EX-10.9
Fidelity Ethereum Fund
**AMENDED AND RESTATED **
**LICENSE AGREEMENT **
This License Agreement (“AGREEMENT”) is entered into and effective as of * * by and between Fidelity Product Services LLC, a Delaware limited liability Company with offices at 245 Summer St., Boston, MA 02210 (“LICENSOR”), and FD Funds Management LLC, a Delaware limited liability company (“LICENSEE”).
WHEREAS, Licensor owns, and itself or through its agents compiles, calculates and maintains, certain indices listed on Exhibit A, as may be amended from time to time (including the data therein contained, the “Indices”);
WHEREAS, Licensee desires to use the Indices in connection with the management of certain investment funds, exchange-traded products, and other accounts sponsored by the Licensee (the “Products”) and Licensor is willing to grant Licensee a License for such use; and
WHEREAS, Licensor desires to grant Licensee authorization to use the Indices in connection with the Products pursuant to the terms and conditions hereinafter set forth.
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