time by stopping to
use the Software and, if it was downloaded on your machine, deleting it completely. In the event
of termination of this Agreement for any reason, all the sections of this Agreement will survive
except for Section 1.
(c) Upon termination of this Agreement, all the Fees (if any), including license fees or
support fees, that are paid shall be non-refundable.

3. You may not transfer the Software to another entity or person. You shall not rent, sell,
time-share, lease, sublicense, transfer, copy, disclose, display or otherwise make available the
Software or copies thereof to others. Any breach of the above terms and conditions shall
immediately terminate your license under this Agreement. You hereby certify and agree that the
Software will not be shipped, transferred, or re-exported, directly or indirectly, into any country
prohibited by the United States Export Administration Act and the regulations thereunder, and
the Software will not be used for any purpose prohibited by the same. You shall not modify,
adapt, or translate the Software in whole or in part. You shall not reverse engineer, decompile,
or disassemble the Software. You shall not attempt to modify or tamper with the normal function
of any license manager that may regulate usage of the Software.

4. You may not erase, delete or modify any copyright, trademark or other proprietary
notices included in the Software. You agree that if you infringe Julia Computing’s intellectual
property rights or exceed the scope of permitted use of this license, Julia Computing will be
irreparably injured and may obtain a court order to enjoin you from further use of the Software.

5. Software Support and Maintenance Services. In case you have purchased Software
License and Support for a Fee, Julia Computing shall provide development support and
maintenance services to You in connection with the Software (the “Support Services”) as
follows:
(a) Support Services for the Software, including software patches, “bug” fixes, minor
modifications, upgrades and enhancements during the Term. Response time for such services
shall be as follows;
(b) You will be provided an email address that you can write to in order to file your support
questions, queries and issues;
(c) During the day-to-day usage of Software by developers and individual users, Julia
Computing will respond to written requests for bug fixes within one (1) Business Days (as
defined below) and will endeavour to resolve any such issues within four (4) Business Days of
such response;
(d) Julia Computing will respond to written requests for minor features, enhancements and
functionality within two (2) Business Days; You and Julia Computing will agree in writing on a
development, production and release schedule for such minor features. Major enhancements
are not covered under Support Services. In the event that Julia Computing determines in its sole
discretion that a request involves a major enhancement, Julia Computing will communicate the
same in writing to You, and Julia Computing and You will negotiate a separate written
agreement pursuant to which Julia Computing may provide the major enhancement.

A “Business Day” shall mean any day that the New York Stock Exchange is open for trading.

Your Responsibilities. You understand and acknowledge that in order for Support Services to
be properly and effectively undertaken, You must assume and perform certain duties and
responsibilities. Accordingly, You agree that You will promptly and upon request from Julia
Computing:
(a) Provide as much detail as possible about a specific issue or bug or enhancement
requested;
(b) Answer any question and engage in a constructive discussion wherever necessary in
order for Julia Computing to fix the issue or undertake the enhancement successfully;
(c) Cooperate fully with Julia Computing and help set-up a right environment of the Software
and provide Julia Computing with all information reasonably required by Julia Computing for
such issues;
(d) If reasonably requested by Julia Computing, provide its personnel with remote access to
a development and production environment for the Software.

6. Scope and Terms. The scope and terms of Your license depends on the type of
license You are provided by Julia Computing. The variety of license types are set forth below,
which may not be available for all Software and therefore may not apply to the particular
Software You are licensing.
(a) FREE LICENSE: If you obtained the Software pursuant to a free download or are using
the Software pursuant to a free online usage, You may use the Software as per terms and
conditions specified in clause 1. above, but you are not entitled to any Support Services (as
defined above) from Julia Computing.
(b) EVALUATION LICENSE: If You obtained the Software pursuant to an evaluation license,
You may use the Software only for internal evaluation purposes and only for the term of the
evaluation period, as specified on Julia Computing download website or in the documentation
related to the distribution. NOTWITHSTANDING ANYTHING TO THE CONTRARY
ELSEWHERE IN THIS AGREEMENT, YOU MAY USE THE SOFTWARE ONLY FOR
EVALUATION PURPOSES AND ONLY FOR THE TERM OF THE EVALUATION, YOU MAY
NOT DISTRIBUTE ANY PORTION OF THE SOFTWARE, AND THE APPLICATION AND/OR
PRODUCT DEVELOPED BY YOU MAY ONLY BE USED FOR EVALUATION PURPOSES
AND ONLY FOR THE TERM OF THE EVALUATION. You may install copies of the Software
on a reasonable number of computers to conduct Your evaluation provided that You are the
only individual using the Software and only one copy of the Software is in use at any one time. A
separate license is required for each additional use and/or individual user in all other cases,
including without limitation, use by persons, computer systems, and other use methods known
now and in the future. If You are an entity, Julia Computing grants You the right to designate
one individual within Your organization to have the sole right to use the Materials in the manner
provided above.
(c) EDU LICENSE: If You obtained the Software pursuant to an edu license, You may use
the Software only for educational and teaching purposes, as specified on Julia Computing
download website or in the documentation related to the distribution. NOTWITHSTANDING
ANYTHING TO THE CONTRARY ELSEWHERE IN THIS AGREEMENT, YOU MAY USE THE
SOFTWARE ONLY FOR EDUCATIONAL PURPOSES, YOU MAY NOT DISTRIBUTE ANY
PORTION OF THE SOFTWARE, AND THE APPLICATION AND/OR PRODUCT DEVELOPED
BY YOU MAY ONLY BE USED FOR EDUCATIONAL PURPOSES. You may install copies of
the Software on a reasonable number of computers to accomplish your purpose provided that
You are the only individual using the Software and only one copy of the Software is in use at
any one time. A separate license is required for each additional use and/or individual user in all
other cases, including without limitation, use by persons, computer systems, and other use
methods known now and in the future.
(d) LICENSE WITH SUPPORT: If you obtained the Software pursuant to a license with
support upon payment of necessary Fees specified, You may use the Software as per terms
and conditions specified in clause 1. above, and in addition, you are entitled to Support Services
(as defined above) from Julia Computing during the Term of this Agreement which is for one
year from date of payment.

7. Distribution. Distribution of the Redistributables is subject to the following limitations:


(a) You will be solely responsible to Your customers for any update, support obligation or
other liability which may arise from the distribution,
(b) You will not make any statement that Your Product is "certified" or that its performance is
guaranteed by Julia Computing,
(c) You will not use Julia Computing's name or trademarks to market Your Product without
written permission from Julia Computing,
(d) You will indemnify, hold harmless, and defend Julia Computing from and against any
claims or lawsuits, including attorney's fees, that arise or result from Your modifications,
derivative works or Your distribution of Your Product.

8. Notwithstanding anything herein to the contrary, you acknowledge and agree that Julia
Computing may terminate your license to the Software if you have failed to comply with any of
your obligations under this Agreement.

9. Ownership of Intellectual Property. You acknowledge that except for the Third Party
Components included therein, Julia Computing is the owner of the Software, including without
limitation, all modifications and enhancements thereof developed by Julia Computing in the
course of its performance of the Support Services hereunder. The Software may also be
protected as a collective work or compilation under U.S. copyright and other laws and treaties.
You shall not do anything that would infringe or otherwise interfere with Julia Computing’s
intellectual property rights. You agree to protect the proprietary rights of Julia Computing during
and after the Term in accordance with the reasonable directions of Julia Computing. You agree
to notify Julia Computing promptly upon becoming aware of any unauthorized access or use of
the Software by any party or of any claim that the Software infringes upon any copyright,
trademark or other contractual, statutory or common law rights.

10. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY TYPE,
AND JULIA COMPUTING HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

11. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JULIA


COMPUTING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS,
BUSINESS INTERRUPTION, LOST INFORMATION OR OTHER DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE THE SOFTWARE. IN NO EVENT SHALL JULIA
COMPUTING HAVE ANY LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS
SOFTWARE, INCLUDING THE COST OF RECOVERING ANY LOST DATA. IN ALL EVENTS,
JULIA COMPUTING’S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IN THE
AGGREGATE IS THE GREATER OF A REFUND OF THE LICENSE FEE PAID FOR THE
SOFTWARE, IF ANY, OR $10. THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN
ESSENTIAL PART OF THE AGREEMENT AND THAT JULIA COMPUTING WOULD NOT
ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS. THIS LIMITATION OF
LIABILITY CLAUSE WILL SURVIVE FAILURE OF ITS ESSENTIAL PURPOSE.

12. This Agreement shall be deemed to have been made in the State of Massachusetts and
shall be governed by the laws of the State of Massachusetts, without reference to the conflict of
laws principles thereof. The United Nations Convention on Contracts for the International Sale
of Goods shall not apply to this Agreement. Any dispute or claim arising out of, or in connection
with, this Agreement shall be finally settled by binding arbitration in Boston, Massachusetts in
accordance with the then-current rules and procedures of the American Arbitration Association
by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall
apply the law of the State of Massachusetts, without reference to rules of conflict of law or
statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties
agree that, any provision of applicable law notwithstanding, they will not request, and the
arbitrator shall have no authority to award, punitive or exemplary damages against any party. In
the event that any arbitration, action or proceeding is brought in connection with this Agreement,
the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees. In the
event that the above arbitration provision is held invalid or unenforceable, any dispute with
respect to this Agreement shall be brought in the state and Federal courts located in Boston,
Massachusetts. In such event, the parties to this Agreement each consent to the in personam
jurisdiction and venue of such courts. The parties agree that service of process upon them in
any such action may be made if delivered in person, by courier service, by telegram, by
telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

13. This Agreement sets forth the entire agreement between you and Julia Computing
pertaining to the licensing of the Software and supersedes in its entirety any and all written or
oral agreements previously existing between the parties with respect to such subject matter. If
any provision of this Agreement is held invalid or unenforceable, such provision shall be revised
to the extent necessary to cure the invalidity or unenforceability, and the remainder of this
Agreement shall continue in full force and effect. In the event of any conflict between any
provision of this Agreement and any applicable law, the provision or provisions of this
Agreement affected shall be modified to remove such conflict and permit compliance with such
law and as so modified this Agreement shall continue in full force and effect. This Agreement
may not be assigned without the prior written consent of Julia Computing.
BY CLICKING ON THE “I AGREE” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO
BE BOUND BY ITS TERMS.

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