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Analog Devices, Inc. (“ADI”) and VORAGO Technologies Corporation (“VORAGO”)

High Temperature Data Acquisition Reference Design License Agreement

20180216-LWSC-HTDARD-CTRDLA

YOU AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW BY DOWNLOADING, INSTALLING, COPYING OR USING THE REFERENCE DESIGN (INCLUDING WITHOUT LIMITATION ANY VIEWER SOFTWARE, FIRMWARE AND OTHER SOFTWARE INCLUDED THEREWITH). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE REFERENCE DESIGN.

The Reference Design was created as part of a collaboration among ADI, VORAGO and PetroMar Technologies, Inc.

The Reference Design is protected by copyright law and international copyright treaties.

1. License: Subject to the terms and conditions of this Agreement, the Reference Design may be modified and used in connection with the development of your products and may be reproduced, modified and distributed in source code and object code form. For the avoidance of doubt, no license to any intellectual property right is granted with respect to the use, design or manufacture of semiconductors.

2. Conditions:
(a) Any distribution of the Reference Design must include a complete copy of this Agreement and retain all copyright and other proprietary notices. The Reference Design that is distributed (including modified versions of the Reference Design) shall be subject to the terms and conditions of this Agreement.
(b) The software included with the Reference Design may not be combined or merged with other software or firmware in any manner that would cause the software included with the Reference Design to become subject to terms and conditions which differ from those of this Agreement.
(c) You shall not use the name or any trademark of ADI (including those of its licensors) or VORAGO or any contributor to endorse or promote products without prior written consent of the owner of the name or trademark. The term “contributor” means any person or entity that modifies or distributes the Reference Design in-whole or in-part.
(d) In no event shall you remove any copyright or other intellectual property notice or other legend contained on or in copies of the Reference Design or displayed by any software included with the Reference Design.
(e) Modified versions of the Reference Design must be conspicuously marked as such.
(f) Use of the Reference Design may or may not infringe patent rights of one or more patent holders. This Agreement does not alleviate the obligation to obtain separate licenses from patent holders to use the Reference Design.
(g) All rights not expressly granted hereunder are reserved.
(h) This Agreement shall be governed by the laws of Massachusetts, without regard to its conflict of laws rules. The Reference Design shall only be used in compliance with all applicable laws and regulations, including without limitation export control laws.

You acknowledge and agree that (i) you are solely responsible for using your independent analysis, evaluation and judgment in designing your products, and ADI and VORAGO (and their affiliates and licensors) have no responsibility with respect to such designs, (ii) the Reference Design was created under laboratory conditions, and neither ADI nor VORAGO have conducted any testing other than as maybe specifically described in the Reference Design documentation, (iii) any information included in the Reference Design related to third-party products or services does not constitute a license to use such products or services, or a warranty or endorsement thereof, and use of any such information, products or services may require a license from a third party under patents or other intellectual property rights and (iv) ADI and VORAGO reserve the right to make corrections, enhancements, improvements and other changes to their respective products and services, and to discontinue any product or service.

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3. WARRANTY DISCLAIMER: THE REFERENCE DESIGN AND ANY RELATED INFORMATION AND/OR ADVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. There is no obligation to provide support or updates. The Reference Design is not fault-tolerant and is not intended for use in high risk applications, including without limitation in the operation of nuclear facilities, aircraft navigation or control systems, air traffic control, life support machines, weapons systems or any other application in which the failure of the Reference Design could lead to death, personal injury, or severe physical or environmental damages. You acknowledge and agree that use of the Reference Design in connection with high risk applications or any other applications is fully at your own risk. You agree to indemnify and hold harmless Analog Devices and VORAGO (including their affiliates), and their respective suppliers, officers, directors, employees and agents (each an “Indemnified Party”) from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) in the event that any claim is brought against any Indemnified Party based on your (i) use, reproduction or distribution of the Reference Design or (ii) products or services based in-whole or in-part on the Reference Design.

4. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW ADI AND VORAGO (INCLUDING THEIR AFFILIATES AND LICENSORS) AND CONTRIBUTORS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THE REFERENCE DESIGN, ITS USE OR ANY RELATED INFORMATION AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANALOGOUS DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, REVENUE, PROFITS, OR SAVINGS, COMPUTER DAMAGE OR ANY OTHER CAUSE), UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT OR PRODUCT LIABILITY), EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages, and, as such, some portion of the above limitation may not apply. In such jurisdictions, liability is limited to the greatest extent permitted by law.

5. Third Party Software: The Reference Design may be accompanied by or include software made available by one or more third parties (“Third Party Software”). Each portion of Third Party Software is subject to its own separate software license terms and conditions (“Third Party Licenses”). The Third Party Licenses for Third Party Software delivered with the Reference Design are set forth or identified (by url or otherwise) in (i) Appendix A to this Agreement (if any), (ii) the applicable software header or footer text, (iii) a text file located in the directory of the applicable Third Party Software component, (iv) connection with any update, upgrade or new version of Reference Design and/or (v) such other location customarily used for licensing terms and/or any update or upgrade. The use of each portion of Third Party 20180216-LWSC-HTDARD-CTRDLA Page 3 of 8 Software is subject to the Third Party Licenses, and you agree that your use of any Third Party Software is bound by the applicable Third Party License. You agree to review and comply with all applicable Third Party Licenses prior to any use or distribution of any Third Party Software. Third Party Software is provided on an “as is” basis without any representation, warranty or liability of any kind. ADI and VORAGO (including their affiliates and licensors) and contributors shall have no liability or responsibility for the operation or performance of the Third Party Software and shall not be liable for any damages, costs, or expenses, direct or indirect, arising out of the performance or failure to perform of the Third Party Software. ADI and VORAGO (including their affiliates and licensors) and contributors shall be entitled to the benefit of any and all limitations of liability and disclaimers of warranties contained in the Third Party Licenses. For the avoidance of doubt, this Agreement does not alter, limit or expand the terms and conditions of, or rights granted to you pursuant to, Third Party Licenses.

Appendix A – Third Party Licenses

FreeRTOS

FreeRTOS is subject to the MIT license available at http://www.freertos.org/license.txt which is reproduced below.

The MIT License

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the 'Software'), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. If you wish to use Amazon FreeRTOS name, please do so in a fair use way that does not cause confusion.

THE SOFTWARE IS PROVIDED 'AS IS', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

ARM CMSIS

ARM CMSIS was obtained from https://github.com/ARM and is subject to the CMSIS_END_USER_LICENCE_AGREEMENT reproduced below.

END USER LICENCE AGREEMENT FOR THE CORTEX MICROCONTROLLER SOFTWARE INTERFACE STANDARD (CMSIS) DELIVERABLES

THIS END USER LICENCE AGREEMENT ('LICENCE') IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY) AND ARM LIMITED ('ARM') FOR THE USE OF THE CMSIS DELIVERABLES. ARM IS ONLY WILLING TO LICENSE THE CMSIS DELIVERABLES TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING 'I AGREE', OR BY INSTALLING OR OTHERWISE USING OR COPYING THE CMSIS DELIVERABLES YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE YOU TO USE OF THE CMSIS DELIVERABLES AND YOU MAY NOT INSTALL, USE OR COPY THE CMSIS DELIVERABLES.

“Deliverables” means (i) the CMSIS Deliverables; (ii) CMSIS-DAP Specification; (iii) CMSIS-DAP Firmware; and (iv) RDDI DLL.

“CMSIS-DAP Specification” means any documentation defining the application programming interface, naming and coding conventions of the Cortex Microcontroller Software Interface Standard Debug Access Port (“CMSIS-DAP”). Notwithstanding the foregoing, “CMSIS-DAP Specification” shall not include: (i) the implementation of other published specifications referenced in the CMSIS-DAP Specification; and (ii) any enabling technologies that may be necessary to make or use any product or portions thereof that complies with the CMSIS-DAP Specification, but are not themselves expressly set forth in the CMSIS-DAP Specification (e.g. compiler front ends, code generators, back ends, libraries or other compiler, assembler or linker technologies; validation or debug software or hardware; applications, operating system or driver software; RISC architecture; and processor microarchitecture).

“CMSIS-DAP Firmware” means the C programming language source code accompanying this Licence which implements the functionality of the application programming interface as defined in the CMSIS-DAP Specification and any updates, patches and modifications ARM may make available under the terms of this Licence.

“CMSIS Deliverables” means the following components: (i) CMSIS-CORE; (ii) CMSIS-DRIVER; (iii) CMSIS-DSP; (iv) CMSIS-PACK; (v) CMSIS-RTOS API; and (vi) CMSIS-SVD .

“CMSIS-CORE” means the specification defining the application programming interface, naming and coding conventions for the Cortex-M processor cores.

”CMSIS-DRIVER” means the specification defining a generic peripheral driver application programming interface, naming and coding conventions.

“CMSIS-DSP” means the digital signal process (DSP) library specification defining the application programming interface of a DSP library implementation.

“CMSIS-PACK” means the specification defining a software pack file format, verification utility, and the associated XML schema file .

“CMSIS-RTOS API” means the real-time operating system (RTOS) specification defining a generic application programming interface layer for a RTOS system.

“CMSIS-SVD” means the specification defining the System View Description (SVD), verification utility, and associated XML schema files.

“Firmware” means firmware that complies with the CMSIS-DAP Specification.

“RDDI DLL” means the reference implementation of a device driver accompanying this Licence in object code form and any updates, patches and modifications ARM may agree to make available under the terms of this Licence and is used with targets containing microprocessors manufactured or simulated under licence from ARM.

“Separate Files” means the components identified in the Schedule.

“Target Connection Product” means a target connection product that complies with the CMSIS-DAP Specification and is used on or with a target containing microprocessors manufactured or simulated under licence from ARM. Notwithstanding the foregoing, the Deliverables shall not include: (i) the implementation of other published specifications referenced in the Deliverables; (ii) any enabling technologies that may be necessary to make or use any product or portion thereof that complies with the Deliverables, but are not themselves expressly set forth in the Deliverables (e.g. compiler front ends, code generators, back ends, libraries or other compiler, assembler or linker technologies; validation or debug software or hardware; applications, operating system or driver software; RISC architecture; processor microarchitecture); (iii) maskworks and physical layouts of integrated circuit designs; or (iv) RTL or other high level representations of integrated circuit designs.

1. LICENCE GRANTS.

1.1 CMSIS DELIVERABLES ARM hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable licence, to use and copy the CMSIS Deliverables for the purpose of: (i) subject to clause 1.5(i), developing, having developed, manufacturing, having manufactured, offering to sell, selling, supplying or otherwise distributing products that comply with the CMSIS Deliverables; and (ii) distributing and having distributed (directly or through your customers and authorised distributors) the CMSIS- Deliverables unmodified, with the products you have developed under Clause 1.1 (i) provided you preserve any copyright notices which are included with the CMSIS Deliverables.

1.2 CMSIS-DAP SPECIFICATION
ARM hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable licence, to use and copy the CMSIS-DAP Specification for the purposes of:
(a) developing, having developed, manufacturing, having manufactured, offering to sell, selling, supplying, distributing or having distributed a Target Connection Product;
(b) developing, having developed, subject to clause 1.5(ii) offering to sell, selling, supplying, distributing or having distributed (directly or through your customers and authorised distributors) Firmware to run on a Target Connection Product; and
(c) subject to clause 1.5(ii), distributing and having distributed (directly or through your customers and authorised distributors) the CMSIS-DAP Specification unmodified, with either or both the Target Connection Products and Firmware, developed under the licences granted in this Clause 1.2.

1.3 CMSIS-DAP FIRMWARE
ARM hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable licence, to:
(a) use, copy, and modify the CMSIS-DAP Firmware for the purposes of developing and having developed firmware to run on a Target Connection Product; and
(b) subject to clause 1.5(ii), offer to sell, selling, supply, supplying, distributing or having distributed (directly or through your customers and authorised distributors) CMSIS-DAP Firmware or any modified version created under Clause 1.3 (a) in object code form only to run on a Target Connection Product.

1.4 RDDI DLL
ARM hereby grants to you, subject to the terms and conditions of this Licence, a non-exclusive, non-transferable licence, to:
(a) use and copy the RDDI DLL for the purpose of connecting a Target Connection Product running CMSIS-DAP compatible firmware (either the Firmware or the firmware created pursuant to Clause 1.3) to software debug tools installed on a host computer running a Windows platform; and
(b) subject to clause 1.5(ii), offer to sell, selling, supplying, distributing or having distributed (directly or through your customers and authorised distributors) the RDDI DLL in object code form only.

1.5 CONDITIONS ON REDISTRIBUTION.
(i) If you distribute (directly or through your customers and authorised distributors) the products you have created pursuant to Clause 1.1 (i) you agree: (a) not to use ARM’s name, logo or trademarks to market any or all of the products created under Clause 1.1 (i); (b) to preserve any copyright notices included in the CMSIS Deliverables; and (c) to ensure your customers and authorised distributors comply with this Clause 1.5(i).

(ii) If you are authorised and choose to distribute (directly or through your customers and authorised distributors) the CMSIS-DAP Specification, Firmware, CMSIS-DAP Firmware or any modified version thereof, or the RDDI DLL, you agree; (a) to ensure that they are licensed for use with targets containing microprocessors manufactured or simulated under licence from ARM; (b) to preserve any copyright notices which are included with the CMSIS-DAP Specification, CMSIS-DAP Firmware, and include valid copyright notices in; (i) any modified version of the CMSIS-DAP Firmware; and (ii) the Firmware; (c) not to use ARM’s name, logo or trademarks to market -any or all of the CMSIS-DAP Specification, Firmware, CMSIS-DAP Firmware or any modified version therof, the RDDI DLL or the Target Connection Products; and (d) to ensure your customers and authorised distributors comply with this Clause 1.5(ii).

2. RESTRICTIONS ON USE OF THE DELIVERABLES.
PERMITTED USERS: The Deliverables shall be used only by you (either a single individual, or single legal entity) your employees, or by your on-site bona fide sub-contractors for whose acts and omissions you hereby agree to be responsible to ARM for to the same extent as you are for your employees, and provided always that such sub- contractors: (i) are contractually obligated to use the Deliverables only for your benefit; and (ii) agree to assign all their work product and any rights they create therein in the supply of such work to you. COPYRIGHT AND RESERVATION OF RIGHTS: The Deliverables are owned by ARM or its licensors and are protected by copyright and other intellectual property laws and international treaties. The Deliverables are licensed not sold. Except as expressly licensed herein, you acquire no right, title or interest in the Deliverables or any intellectual property therein. In no event shall the licences granted herein be construed as granting you, expressly or by implication, estoppels or otherwise, a licence to use any ARM technology except the Deliverables.

3. SUPPORT.
ARM is not obligated to support the Deliverables but may do so entirely at ARM's discretion.

4. NO WARRANTY.
YOU AGREE THAT THE DELIVERABLES ARE LICENSED 'AS IS', AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE DELIVERABLES MAY CONTAIN ERRORS.

5. LIMITATION OF LIABILITY.
THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT, TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE AND (II) US$10.00. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS LICENCE SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

6. THIRD PARTY RIGHTS.
The Separate Files are delivered subject to and your use is governed by their own separate licence agreements. This Licence does not apply to such Separate Files and they are not included in the term “Deliverables” under this Licence. You agree to comply with all terms and conditions imposed on you in respect of such Separate Files including those identified in the Schedule (“Third Party Terms”).
ARM HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING ANY SEPARATE FILES, ANY THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE, ANY THIRD PARTY MATERIALS FROM WHICH THE SOFTWARE IS DERIVED (COLLECTIVELY “OTHER CODE”), AND THE USE OF ANY OR ALL THE OTHER CODE IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO THIRD PARTY LICENSORS OF OTHER CODE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND WHETHER MADE UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE OTHER CODE OR THE EXERCISE OF ANY RIGHTS GRANTED UNDER EITHER OR BOTH THIS LICENCE AND THE LEGAL TERMS APPLICABLE TO ANY SEPARATE FILES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation is restricted in accordance with the terms of this Licence.

8. TERM AND TERMINATION.
8.1 This Licence shall remain in force until terminated in accordance with the terms of Clause 8.2 or Clause 8.3 below.
8.2 Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you. You may terminate this Licence at any time.
8.3 This Licence shall immediately terminate and shall be unavailable to you if you or any party affiliated to you asserts any patents against ARM, ARM affiliates, third parties who have a valid licence from ARM for the Deliverables, or any customers or distributors of any of them based upon a claim that your (or your affiliate) patent is Necessary to implement the Deliverables. In this Licence: (i) 'affiliate' means any entity controlling, controlled by or under common control with a party (in fact or in law, via voting securities, management control or otherwise) and 'affiliated' shall be construed accordingly; (ii) 'assert' means to allege infringement in legal or administrative proceedings, or proceedings before any other competent trade, arbitral or international authority; and (iii) “Necessary” means with respect to any claims of any patent, those claims which, without the appropriate permission of the patent owner, will be infringed when implementing the Deliverables because no alternative, commercially reasonable, non- infringing way of implementing the Deliverables is known.
8.4 Upon termination of this Licence, you shall stop using the Deliverables and destroy all copies of the Deliverables in your possession. The provisions of clauses 5, 6, 7, 8 and 9 shall survive termination of this Licence.

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9. GENERAL.
This Licence is governed by English Law. Except where ARM agrees otherwise in a written contract signed by you and ARM, this is the only agreement between you and ARM relating to the Deliverables and it may only be modified by written agreement between you and ARM. Except as expressly agreed in writing, this Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause or sentence in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by ARM to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of ARM's rights to enforce such provision or any other provision of this Licence in the future. This Licence may not be assigned without the prior written consent of ARM.

SCHEDULE
Separate Files

The package also includes the components contained in the following directories:

(a) ./CMSIS/DSP_Lib - DSP Library sources and examples;
(b) ./CMSIS/Include - Header files;
(c) ./CMSIS/Lib - DSP Library build for various toolchains;
(d) ./CMSIS/RTOS - Header file template for CMSIS-RTOS implementation; and
(e) ./Device - Template files and implementations for Cortex-M class processors.

All of the above components (a– e) are licensed to you under the terms of the BSD licence, which is incorporated within or alongside the above components.

(f) ./CMSIS/Driver – CMSIS-Driver header files
(g) ./CMSIS/Pack – Example Device Family Pack
The above components (f – g) are licensed to you under the terms of the zlib licence, which is incorporated within or alongside the above components.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Math.NET numerics DLL

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Math.NET numerics DLL is subject to the MIT license available at

https://numerics.mathdotnet.com/License.html which is reproduced below.

The MIT License

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

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