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Kx and previously entered into the Kdb Software OEM Enterprise License Agreement effective (“Original Agreement”), which sets forth the terms on which may use the Kdb Software and Kx programming languages to develop and distribute applications that integrate Kx’s Kdb Software. Thereafter, Kx and entered into the following four amendments to the Original Agreement (jointly, “Amendments Nos. 1-4”):

Kx

This OEM Agreement replaces and previously entered intosupersedes the Kdb Software OEM Enterprise License Agreement effective (“Original Agreement”), whichand Amendments Nos. 1-4, and sets forth the terms on which Kx will license and provide maintenance for the Licensed Software to may use the Kdb Softwarefor purposes of developing and Kx programming languages to develop and distributedistributing applications that integrate Kx’s KdbLicensed Software. Thereafter, Kx and entered into the following four amendments to the Original Agreement (jointly, “Amendments Nos. 1-4”):

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