CA End User License Agreement

CA Endevor Software Change Manager

CA, Inc. ("CA")

End User License Agreement (the "Agreement") for the CA software product that is being installed as well as the associated documentation and any SDK, as defined below, included within the product ("the Product").

Carefully read the following terms and conditions regarding your use of the Product before installing and using the Product. Throughout this Agreement, you will be referred to as "You" or "Licensee."

By selecting the "I agree" button below, you are

(I) Representing that you are not a minor, and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement.

By selecting the "I disagree" button below, the installation process will cease.

1. CA (or where the Product is being supplied outside of North America the CA subsidiary identified after Section 15 below for the country in which the Product is being supplied, and in such instance CA shall mean the CA subsidiary identified) provides Licensee with one copy of the Product, for use by a single user, or the quantity designated as the authorized use limitation ("Authorized Use Limitation") on any Order Form (defined below) referencing the terms of this Agreement or CD sleeve included within the Product box. CA licenses the Product to Licensee on a non-exclusive basis, pursuant to the terms of this Agreement as well as the terms of (a) any CA Order Form or Registration Form which has been signed by Licensee and CA; or (b) a License Program Certificate which is provided by CA to Licensee, as applicable (each hereafter referred to as the "Order Form").

2. If the Product is an alpha or beta version of the program, hereinafter referred to as the "beta program" or "beta version" and not generally available to date, CA does not guarantee that the generally available release will be identical to the beta program or that the generally available release will not require reinstallation. Licensee agrees that if it registers for support or if otherwise required by CA, Licensee shall provide CA with specific information concerning Licensee's experiences with the operation of the Product. Licensee agrees and acknowledges that the beta version of the Product (a) is to be used only for testing purposes and not to perform any production activities unless CA shall have otherwise approved in writing and (b) has not been tested or debugged and is experimental and that the documentation may be in draft form and will, in many cases, be incomplete. Licensee agrees that CA makes no representations regarding the completeness, accuracy or Licensee's use or operation of the beta version of the Product. BETA PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS OF TITLE OR NON-INFRINGEMENT. If Licensee is also a Tester of the beta version of the Product (as "Tester" is defined by the Beta Testing Agreement that was agreed to by Licensee during the registration process before obtaining the beta version of the Product), Licensee agrees that the terms of this Agreement are in addition to, and do not supersede, the terms of the Beta Testing Agreement.

3. If the Product is being licensed on a trial or evaluation basis, Licensee agrees to use the Product solely for evaluation purposes, in accordance with the usage restrictions set forth in Section 1, for a thirty-day evaluation period unless a different period is otherwise noted (the "Trial Period"). At the end of the Trial Period, Licensee's right to use the Product automatically expires and Licensee agrees to de-install the Product and return to CA all copies or partial copies of the Product or certify to CA in writing that all copies or partial copies of the Product have been deleted from Licensee's computer libraries and/or storage devices and destroyed. If Licensee desires to continue its use of the Product beyond the Trial Period, Licensee may contact CA to acquire a license to the Product for the applicable fee. LICENSEE's USE OF THE PRODUCT DURING THE TRIAL PERIOD IS ON AN "AS IS" BASIS WITHOUT ANY WARRANTY, AND CA DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS AGREEMENT.

4. If the Product includes a Software Development Kit ("SDK"), the terms and conditions of this paragraph apply solely for the use of the SDK. The SDK may include software, APIs and associated documentation. The SDK is provided solely for Licensee's internal use to develop software that enables the integration of third party software or hardware with the Product, or to develop software that functions with the Product, such as an agent. Licensee's use of the SDK is restricted solely to enhance Licensee's internal use of the Product. No distribution rights of any kind are granted to Licensee regarding the Product. In addition to the limitations on use set forth in Section 8, below, Licensee may not reproduce, disclose, market, or distribute the SDK or the documentation or any applications containing any executable versions of the SDK to third parties, on the internet, or use such executables in excess of the applicable Authorized Use Limitation. If there is a conflict between the terms of this section and the terms of any other section in this Agreement, the terms of this section will prevail solely with respect to the use of the SDK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SDK IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND.

5. Payment of the fees specified on the Order Form or as agreed between Licensee and an authorized reseller of CA, shall entitle Licensee to use the Product for the term specified on the Order Form (the "Term"), which use may include the right to receive maintenance services therefore for the period set forth on the Order Form. All fees payable hereunder shall be payable in advance. Licensee will install each new release of the Product delivered to Licensee. After the Term, continued usage and/or maintenance of the Product as provided herein shall be subject to the payment by Licensee of the fees described on the Order Form. Notwithstanding the foregoing, if the Product was licensed under this Agreement without an Order Form, Licensee shall be entitled to use the Product for an indefinite period, but the license does not include the right to receive maintenance services. Notwithstanding the foregoing, with respect to any Product that relies on continuous content updates, such as signature files and security updates, Licensee shall be entitled to such content updates for a period of one (1) year from the effective date of the license.

6. If maintenance is provided by CA, it shall be renewed annually as specified in the Order form with CA. All fees are net of applicable taxes. Licensee agrees to pay any tariffs, duties or taxes imposed or levied by any government or governmental agency including, without limitation, federal, state and local, sales, use, value added and personal property taxes, (other than franchise and income taxes for which CA is responsible) upon a presentation of invoices by CA. Any claimed exemption from such tariffs, duties or taxes must be supported by proper documentary evidence delivered to CA. Any invoice which is unpaid by Licensee when due shall be subject to an interest charge equal to the lower of 1.5% per month or the highest applicable legal rate.

7. Licensee may use the Product as provided herein solely to process its own data and the data of its majority-owned subsidiaries and use is restricted to the location, computer equipment, and Authorized Use Limitation specified on the Order Form or CD sleeve, as applicable. If Licensee desires to use the Product beyond such restrictions, it shall notify CA, and Licensee will be invoiced for and shall pay the applicable fees for such expanded use.

8. The Product, including any source or object code that may be provided to Licensee hereunder, as well as documentation, appearance, structure and organization, is the proprietary property of CA and/or its licensors, if any, and may be protected by copyright, patent, trademark, trade secret and/or other laws. Title to the Product, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of any applicable SDK, shall at all times remain with CA and/or its licensors. Usage rights respecting the Product may not be exchanged for any other CA product. The Product is licensed as a single product. Its component parts may not be separated for use. Licensee and its employees will keep the Product and the terms of this license strictly confidential and use its best efforts to prevent and protect the Product from unauthorized disclosure or use. Licensee may not (i) disclose, de-compile, disassemble nor otherwise reverse engineer the Product except to the extent the foregoing restriction is expressly prohibited under applicable law; (ii) create any derivative works based on the Product; (iii) use the Product to provide facilities management or in connection with a service bureau or like activity whereby Licensee, without purchasing a license from CA for such purpose, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product; or (iv) permit the use of the Product by any third party without the prior written consent of CA. Licensee shall not release the results of any benchmark testing of the Product to any third party without the prior written consent of CA. Licensee will not transfer, assign, rent, lease, use, copy or modify the product, in whole or in part, or permit others to do any of the foregoing with regard to the Product without CA's prior written consent, except to the extent the foregoing restriction is expressly prohibited under applicable law. Licensee will not remove any proprietary markings of CA or its licensors. Licensee may copy the Product as reasonably required for back-up and disaster recovery purposes, provided that production use of the Product is restricted to the Authorized Use Limitation specified on the Order Form or CD sleeve, and provided that use of the Product for disaster recovery testing shall be limited to one week in any three month period. The Product may be used only within the boundaries of the country where the Product was purchased (except as otherwise provided on the Order Form) unless CA consents otherwise in writing. If this license terminates for any reason, Licensee shall certify to CA in writing that all copies and partial copies of the Product have been deleted from all computers and storage devices and are returned to CA or destroyed and are no longer in use. Licensee shall comply with all relevant import and export regulations, including those adopted by the Office of Export Administration of the US Department of Commerce. The Product and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial item" "computer software" as defined in FAR 2.101. In the event Licensee is a U.S. Federal Government agency, the licensing terms of CA's then current GSA FSS contract shall govern use of the Computer Program(s), in lieu of the terms contained in the license delivered with the Program(s). For such purposes, the term "Product" and "Computer Program" shall have the same meaning hereunder. The Computer Program(s) was developed at private expense, is commercial, and is published and copyrighted. Third parties purchasing on behalf of a Federal Government agency shall only transfer the Computer Program(s) to the Government with "Restricted Rights" as that term is defined in FAR 52.227-19(c)(2) or DFAR 252.227-7015, and in accordance with CA's then current GSA FSS contract. All Software is provided FOB shipping point or electronic delivery. Acceptance is waived and deemed to have occurred at the earliest of point of physical shipment or delivery of keys/access codes for electronic delivery. CA is the manufacturer of the Product.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its choice of law provisions.

9. CA warrants that it can enter into this Agreement and that it will indemnify, hold Licensee harmless, and defend or, at its option, settle any claim that CA is not so authorized or that Licensee's use of the Product as authorized hereby infringes any patent, copyright or other intellectual property right of any third party. CA also warrants that the Product will operate in accordance with its published specifications, provided that CA's only responsibility will be to use reasonable efforts, consistent with industry standards, to cure any defect. The foregoing warranty respecting the operation of the Product will be in effect only during any period for which Licensee shall have paid the applicable license fee and annual maintenance fee, or, with respect to Products licensed without an Order Form, during a period of ninety (90) days from Licensee's acquisition of license for the Product. If, within a reasonable time after receiving Licensee's written notice of breach of either of the above warranties, CA is unable to cause the Product to operate (a) without infringing a third party's intellectual property rights, or (b) in accordance with CA's written specifications, then either party may terminate this Agreement on written notice to the other party and CA or the authorized reseller will refund the relevant license fees paid for such non-compliant Product only when Licensee returns the Product to CA or its authorized reseller from whom it obtained the Product, with the purchase receipt within the warranty period noted above. The warranties set forth in this Section do not apply to beta versions of the Product, Product licensed on a trial or evaluation basis or to Software Development Kits.

10. EXCEPT AS SET FORTH ABOVE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW:

(I) NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY CA;

(II) IN NO EVENT WILL CA BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY CLAIM FOR LOSS, INCLUDING TIME, MONEY, GOODWILL, AND CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM THE USE, OPERATION OR MODIFICATION OF THE PRODUCT, EVEN IF CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE ABOVE LIABILITY LIMITATION IS FOUND TO BE INVALID UNDER APPLICABLE LAW, THEN CA's LIABILITY FOR SUCH CLAIM SHALL BE LIMITED TO THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID FOR THE PRODUCT BY LICENSEE. NO THIRD PARTY, INCLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED CA RESELLERS IS AUTHORIZED TO MODIFY ANY OF THE ABOVE WARRANTIES OR MAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF CA. CA DOES NOT WARRANT THAT THE PRODUCT WILL MEET LICENSEE's REQUIREMENTS OR THAT USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.

11. Licensee may assign this Agreement only if Licensee complies with CA's then prevailing policies respecting assignment of licenses, which includes a requirement that the scope of use of the Product not be expanded beyond the business of Licensee and the business of Licensee's majority-owned subsidiaries. CA may assign this Agreement to any third party that succeeds to CA's interests in the Product and assumes the obligations of CA hereunder; and CA may assign its right to payment hereunder or grant a security interest in this Agreement or such payment right to any third party.

12. If Licensee breaches any term of this Agreement or if Licensee becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against Licensee, CA shall have the right to withhold its own performance hereunder and/or to terminate this Agreement immediately and, in addition to all other rights of CA, all amounts due or to become due hereunder will immediately be due and payable to CA.

13. If Licensee fails to pay the applicable maintenance fee, then Licensee may reinstate maintenance thereafter by paying to CA a fee equal to 150% of CA's then prevailing maintenance fee for each year for which the maintenance fee has not been paid.

14. If a court holds that any provision of this Agreement to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of this Agreement shall be a waiver of any other breach, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Any questions concerning this Agreement should be referred to CA, Inc., One CA Plaza, Islandia, NY 11749, Attention: Worldwide Law Department.

15. In the event Licensee acquires a license for the Product outside of the United States, the following Sections will apply to the use of the Product:

Notwithstanding the terms of the last sentence of Section 8, the laws of the country in which Licensee acquires a license for the Product shall govern this Agreement, except as otherwise provided below.

In Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Romania, Russia, Slovak Republic, Slovenia, and Ukraine, the laws of Austria govern this Agreement.

Argentina

The CA subsidiary that is the licensor is Computer Associates de Argentina S.A.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Argentina. Any dispute hereunder shall be determined by the Tribunales de la Cuidad de Buenos Aires.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to Computer Associates de Argentina S.A, Avenida Alicia Moreau de Justo, 400, 2 piso, 1107, Buenos Aires At.: Finance Department.

Australia

The CA subsidiary that is the licensor is Computer Associates Pty. Ltd.

The following is added to each of the end of Sections 2, 3 and 10:

Although CA specifies that there are no warranties, Licensee may have certain rights under the Trade Practices Act 1974 and other state and territory legislation which may not be excluded but may be limited. To the full extent permitted by law CA excludes all terms not expressly set out in the express terms of this Agreement, and limits any terms imposed by the Trade Practices Act 1974 and other state and territory legislation to the full extent permitted by the applicable legislation.

The last sentence of Section 8 is deleted and replaced with:

The laws of the State or Territory in which the transaction is performed govern this Agreement.

The following is added to Section 10:

Where CA is in breach of a condition or warranty implied by the Trade Practices Act 1974 or other state and territory legislation, CA's liability is limited, in the case of goods, to the repair or replacement of the goods, or payment for the repair or replacement of the goods, and in the case of services, the supplying of the services again or payment for the re-supply of the services, as CA may elect. Where that condition or warranty relates to a right to sell, quiet possession or clear title, in respect of goods or if the goods supplied by CA are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this Section apply.

Austria

The last sentence of Section 8 is deleted and replaced with:

The laws of Austria govern this Agreement. The following is added to Section 8: In addition, CA is entitled to bring action against Licensee in a court located in Licensee's place of incorporation, establishment or permanent residence.

The following is added to Section 10:

Any liability for the slight negligence of CA is excluded.

The following is added to the Agreement:

In the event the Licensee qualifies as a consumer according to Austrian Consumer Protection Act ("Konsumentenschutzgesetz" "KSchG") Sections 2, 3, 9 and 10 of this Agreement are not applicable to the extent they reduce CA's liability and the consumer's warranty.

Belgium

The CA subsidiary that is the licensor is Computer Associates S.A./N.V.

The last sentence of Section 8 is deleted and replaced with:

The courts of CA's registered office shall have exclusive jurisdiction regarding any dispute that may arise between the parties dealing with the formation, execution, interpretation, or termination of this Agreement, including but not limited to measures of conservation, emergency proceedings, warranty proceedings, petition or in case of more than one defendant.

The last sentence of Section 14 are deleted and replaced with:

Any question concerning this Agreement should be referred to Computer Associates S.A./N.V., Da Vincilaan 11, Box F2, Building Figueras, B-1935 Zaventem, Attention: Worldwide Law Department.

Brazil

The CA subsidiary that is the licensor is CA Programas de Programas de Computador Ltda.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Brazil. Any dispute hereunder shall be determined by a court of the São Paulo City Hall.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to CA Programas de Programas de Computador Ltda, Avenida das Nações Unidas, 12901 6 andar Torre Norte São Paulo SP, 04578-000, At.: Worldwide Law Department.

Canada

The CA subsidiary that is the licensor is Computer Associates Canada Company.

The last sentence of Section 8 is deleted and replaced with:

The laws in the Province of Ontario shall govern this Agreement.

Chile

The CA subsidiary that is the licensor is Computer Associates de Chile S.A.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Chile. Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Santiago.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to Computer Associates de Chile S.A, Avenida Providencia 1760, piso 15 Edificio Palladio, oficina 1501 - 6640709 Providencia - Santiago At.: Finance Department.

China

The CA subsidiary that is the licensor is CA (China) Co., Ltd.

The second sentence of Section 6 is deleted and replaced with:

All fees are inclusive of VAT.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the People's Republic of China, without regard to its choice of law provisions. Any dispute hereunder shall be determined by a competent court located in Beijing.

Colombia

The CA subsidiary that is the licensor is Computer Associates de Colombia S.A.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Colombia. Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Bogotá.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to Computer Associates de Colombia S.A, Avenida 82, numero 12-18, Oficina 305 Santa Fé de Bogotá, D.C., Colombia At.: Finance Department.

Czech Republic

The first sentence of Section 1 is deleted and replaced with:

CA grants the Licensee a non-exclusive license to use the Product, for use by a single user, or the quantity designated as the authorized use limitation ("Authorized Use Limitation") on any Order Form (defined below) referencing the terms of this Agreement or CD sleeve included within the Product box.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the Czech Republic, without regard to its choice of law provisions. Any dispute hereunder shall be determined by a court of competent jurisdiction within the Czech Republic.

Section 10 is deleted and replaced with:

Except as set forth above, to the full extent permitted by applicable law, no other warranties, whether express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, are made by CA.

Denmark

The CA subsidiary that is the licensor is Computer Associates Scandinavia A/S.

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I agree" button below, you are:

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

The following is added to the last paragraph of the Preamble:

In the event that you select the "I disagree" button below, the installation shall cease. You should delete all copies of the Product from your computer systems and return, by registered first class post, the Product, complete with box and any documentation, to CA or the authorized reseller from whom you purchased the Product with your proof of purchase within thirty (30) days of the date of purchase. You will promptly be issued a full refund of any license fees paid for the Product and, if applicable, maintenance fees paid. If requested at the time of return and provided that receipts of costs incurred are provided, CA or the authorized reseller shall also refund to you any postage costs you incurred in returning the Product.

The second to last sentence of Section 2 is deleted and replaced with:

Beta products are provided on an "as is" basis, without warranties or representations of any kind, either express or implied including, without limitation, any warranties, conditions or representations of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

The last sentence of Section 3 is deleted and replaced with:

Licensee's use of the product during the trial period is on an "as is" basis without any warranty, and CA disclaims all warranties including, without limitation, any implied warranties or conditions of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not:

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(III) Use the Product in connection with a service bureau or like activity whereby Licensee, without purchasing a license from CA for such purpose, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of CA, save for contract staff of the Licensee who are acting on the Licensee's business, not engaged in facilities management and who the Licensee agrees as a condition of this Agreement to ensure such contract staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

Section 10. (A) is deleted and replaced with:

No other warranties, whether express or implied, including, without limitation, any implied warranties or conditions of merchantability, satisfactory quality and fitness for a particular purpose, are made by CA; and

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

a. Tangible property damage to the extent that such is due to the negligence of an employee or authorized agent of CA, in which event CA's maximum liability shall be limited to $1,000,000 for each event or series of events;

b. Death or personal injury caused by the negligence of an employee or authorized agent of CA.

France

The CA subsidiary that is the licensor is CA S.A.

The last sentence of Section 8 is deleted and replaced with:

The Commercial Court of Paris shall have exclusive jurisdiction regarding any dispute that may arise between the parties dealing with the formation, execution, interpretation, or termination of this Agreement, including but not limited to measures of conservation, emergency proceedings, warranty proceedings, petition or in case of more than one defendant.

The last sentence of Section 14 is deleted and replaced with:

Any question concerning this Agreement should be referred to CA S.A. Immeuble Ex-Libris, 25 quai du Président Paul Doumer, 92408 COURBEVOIE Cedex, Attention: Worldwide Law Department.

Germany

The CA subsidiary that is the licensor is CA Computer Associates GmbH.

Section 6 of the Agreement is deleted.

The twelfth sentence of Section 8 is deleted. The sixteenth sentence of Section 8 is deleted and replaced with:

Licensee shall comply with all relevant import and export regulations, including those adopted by the Office of Export Administration of the US Department of Commerce, any competent EU government and German export regulations. Licensee understands and acknowledges that US, EU and German restrictions vary regularly and, depending on Product, Licensee must refer to then current US, EU or German regulations.

The following is added to Section 9:

CA shall not be liable for any infringement based upon use of other than an unaltered release of the Product unless altered with CA's prior written consent.

Section 10 is deleted and replaced with:

In case of (i) willful misconduct, no limitation of liability applies;(ii) personal injury or damage to property, CA's liability to Licensee is limited to the maximum amount that CA will recover under its insurance policies; (iii) gross negligence that results in other damage than personal injury or damage to property, CA's liability to Licensee shall be limited to an amount equal to the license fee for the Product; (iv) negligence that results in damages other than personal injury or damage to property, CA's liability to Licensee shall be limited to an amount equal to fifty percent (50%) of the license fee for the Product. Notwithstanding the foregoing, the aggregated liability according to (iii) and (iv) above shall never exceed an amount equal to the purchase price of the Product. Except in case of willful misconduct or gross negligence, neither party shall be liable to the other for indirect, incidental, special or consequential damage, including but not limited to harm to services supplied by Licensee, or loss of business, loss of profit, or loss of data, arising out of or in connection with the implementation or the use of the Product. No actions, regardless of form, arising out of this Agreement may be brought by either party more than three (3) years after the cause of action has arisen, or, in the cause of non-payment, more than three (3) years from the date of the relevant invoice. Neither party shall be liable for delay in performing or failure to perform any of its obligations under this Agreement if the delay or failure results from events or circumstances outside its reasonable control. Such delay or failure shall not constitute a breach of this Agreement and time for performance shall be extended by time equivalent to the length of the delay caused by force majeure.

Greece

The CA subsidiary that is the licensor is Computer Associates Hellas Ltd.

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall finally be determined by Athens Courts.

Hong Kong

The CA subsidiary that is the licensor is CA (Hong Kong) Limited.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Hong Kong. The courts of Hong Kong will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

The following is added at the end of Section 10: The aforementioned liability limitation and the aforementioned maximum liability amount will not affect or prejudice the statutory rights of the licensee under the sale of goods ordinance, the supply of services (implied terms) ordinance or the control of exemption sections ordinance, nor will they limit or exclude any liability for death or personal injury solely caused by CA's negligence.

India

The CA subsidiary that is the licensor is CA Computer Associates India Pvt. Ltd.

The last sentence of Section 8 is deleted and replaced with:

This Agreement and the terms hereof shall be governed and construed in accordance with the laws of India and the courts of Mumbai shall have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

Indonesia

The last sentence of Section 8 is deleted and replaced with:

This Agreement and the terms hereof shall be governed and construed in accordance with the laws of Indonesia. The courts of Indonesia, located in Jakarta, will have the sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

Section 9 is amended by adding the following:

Licensee represents that Licensee (i) has full corporate power and authority; and (ii) is legally capable to execute, deliver and perform this Agreement. CA and Licensee agree to waive any provisions, procedures and operation of any applicable law to the extent that a court order is required for termination of this Agreement.

Israel

The CA subsidiary that is the licensor is CA Computer Associates Israel Ltd.

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall finally be determined by Tel Aviv Courts.

Italy

The CA subsidiary that is the licensor is Computer Associates S.p.A.

According to article 1341 and 1342 of the Italian Civil Code, the Licensee expressly accepts the terms and conditions included in Sections 6 (specifically the interest rate set forth in the last sentence), 8 and 9.

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall finally be determined by Milan Courts.

Japan

The CA subsidiary that is the licensor is CA Japan, Ltd.

The third sentence of Section 6 is deleted and replaced with:

Licensee agrees to pay any tariffs, duties or taxes imposed or levied by any government or governmental agency other than the taxes for which CA is responsible upon a presentation of invoices by CA.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the country of Japan, without regard to its choice of law provisions. Any dispute hereunder shall finally be determined by Tokyo District Court located in Tokyo Japan.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to CA Japan, Ltd., 2-1-1, Nishishinjyuku, Shinjyuku-ku, Tokyo, 163-0439, Japan, Attention: Worldwide Law Department.

Korea

The CA subsidiary that is the licensor is CA Korea Inc., Ltd.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Republic of Korea, without regard to its choice of law provisions.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to CA Korea Inc., Ltd, City Air Tower (18th Fl.), 159-9, Samsung-Dong, Kangnam-Ku, Seoul 135-973 Korea, Attention: Worldwide Law Department.

Lybia, Egypt, Lebanon, Jordan, Iraq, Kingdom of Saudi Arabia, Kuwait, Qatar, United Arab Emirates, Oman, Yemen and Pakistan

The CA subsidiary that is the licensor is CA Arabia FZ-LLC

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be interpreted according to, and governed by, the Laws of Dubai and the Federal Laws of the United Arab Emirates.

Any disputes shall be finally settled by arbitration in accordance with the Rules of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce & Industry, which Rules are deemed to incorporate reference to this Clause. The place of arbitration shall be Dubai. The arbitration proceedings and award shall be conducted and written in the English language. Judgment upon the award rendered may be executed by any court having jurisdiction, or application may be made to such court for a judicial recognition of the award or any order of enforcement thereof, as the case may be. The award of the arbitration shall be the sole and exclusive remedy between the parties regarding any and all claims and counterclaims presented to the arbitrators.

Malaysia

The CA subsidiary that is the licensor is Computer Associates (M) Sdn. Bhd.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Malaysia. The courts of Malaysia will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

The following is added to Section 10:

Although CA specifies that there are no other warranties, Licensee may have certain rights under the Consumer Protection Act 1999 and the warranties are only limited to the extent permitted by the applicable legislation.

Mexico

The CA subsidiary that is the licensor is Computer Associates de México S.A. de C.V.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of México. Any dispute hereunder shall be determined by the Tribunales de la Cuidad de México.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to Computer Associates de México S.A. de C.V, Avenida Jaime Balmes, 8 Piso 4 Oficina 403 Col. Los Morales Polanco , 11510 Mexico DF At.: Finance Department.

Netherlands

The CA subsidiary that is the licensor is Computer Associates B.V.

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I agree" button below, you are

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

The following is added to the last paragraph of the Preamble:

In the event that you select on "I disagree" button below, the installation shall cease. You should delete all copies of the Product from your computer systems and return, by registered first class post, the Product, complete with box and any documentation, to CA or the authorized reseller from whom you purchased the Product with your proof of purchase within thirty (30) days of the date of purchase. You will promptly be issued a full refund of any license fees paid for the Product and, if applicable, maintenance fees paid. If requested at the time of return and provided that receipts of costs incurred are provided, CA or the authorized reseller shall also refund to you any postage costs you incurred in returning the Product.

The second to last sentence of Section 2 is deleted and replaced with:

The last sentence of Section 3 is deleted and replaced with:

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(III) Use the Product in connection with a service bureau or like activity whereby Licensee, without purchasing a license for such purpose from CA, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of CA, save for contract staff of the Licensee who are acting on the Licensee's business, not engaged in facilities management and who the Licensee agrees as a condition of this Agreement to ensure that such contract staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

Section 10.(A) is deleted and replaced with:

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

b. Death or personal injury caused by the negligence of an employee or authorized agent of CA, or

c. Willful misconduct or gross negligence of CA.

New Zealand

The CA subsidiary that is the licensor is CA Pacific (NZ) Ltd.

Notwithstanding the final sentence of Section 6, the applicable interest charge on invoices unpaid by Licensee is 1.5% per month.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand. The courts of New Zealand will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

The following is added to Section 10:

Although CA specifies that there are no warranties, Licensee may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which CA supplies, if Licensee acquires the goods and services for the purposes of a business as defined in that Act. Where the Product is not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

The following is added to Section 12:

CA's rights under this Section shall also apply if any resolution is passed or proceedings are commenced for the liquidation or winding up of Licensee.

Norway

The CA subsidiary that is the licensor is Computer Associates Norway AS.

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I agree" button below, you are:

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

The following is added to the last paragraph of the Preamble:

The second to last sentence of Section 2 is deleted and replaced with:

The last sentence of Section 3 is deleted and replaced with:

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not:

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of CA, save for contract staff of the Licensee who are acting on the Licensee's business, not engaged in facilities management and who the Licensee agrees as a condition of this Agreement to ensure that such contract staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

Section 10.(A) is deleted and replaced with:

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

b. Death or personal injury caused by the negligence of an employee or authorized agent of CA.

c. Willful misconduct or gross negligence of CA.

Peru

The CA subsidiary that is the licensor is Computer Associates de Peru S.A.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Peru. Any dispute hereunder shall be determined by the Tribunales Ordinarios de La Cuidad de Lima.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to Computer Associates de Peru S.A, Avenida Paseo de La Republica, 3211, Piso 11, San Isidro, Lima 27, Peru At.: Finance Department.

Philippines

The CA subsidiary that is the licensor is Philippine Computer Associates International Inc.

The first seven sentences of Section 8 are deleted and replaced with:

Title to the Product and all modifications thereto shall remain with CA. The Product is a trade secret and the proprietary property of CA or its licensors. Usage rights respecting the Product may not be exchanged for any other CA product. Licensee and its employees will keep the Product and the terms of this Agreement strictly confidential. To the maximum extent permitted by applicable law, Licensee will not disclose, de-compile, disassemble nor otherwise reverse engineer the Product.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the Philippines. The courts of Makati City will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

Section 12 is deleted and replaced with:

If Licensee breaches any term of this Agreement or if Licensee becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against Licensee, CA shall have the right to withhold its own performance hereunder and/or to terminate this Agreement immediately upon notice and, in addition to all other rights of CA, all amounts due or to become due hereunder will immediately be due and payable to CA.

Poland

If payments are to be made in PLN, the last sentence of Section 6 is replaced as follows:

Any invoice which is unpaid by Licensee when due shall be subject to an interest charge equal to the lower of 1.5% per month or the statutory delay interest rate then applicable in Poland.

The last sentence of Section 8 is deleted and replaced with:

The laws of Poland govern this Agreement.

Section 12 is deleted and replaced with:

If Licensee breaches any term of this Agreement or if Licensee becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against Licensee, CA shall have the right to withhold its own performance hereunder and/or, to the extent permitted by the applicable law, to terminate this Agreement immediately and, in addition to all other rights of CA, all amounts due or to become due hereunder will immediately be due and payable to CA.

Portugal

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall finally be determined by Lisbon Courts.

Singapore

The CA subsidiary that is the licensor is Computer Associates Pte. Ltd.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. The courts of Singapore will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

The following is added to the end if Section 9:

To the full extent permitted by applicable law, CA disclaims all implied conditions or warranties of satisfactory quality or fitness for purpose.

The following is added at the end of Section 10:

The limitation of liability set forth in this Section above will not apply to any breach of CA's obligations implied by Section 12 of the Sales of Goods Act (Cap 393). In addition, if you are a consumer, the limitation of liability will not apply to any breach of CA's obligations implied by Sections 13, 14 or 15 of the Sale of Goods Act (Cap 393).

Sweden

The CA subsidiary that is the licensor is Computer Associates Sweden AB.

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I agree" button below, you are:

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

The following is added to the last paragraph of the Preamble:

The second to last sentence of Section 2 is deleted and replaced with:

The last sentence of Section 3 is deleted and replaced with:

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not:

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(III) Use the Product in connection with a service bureau or like activity whereby Licensee, without purchasing a license from CA for that purpose, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of CA, save for contract staff of the Licensee who are acting on the Licensee's business, not engaged in facilities management and who the Licensee agrees as condition of this Agreement to ensure that such staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

Section 10.(A) is deleted and replaced with:

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

b. Death or personal injury caused by the negligence of an employee or authorized agent of CA;

c. Willful misconduct or gross negligence of CA.

Switzerland

The following is added at the end of Section 1:

The place of performance of any duties of CA under this Agreement is Islandia, New York.

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall be determined by a court of competent jurisdiction within the state of New York, U. S. A.

Taiwan

The CA subsidiary that is the licensor is CA (Taiwan) Ltd.

The second sentence of Section 6 is deleted and replaced with:

All fees are inclusive of VAT.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of China, without regard to its choice of law provisions. Any dispute hereunder shall be determined by Taipei District Court.

Thailand

The CA subsidiary that is the licensor is Computer Associates Pte. Ltd.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Thailand. The courts of Thailand will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

Turkey

The following is added at the end of Section 8:

Licensee undertakes to keep all information of trade secret nature strictly private and confidential, and to use all necessary measures and its best efforts in order to assure and maintain the confidentiality thereof and to prevent and protect it, or any part thereof, from disclosure to any third person. Furthermore, Licensee hereby expressly undertakes:

(I) Not to use a CA trade secret directly or indirectly in any respect or for whatever reason on its own behalf or on behalf of any third party or allow it to be used for any other purpose except as expressly permitted by CA;

(II) Not to disclose, de-compile, disassemble nor otherwise reverse engineer the Product and to avoid such a disclosure in whatever form;

(III) Not to copy or permit the others to copy without CA's prior written consent.

Licensee acknowledges that in the event of a breach of any one of the obligations imposed upon it under this Section, CA might suffer significant damage, notwithstanding the return of all copies of the Product, arising out of the fact that it has breached the aforesaid obligations. Consequently, Licensee undertakes to indemnify CA in full against any such damage.

Licensee acknowledges that CA has the right to prevent any threat to confidentiality or restrain ongoing infringement or breach of confidentiality by Licensee through legal proceedings and in case an order is obtained against Licensee for breach, Licensee shall reimburse CA's juridical costs and expenses including the attorney fees.

The following is added at the end of Section 9:

In the event that CA is rendered unable, wholly or in part, to perform or implement any of its warranties herein set forth, by force majeure which includes governmental controls or orders of the government of Turkey, acts of God, wars, commotion or riot, epidemics, strikes, lockouts and any other events or forces beyond its reasonable control, it shall be relieved from such warranties and shall not be held liable for the non-fulfillment and/or suspended implementation thereof, as long as and to the extent that the effect of such events or forces remains unabated.

The following is added at the end of the second sentence of Section 10:

EXCEPT THAT MAY ARISE FROM CA's WILFUL FAULT OR NEGLIGENCE.

United Kingdom

The CA subsidiary that is the licensor is Computer Associates Plc.

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I agree" button below, you are:

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

The following is added to the last paragraph of the Preamble:

In the event that you select the "disagree" button, the installation shall cease. You should delete all copies of the Product from your computer systems and return, by registered first class post, the Product, complete with box and any documentation, to CA or the authorized reseller from whom you purchased the Product with your proof of purchase within thirty (30) days of the date of purchase. You will promptly be issued a full refund of any license fees paid for the Product and, if applicable, maintenance fees paid. If requested at the time of return and provided that receipts of costs incurred are provided, CA or the authorized reseller shall also refund to you any postage costs you incurred in returning the Product.

The second to last sentence of Section 2 is deleted and replaced with:

The last sentence of Section 3 is deleted and replaced with:

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not:

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of CA, save for contract staff of the Licensee who are acting on the Licensee's business, not engaged in facilities management and who the Licensee agrees as a condition of this Agreement to ensure that such contract staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

The last sentence of Section 8 is deleted and replaced with:

All disputes relating to this Agreement will be governed by the laws of England and Wales and will be submitted to the exclusive jurisdiction of the English courts.

Section 10.(A) is deleted and replaced with:

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

b. Death or personal injury caused by the negligence of an employee or authorized agent of CA;

c. Willful misconduct or gross negligence of CA.

Venezuela

The CA subsidiary that is the licensor is Computer Associates de Venezuela, CA.

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Venezuela. Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Caracas.

The last sentence of Section 14 is deleted and replaced with:

Any questions concerning this Agreement should be referred to Computer Associates de Venezuela, CA, Avenida Principal de La Castellana Centro Letonia, Torre ING Bank, Piso 10, Oficina 105 1060 Caracas Venezuela At.: Finance Department.

16. If the Product contains third party software, and the licensor requires the incorporation of specific license terms and conditions for such software into this Agreement, those specific terms and conditions, which are hereby incorporated by this reference, are located below this Agreement.

Licensee acknowledges that this license has been read and understood and by selecting the ["I agree "] button, licensee accepts its terms and conditions. Licensee also agrees that this license (including any order form referencing this Agreement and any terms relating to third party software which are set forth below this Agreement) constitutes the complete Agreement between the parties regarding this subject matter and that it supersedes any information licensee has received relating to the subject matter of this Agreement, except that this Agreement (excluding the third party terms below) will be superseded by any written Agreement, executed by both licensee and CA, granting licensee a license to use the product. This Agreement may only be amended by a written Agreement signed by authorized representatives of both parties.

Select the ["I agree"] button to accept the terms and conditions of this Agreement as set forth above and proceed with the installation process.

Select the ["I disagree"] button to halt the installation process.

===============================================

3^rd Party Software Acknowledgments

This product includes software developed by the Apache Software Foundation (http://www.apache.org/). The Apache software is distributed in accordance with the following license agreement.

The Apache Software License, Version 1.1

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

4. The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.

5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see <http://www.apache.org/>.

===============================================

This product includes software developed by Silicon Graphics. The software is distributed under the following notices.

SGI STL (Standard Template Library) -- Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear in supporting documentation. Silicon Graphics makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

Hewlett-Packard Company

===============================================

zlib.h -- interface of the 'zlib' general purpose compression library version 1.1.4, March 11th, 2002 Copyright (C) 1995-2002 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Jean-loup Gailly jloup@gzip.org Mark Adler madler@alumni.caltech.edu

================================================

The OpenLDAP Public License

Version 2.8, 17 August 2003

Redistribution and use of this software and associated documentation

("Software"), with or without modification, are permitted provided

that the following conditions are met:

1. Redistributions in source form must retain copyright statements

and notices,

2. Redistributions in binary form must reproduce applicable copyright

statements and notices, this list of conditions, and the following

disclaimer in the documentation and/or other materials provided

with the distribution, and

3. Redistributions must contain a verbatim copy of this document.

The OpenLDAP Foundation may revise this license from time to time.

Each revision is distinguished by a version number. You may use

this Software under terms of this license revision or under the

terms of any subsequent revision of the license.

THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS

CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT

SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S)

OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,

BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER

CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN

ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE

POSSIBILITY OF SUCH DAMAGE.

The names of the authors and copyright holders must not be used in

advertising or otherwise to promote the sale, use or other dealing

in this Software without specific, written prior permission. Title

to copyright in this Software shall at all times remain with copyright

holders.

OpenLDAP is a registered trademark of the OpenLDAP Foundation.

distribute verbatim copies of this document is granted.

================================================

This file is part of the OpenSSH software.

The licences which components of this software fall under are as

follows. First, we will summarize and say that all components

are under a BSD licence, or a licence more free than that.

OpenSSH contains no GPL code.

* As far as I am concerned, the code I have written for this software

* can be used freely for any purpose. Any derived versions of this

* software must be clearly marked as such, and if the derived work is

* incompatible with the protocol description in the RFC file, it must be

* called by a name other than "ssh" or "Secure Shell".

[Tatu continues]

* However, I am not implying to give any licenses to any patents or

* copyrights held by third parties, and the software includes parts that

* are not under my direct control. As far as I know, all included

* source code is used in accordance with the relevant license agreements

* and can be used freely for any purpose (the GNU license being the most

* restrictive); see below for details.

[However, none of that term is relevant at this point in time. All of

these restrictively licenced software components which he talks about

have been removed from OpenSSH, i.e.,

- RSA is no longer included, found in the OpenSSL library

- IDEA is no longer included, its use is deprecated

- DES is now external, in the OpenSSL library

- GMP is no longer used, and instead we call BN code from OpenSSL

- Zlib is now external, in a library

- The make-ssh-known-hosts script is no longer included

- TSS has been removed

- MD5 is now external, in the OpenSSL library

- RC4 support has been replaced with ARC4 support from OpenSSL

- Blowfish is now external, in the OpenSSL library

[The licence continues]

Note that any information and cryptographic algorithms used in this

software are publicly available on the Internet and at any major

bookstore, scientific library, and patent office worldwide. More

information can be found e.g. at "http://www.cs.hut.fi/crypto".

The legal status of this program is some combination of all these

permissions and restrictions. Use only at your own responsibility.

You will be responsible for any legal consequences yourself; I am not

making any claims whether possessing or using this is legal or not in

your country, and I am not taking any responsibility on your behalf.

NO WARRANTY

BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY

FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN

OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES

PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS

TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE

PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,

REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING

WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR

REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,

INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING

OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED

TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY

YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER

PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

The 32-bit CRC compensation attack detector in deattack.c was

contributed by CORE SDI S.A. under a BSD-style license.

* Cryptographic attack detector for ssh - source code

* forms, with or without modification, are permitted provided that

* this copyright notice is retained.

* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED

* WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL CORE SDI S.A. BE

* LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR

* CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR MISUSE OF THIS

* SOFTWARE.

* Ariel Futoransky <futo@core-sdi.com>

* <http://www.core-sdi.com>

ssh-keyscan was contributed by David Mazieres under a BSD-style

license.

* Modification and redistribution in source and binary forms is

* permitted provided that due credit is given to the author and the

* OpenBSD project by leaving this copyright notice intact.

The Rijndael implementation by Vincent Rijmen, Antoon Bosselaers

and Paulo Barreto is in the public domain and distributed

with the following license:

* @version 3.0 (December 2000)

* Optimised ANSI C code for the Rijndael cipher (now AES)

* @author Vincent Rijmen <vincent.rijmen@esat.kuleuven.ac.be>

* @author Antoon Bosselaers <antoon.bosselaers@esat.kuleuven.ac.be>

* @author Paulo Barreto <paulo.barreto@terra.com.br>

* This code is hereby placed in the public domain.

* THIS SOFTWARE IS PROVIDED BY THE AUTHORS ''AS IS'' AND ANY EXPRESS

* OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

* WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

* ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE

* LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR

* CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF

* SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR

* BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,

* WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE

* OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,

* EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

One component of the ssh source code is under a 3-clause BSD license,

held by the University of California, since we pulled these parts from

original Berkeley code.

* Redistribution and use in source and binary forms, with or without

* modification, are permitted provided that the following conditions

* are met:

* 1. Redistributions of source code must retain the above copyright

* notice, this list of conditions and the following disclaimer.

* 2. Redistributions in binary form must reproduce the above copyright

* notice, this list of conditions and the following disclaimer in the

* documentation and/or other materials provided with the distribution.

* 3. Neither the name of the University nor the names of its contributors

* may be used to endorse or promote products derived from this software

* without specific prior written permission.

* THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND

* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

* ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE

* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

* SUCH DAMAGE.

Remaining components of the software are provided under a standard

2-term BSD licence with the following names as copyright holders:

Markus Friedl

Theo de Raadt

Niels Provos

Dug Song

Aaron Campbell

Damien Miller

Kevin Steves

Daniel Kouril

Wesley Griffin

Per Allansson

Nils Nordman

Simon Wilkinson

* Redistribution and use in source and binary forms, with or without

* modification, are permitted provided that the following conditions

* are met:

* 1. Redistributions of source code must retain the above copyright

* notice, this list of conditions and the following disclaimer.

* 2. Redistributions in binary form must reproduce the above copyright

* notice, this list of conditions and the following disclaimer in the

* documentation and/or other materials provided with the distribution.

* THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR

* IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES

* OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

* IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,

* INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT

* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,

* DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY

* THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF

* THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

------

$OpenBSD: LICENCE,v 1.19 2004/08/30 09:18:08 markus Exp $

================================================

* Redistribution and use in source and binary forms, with or without

* modification, are permitted provided that the following conditions

* are met:

* 1. Redistributions of source code must retain the above copyright

* notice, this list of conditions and the following disclaimer.

* 2. Redistributions in binary form must reproduce the above copyright

* notice, this list of conditions and the following disclaimer in

* the documentation and/or other materials provided with the

* distribution.

* 3. All advertising materials mentioning features or use of this

* software must display the following acknowledgment:

* "This product includes software developed by the OpenSSL Project

* for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

* 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to

* endorse or promote products derived from this software without

* prior written permission. For written permission, please contact

* openssl-core@openssl.org.

* 5. Products derived from this software may not be called "OpenSSL"

* nor may "OpenSSL" appear in their names without prior written

* permission of the OpenSSL Project.

* 6. Redistributions of any form whatsoever must retain the following

* acknowledgment:

* "This product includes software developed by the OpenSSL Project

* for use in the OpenSSL Toolkit (http://www.openssl.org/)"

* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY

* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

* PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR

* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT

* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)

* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED

* OF THE POSSIBILITY OF SUCH DAMAGE.

* ====================================================================

* This product includes cryptographic software written by Eric Young

* (eay@cryptsoft.com). This product includes software written by Tim

* Hudson (tjh@cryptsoft.com).

Original SSLeay License

-----------------------

* This package is an SSL implementation written

* by Eric Young (eay@cryptsoft.com).

* The implementation was written so as to conform with Netscapes SSL.

* This library is free for commercial and non-commercial use as long as

* the following conditions are aheared to. The following conditions

* apply to all code found in this distribution, be it the RC4, RSA,

* lhash, DES, etc., code; not just the SSL code. The SSL documentation

* included with this distribution is covered by the same copyright terms

* except that the holder is Tim Hudson (tjh@cryptsoft.com).

* Copyright remains Eric Young's, and as such any Copyright notices in

* the code are not to be removed.

* If this package is used in a product, Eric Young should be given attribution

* as the author of the parts of the library used.

* This can be in the form of a textual message at program startup or

* in documentation (online or textual) provided with the package.

* Redistribution and use in source and binary forms, with or without

* modification, are permitted provided that the following conditions

* are met:

* 1. Redistributions of source code must retain the copyright

* notice, this list of conditions and the following disclaimer.

* 2. Redistributions in binary form must reproduce the above copyright

* notice, this list of conditions and the following disclaimer in the

* documentation and/or other materials provided with the distribution.

* 3. All advertising materials mentioning features or use of this software

* must display the following acknowledgement:

* "This product includes cryptographic software written by

* Eric Young (eay@cryptsoft.com)"

* The word 'cryptographic' can be left out if the rouines from the library

* being used are not cryptographic related :-).

* 4. If you include any Windows specific code (or a derivative thereof) from

* the apps directory (application code) you must include an acknowledgement:

* "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND

* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

* ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE

* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

* SUCH DAMAGE.

* The licence and distribution terms for any publically available version or

* derivative of this code cannot be changed. i.e. this code cannot simply be

* copied and put under another distribution licence

* [including the GNU Public Licence.]

================================================================================

BUSINESS OBJECTS LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BUSINESS OBJECTS FOR THE BUSINESS OBJECTS SOFTWARE PRODUCT ACCOMPANYING THIS AGREEMENT, WHICH MAY

INCLUDE COMPUTER SOFTWARE, ASSOCIATED MEDIA, PRINTED MATERIALS AND ONLINE OR ELECTRONIC DOCUMENTATION (?SOFTWARE?). BEFORE CONTINUING WITH THE INSTALLATION OF THE

SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT THAT FOLLOWS (?AGREEMENT?). IF YOU DO NOT ACCEPT THE TERMS

AND CONDITIONS OF THE AGREEMENT, YOU MAY RETURN, WITHIN THIRTY (30) DAYS OF PURCHASE, THE SOFTWARE TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND.

1. GRANT OF LICENSE. Business Objects grants you a nonexclusive and limited license to use the Software products and functionalities for which you have paid the

applicable fees solely for your internal business purposes and in accordance with the terms and conditions of this Agreement. The Software is licensed, not sold,

to you. If you acquired this product as a special offer or as a promotional license included with another Business Objects product, additional restrictions apply

as set forth in section 3.9 below. If you acquired this product bundled or in combination with a third party product, you may only use the Software with the third

party product as described in section 3.6 (?Restricted License?) below. This license does not apply to any other software program provided with the Software,

including promotional software, which is governed by the online software license agreement included with that software.

?Business Objects? is the Business Objects company from whom you are purchasing the Software or related services, either directly or indirectly through a reseller.

2. INSTALLATION AND USE. You may install and use the Software only in the configuration and for the number of licenses acquired by you. You may also install

non-production copies of the Software as is reasonably necessary for disaster recovery, emergency restart and backup, including, but not limited to making copies

for such purposes for use at one or more disaster recovery sites. In order to exercise your rights to the Software under this License Agreement you must activate

your copy of the Software in the manner described during the launch sequence. Business Objects may control the number and type of licenses and the use of the

Software by key codes.

3. LICENSE TYPES AND DEFINITIONS.

3.1. Named User License (?NUL?). When the Software is licensed on a Named User basis, each individual Named User must be specifically identified as the sole

holder of a NUL. The sharing of the NUL by more than one individual is expressly prohibited. In addition, NUL(s) may not be transferred from one individual to

another unless the original end user no longer requires, and is no longer permitted, access to the Software. NUL(s) are assigned to a single Deployment and may

not be shared among different Deployments.

3.2. Concurrent Access License (?CAL?). When the Software is licensed on a Concurrent Access basis, the aggregate number of end users accessing the Software at

any one time may not exceed the number of CALs you have obtained. CAL(s) are assigned to a particular Deployment, and may not be shared among different Deployments.

When using Concurrent Access licenses, you may not utilize a program or system to cache or queue report requests.

3.3. Processor License. When the Software is licensed on a Processor basis, the aggregate number of central processing units (?Processors?) running any Software

components(s) (except the Web Connector, SDK, Report Publishing Wizard and report viewers) may not exceed the number of Processors licensed. A multi-core chip

Processor with N processor cores shall be counted as N Processors.

3.4. Server License (Data integration products only). When the Software is licensed on a Server basis, the Software may be loaded onto a single computer with

up to four Processors.

3.5. LPAR License (DB2 Information Integrator only). A LPAR license permits use of the Software with a single data source on a single logical partition as

implemented by IBM.

3.6. Restricted License. If you acquired the Software bundled or otherwise provided in combination with or for use with a third party product (?OEM Application?),

you have acquired a Restricted License. You may use each licensed copy of the Software only in conjunction with the OEM Application with which it was provided.

Accessing data that is not specifically created or processed by the OEM Application is in violation of this license. If the OEM Application requires the use of

a data mart or data warehouse, the Software may be used with the data mart or data warehouse only to access data created or processed by the OEM Application.

Restricted Licenses may not be combined with unrestricted licenses in the same Deployment.

3.7. Development License. If you receive a Development License, you may use the number and type of licenses acquired only to develop or test Deployments.

A Development License cannot be used in or transferred to a production environment.

3.8. Update License. If you received the Software as an update to a previously licensed product, your license to use the Software is limited to the aggregate

number of licenses you have acquired for the previous product. If you choose to use the Software and the previous product simultaneously, the aggregate number

of licenses used to access the Software and the previous product may not exceed the aggregate number of licenses you acquired for the previous product.

3.9. Promotional License. If you received the Software as a special offer or promotional license (?Promotional License?), you may only use the Promotional Licenses

with a new Deployment. Promotional Licenses may not be added to or used with an existing Deployment or Project.

3.10. Evaluation/Not for Resale License. An Evaluation or Not For Resale license may be used only for the number and type of licenses specified and for the

period specified on the Software packaging, ordering or shipping documentation. If the ordering or shipping documentation specifies a particular project,

the Software may be used only with that project. An Evaluation License may only be used for evaluation purposes and may not be used for production purposes.

Notwithstanding any other provision of this Agreement, Software provided under an Evaluation or Not for Resale licenses is provided ?AS-IS? without warranty of any kind, express or implied.

An Evaluation License or Not for Resale License may be terminated by Business Objects upon written notice at any time.

3.11. Definitions. ?Deployment? means a single installation of no more than one of the following Software modules: Repository, Security Domain, Central

Management Server (?CMS?) or CMS Cluster. ?Project? means one or more Deployments (a) providing the same or substantially similar reports; (b) utilizing the

same or a substantially similar custom application interface; or (c) used with applications consisting of related modules or components.

4. PRODUCT SPECIFIC USE RIGHTS.

4.1. Performance Management Application Modules/Solutions. The software components, tools and utilities supplied with a Performance Management Application

Module/Solution may only be used with the product with which they were provided.

4.2. BusinessObjects Enterprise. You may not combine licenses for different editions of BusinessObjects Enterprise in a single Deployment

(for example, Premium licenses may not be combined with Professional licenses in the same Deployment). You may use BusinessObjects Enterprise Professional to

publish and distribute only one of Business Objects' proprietary report format types (Crystal Reports, OLAP Intelligence/Crystal Analysis, Web Intelligence/Desktop

Intelligence). Web Intelligence and Desktop Intelligence are deemed a single proprietary report format for this purpose. If you wish to publish and distribute

more than one report format type, you must acquire BusinessObjects Enterprise Premium.

4.3. BusinessObjects Enterprise Professional and Crystal Enterprise Professional Options. BusinessObjects Enterprise Professional Options are licensed as

add-ons to a Deployment. Options include Crystal Reports Explorer, Auditing, Publishing, Live Office, Integration Kits for third party applications and other

products designated as BusinessObjects Enterprise Options. The number and type of Option licenses must match the number and type of BusinessObjects Enterprise

licenses in the Deployment in which the Options are used.

4.4. Web Intelligence Interactive Viewing. Keycodes to Web Intelligence Interactive Viewing unlock all features of the full Web Intelligence product.

However, Web Intelligence Interactive Viewing is a limited license and may not be utilized to edit or create documents.

4.5. BusinessObjects Rapid Marts. When licensing BusinessObjects Rapid Marts, a license for BusinessObjects Data Integrator must also be obtained. If

BusinessObjects Rapid Marts are licensed with BusinessObjects Data Integrator, an individual BusinessObjects Rapid Marts license must be obtained for

each BusinessObjects Data Integrator license. Copying one BusinessObjects Rapid Marts license and then deploying it to other instances is prohibited.

In addition to the foregoing, you must license certain applicable application interfaces.

4.6. BusinessObjects Data Integrator. If you desire to deploy a Server License to access enterprise data sources such as packaged applications, mainframes,

or technology infrastructure products (?Enterprise Data Sources?), you must obtain individual BusinessObjects Data Integrator Interface licenses.

4.7. BusinessObjects Data Integrator Interfaces. When licensing the BusinessObjects Data Integrator Interfaces, licenses for BusinessObjects Data Integrator

must also be obtained. An individual interface license must be acquired for each BusinessObjects Data Integrator license. If multiple instances of an

Application, Technology, or Mainframe type are accessed by the BusinessObjects Data Integrator Interface, then one interface license must be acquired for

each instance. If multiple instances of a Database type are accessed by the BusinessObjects Data Integrator Interface, then only one interface license must

be acquired for that Database type. Unlike other Interfaces, Database interfaces are charged per database type and not per instance.

4.8. BusinessObjects Knowledge Accelerator. BusinessObjects Knowledge Accelerator may be used to meet your employee training needs for the number of employees

identified to Business Objects (?Employees?) and may not be used by or on behalf of any third party. You shall purchase additional licenses equal to the

number of additional or new Employees to be trained. Any customization tools included with the BusinessObjects Knowledge Accelerator Product (RWD Info Pak

Simulator, Publisher and Web Architect) shall be used only for modifying or customizing the content developed by BusinessObjects Knowledge Accelerator Product,

and only by the number of instructional designers and administrators specified in the sales order. You shall not modify, reverse engineer, or distribute for

commercial or non-commercial use of such tools, or use such tools to develop other content, including content related to other Business Objects products.

A Named User License of Knowledge Accelerator may not be transferred to another individual unless the original Named User is no longer employed by You.

4.9. BusinessObjects Publisher. BusinessObjects Publisher may be licensed on a: 1) Processor basis, or 2) Named User basis, where each recipient of a report

generated by BusinessObjects Publisher must have a Named User license.

5. OWNERSHIP. Business Objects and/or its suppliers retain all right, title and interest in and to the Software and all copies at all times, regardless of the

form or media in or on which the original or other copies may subsequently exist. You neither own nor hereby acquire any claim or right of ownership to the

Software or to any related patents, copyrights, trademarks or other intellectual property. You agree to retain the Software, the terms of this Agreement as

well as any Software benchmark or similar tests (whether performed by you, Business Objects or any third party) in confidence and prevent them from unauthorized

disclosure or use except with Business Objects' prior written consent. Business Objects and/or its suppliers reserve all rights not expressly granted to you.

Business Objects' suppliers are the intended third party beneficiaries of this License Agreement and have the express right to rely upon and directly enforce the

terms set forth herein.

6. COPYRIGHT. The Software is copyrighted by Business Objects and/or its suppliers and is protected by United States copyright and patent laws and international

treaty provisions. You may not copy the Software except: (a) to provide a non-production backup copy; or (b) to install the Software components licensed by you,

as set forth in Sections 2, on to computers as part of executing the Software. Solely with respect to the documentation included with the Software, you may make

a reasonable number of copies (either in hardcopy or electronic form), provided that such copies shall be used only by licensed end users in conjunction with their

use of the Software and are not republished or distributed to any third party. You must reproduce and include all copyright notices, trademarks or other proprietary

legends of Business Objects and its suppliers on any copy of the Software or documentation made by you. Any and all other copies of the Software made by you are in

violation of this Agreement.

7. RESTRICTIONS. Except as expressly permitted by this License Agreement or by applicable law you may not: (a) lease, loan, resell, assign, sublicense, or

otherwise distribute the Software or any of the rights granted by this License Agreement without the express written permission of Business Objects; (b) use the

Software to provide or operate Application Service Provider (ASP), service bureau, marketing, training, outsourcing services, or consulting services, or any other

commercial service related to the Software or to develop training materials; (c) modify (even for purposes of error correction), adapt, or translate the Software

or create derivative works therefrom except as necessary to configure the Software using the menus, options and tools provided for such purposes and contained in

the Software; (d) in any way reverse engineer, disassemble or decompile the Software or the .RPT report file format (including reverse compiling to ensure

interoperability) or any portion thereof except to the extent and for the express purposes authorized by applicable law notwithstanding this limitation; (e) use the

Software to develop a product which is competitive with any Business Objects product offerings; (f) use the Software to develop a product that converts the report file

(.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of

Business Objects; (g) use unauthorized keycode(s) or distribute keycode(s); (h) disclose any Software benchmark results to any third party without Business Objects'

prior written approval, (i) permit third party access to, or use of the Software except as expressly permitted herein, and (j) distribute or publish keycode(s).

If you wish to exercise any right to reverse engineer to ensure interoperability in accordance with applicable law, you shall first provide written notice to

Business Objects and permit Business Objects, at its discretion, to make an offer to provide information and assistance reasonably required to ensure Software

interoperability with your other products for a fee to be mutually agreed upon (if any).

8. LIMITED WARRANTY AND REMEDY.

(a) Business Objects warrants to you that: (i) for a period of thirty (30) days from delivery of the Software, the Software will substantially conform to the

functional description set forth in the standard documentation accompanying the Software; and (ii) for a period of thirty (30) days from delivery the physical media

(e.g., CD-ROM), such physical media will be free from defects in materials and workmanship. Any implied warranties on the Software and media are limited to thirty (30)

days from delivery, to the extent such warranties cannot be disclaimed under Section 8(c) below. The above warranties specifically exclude defects resulting from

accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Business Objects does not warrant that the Software will operate uninterrupted

or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or

otherwise affect the warranty period.

(b) Your exclusive remedy for breach of the above-stated limited warranty shall be, at Business Objects' option, either: (i) correction or replacement of the

Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the price paid for the Software and termination of this License

Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Business Objects only if you give Business Objects written notice

of any breach of the above-stated limited warranty, within thirty (30) days of delivery of the Software.

(c) EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS SECTION 8, BUSINESS OBJECTS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY

IMPLIED WARRANTY (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, (III) OF NON-INFRINGEMENT OF

THIRD PARTY RIGHTS, OR (IV) AGAINST HIDDEN DEFECTS. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply

to you, and you may have other legal rights that vary from state to state or by jurisdiction. YOU ACKNOWLEDGE THAT IN ENTERING INTO THIS AGREEMENT, YOU HAVE

RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE SOFTWARE AND THAT YOU HAVE SATISFIED YOURSELF AS TO THE SUITABILITY OF THE SOFTWARE TO MEET

YOUR REQUIREMENTS.

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will BUSINESS OBJECTS or its DISTRIBUTORS, SUPPLIERS or aFFILIATES

be liable TO you OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS

OR REVENUES, LOSS OR INACCURANCY OF ANY DATA, OR COST OF SUBSTITUTE GOODS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND EVEN IF BUSINESS

OBJECTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUSINESS OBJECTS AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU FOR ACTUAL DIRECT DAMAGES FOR ANY

CAUSE WHATSOEVER SHALL BE LIMITED TO THE SOFTWARE LICENSE FEES PAID BY YOU FOR THE SOFTWARE OR THE FEES PAID BY YOU FOR THE SERVICE DIRECTLY CAUSING THE DAMAGES.

THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING ALLOCATION OF RISK IS REFLECTED IN THE FEES

CHARGED UNDER THIS LICENSE AGREEMENT. Some states/jurisdictions do not allow the limitation or exclusion of liability IN CERTAIN CIRCUMSTANCES INCLUDED IN THIS

SECTION, so the above limitation may not apply to you ONLY IN SUCH CIRCUMSTANCES.

10. SUPPORT SERVICES. If you purchased Support Services, Business Objects will provide to you product support services for the Software in accordance with

Business Objects then current Support Services terms and conditions. If you purchase Support Services for the Software, you must purchase Support Services for

all authorized copies of said Software in your possession.

11. TERMINATION. This Agreement is effective until terminated. You may terminate this License Agreement at any time by providing Business Objects with written

notice, provided that you have complied with the return and/or destruction policy set forth below. However, you shall receive a refund of your license fee only

if this Agreement is terminated in compliance with Section 8 hereof. If you ordered an Evaluation License for the Software that is time disabled, this Agreement

will automatically terminate after the Evaluation Period, and you agree not to avoid, or attempt to avoid, any applicable time limitation. This Agreement may be

terminated by Business Objects if: (i) you fail to pay the license fees and other charges set forth at the time of your order; or (ii) you fail to comply with any

of the terms and conditions set forth in this Agreement and do not remedy such failure within thirty (30) days after receiving notice thereof. Termination shall

not relieve you from your obligation to pay fees that remain unpaid and shall not limit Business Objects from pursuing other available remedies. Upon termination

by Business Objects of this Agreement, Business Objects will have no obligation to refund to you any fees paid by you and you agree to waive in perpetuity and

unconditionally any and all claims for refunds. Upon any termination of this Agreement, you agree to: (i) immediately cease all use of the Software, including

the use and distribution of any Custom Applications incorporating the Software; and (ii) either return the Software to Business Objects or destroy same, and

certify to Business Objects, in writing, that all copies and partial copies thereof have been returned or completely destroyed and are no longer being used.

Sections 5, 6, 8(c), 9, 11, 12, 13, 14, 15, 17 and 18 shall survive any termination of this Agreement.

12. AUDIT. During the term of this Agreement and for two (2) year after termination or expiration, Business Objects may audit, upon reasonable notice to you

and at Business Objects' expense, your books and records to determine your compliance with this Agreement. In the event any such audit reveals that you have

underpaid Business Objects by an amount greater than five percent (5%) of the amounts due Business Objects in the period being audited, or that you have knowingly

breached any material obligation hereunder, then, in addition to such other remedies as Business Objects may have, you shall pay or reimburse to Business Objects

the cost of the audit.

13. GENERAL. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.

This Agreement constitutes the entire agreement between you and Business Objects, and supersedes any prior agreement, whether written or oral, relating to the

subject matter of this Agreement. This Agreement may not be modified except by an instrument in writing duly signed by an authorized representative of each of the

parties. If you are acquiring the Software on behalf of an entity, you represent and warrant that you have the legal capacity to bind such entity to this Agreement.

All terms of any purchase order or other ordering document submitted by you shall be superseded by this Agreement. In the event you and Business Objects have

executed a mutually agreed upon a separately executed software license and related services agreement (?MSLA?) and acquired the Software pursuant to such MSLA,

the terms of the MSLA may govern your use of the Software and the terms of this Agreement shall be superseded by the MSLA. The product name for the Software is a

trademark or registered trademark of Business Objects. Should you have questions concerning this License Agreement, please contact your local Business Objects

sales office or authorized reseller, or write to: Business Objects, Attn: Contracts Department, 3030 Orchard Parkway, San Jose, CA 95134.

14. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial

computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212

and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable),

all U.S. Government users acquire the Software with only those rights set forth herein. Manufacturer is Business Objects, 3030 Orchard Parkway, San Jose, CA 95134.

15. EXPORT CONTROLS. You acknowledge that the Software is of U.S. origin. You agree to comply with all applicable international and national laws that apply to

the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

16. ORDER TERMS. Purchase orders conforming to Business Objects purchase order requirements may be accepted from qualified companies. All pre-printed terms of any

purchase order not approved in writing by Business Obejcts shall have no effect. Payment terms are net-30 days from date of invoice. FOB Business Objects facility.

Business Objects specifically disclaims price guarantees of any kind. You are responsible for payment of all applicable sales, use, consumption, VAT, GST, and other

taxes and all applicable export and import fees, custom duties and similar charges, excluding taxes based on Business Objects net income.

17. GOVERNING LAW. Except as otherwise preempted by United States federal law, this Agreement is governed by the laws of the State of California, United States,

without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto.

18. COUNTRY UNIQUE TERMS.

If you purchased the Software in any territory specified below (the ?Local Territory?), this section sets forth specific provisions as well as exceptions to the above

terms and condition. To the extent any provision applicable to the Local Territory (the ?Local Provision?) set forth below is in conflict with any other term or

condition in this agreement, the Local Provision will supersede such other term or condition with respect to any licenses purchased in the Local Territory.

Australia:

a) Limited Warranty and Remedy (Section 8): The following is added:

The warranties specified in this Section are in addition to any rights You may have under the Trade Practices Act 1974 or other legislation and are only limited

to the extent permitted by the applicable legislation.

b) Limitation of Liability (Section 9): The following is added:

To the extent permitted by law, where Business Objects is in breach of a condition or warranty implied by the Trade Practices Act 1974 or the equivalent State or

Territory legislation which cannot be excluded, Business Objects' liability is limited, at Business Objects' sole election: (i) in case of the Software: (a) (i) to

repair or replace the goods, or the supply of equivalent goods, or (ii) payment of the cost of such repair or replacement or of acquiring equivalent goods; and (ii)

in case of Support Services: (x) re-supply of the Support Services; or (y) the cost of having the services supplied again. In calculating Business Objects' aggregate

liability under this Agreement, the amounts paid or the value of any goods or services replaced, repaired, or supplied by Business Objects pursuant to this paragraph

shall be included.

c) Governing Law (Section 17): The following replaces the terms of this section in its entirety:

This Agreement is governed by the laws of the State or Territory in which you acquired the Software, without reference to conflict of laws provisions or the

United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto.

Belgium and France

a) Limitation of Liability (Section 9): The following replaces the terms of this section in its entirety:

Except as otherwise provided by mandatory law:

1. Business Objects' liability for any damages and losses that may arise as a result of the performance of its obligations in connection with this Agreement

is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of

such obligations (if Business Objects is at fault), for a maximum amount equal to the charges You paid for the Software that has caused the damages. This

limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which Business Objects

is legally liable.

2. UNDER NO CIRCUMSTANCES IS BUSINESS OBJECTS, OR ANY OF ITS SOFTWARE DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1)

LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE

CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

3. The limitation and exclusion of liability herein agreed applies not only to the activities performed by Business Objects but also to the activities performed

by its suppliers and Software developers, and represents the maximum amount for which Business Objects as well as its suppliers and Software developers, are

collectively responsible. This limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal

property for which Business Objects is legally liable.

b) Governing Law (Section 17): The following replaces the terms of this section in its entirety:

This Agreement is governed by the laws of country in which you acquired the Software, without reference to conflict of laws provisions or the United Nations

1980 Convention on Contracts for the International Sale of Goods and any amendments thereto.

Germany and Austria

a) Warranty (Section 8): The following replaces the terms of this section in its entirety:

Business Objects warrants that the Software provides the functionalities set forth in the associated documentation (?Documented Functionalities?) for the Limited

Warranty Period following receipt of the Software when used on the recommended hardware configuration. Limited Warranty Period means one year if you are a business

user and two years if you are not a business user. Non-substantial variation from the Documented Functionalities does not establish any warranty rights.

THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE (FOR EXAMPLE, UPDATES, PRE-RELEASE, EVALUATION, OR NFR) OR SOFTWARE THAT HAS BEEN

ALTERED BY YOU, TO THE EXTENT SUCH ALTERATION CAUSED A DEFECT. To make a warranty claim, you must return, at Business Objects expense, the Software and proof of

purchase to the company from whom you obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, Business Objects

is entitled, by way of re-performance and at is own discretion, to repair or replace the Software. If that fails, you are entitled to a reduction of the purchase

price or to cancel the purchase agreement.

b) Limitation of Liability (Section 9): the following paragraph is added to this Section:

The limitations and exclusions specified in this Section will not apply to damages caused by Business Objects' intentional or by gross negligence. In addition,

Business Objects shall be responsible up to the amount of the typically foreseeable damages from any damage which has been caused by Business Objects or its agents

due to the slightly negligent breach of a material contractual duty. This limitation of liability shall apply to all damage claims, irrespective of the legal basis

there of and in particular, to any pre-contractual or auxiliary contractual claims. This limitation of liability shall not, however, apply to any mandatory statutory

liability under the product liability act nor to any damage which is caused due to the breach of an express warranty to the extent the express warranty was intended

to protect you from the specific damage incurred. This clause shall not be intended to limit liability where the extent of liability is provided by mandatory law.

c) Governing Law (Section 17): The following replaces the terms of this section in its entirety:

This Agreement is governed by the laws of country in which you acquired the Software, without reference to conflict of laws provisions or the United Nations 1980

Convention on Contracts for the International Sale of Goods and any amendments thereto.

italy

a) Limitation of Liability (Section 9): the following replaces the terms of this section in its entirety:

Apart from damages arising out of gross negligence or willful misconduct for which Business Objects may not limit its liability, Business Objects' liability for

direct and indirect damages related to the original or further defects of the Software, or related to the use or the nonuse of the Software or related to any case

whatsoever for breach of the Agreement, shall be limited to the fees paid by you to Business Objects for the Software or for the part of the Software upon which the

damages were based.

b) Governing Law (Section 17): The following replaces the terms of this section in its entirety:

This Agreement is governed by the laws of country in which you acquired the Software, without reference to conflict of laws provisions or the United Nations 1980

Convention on Contracts for the International Sale of Goods and any amendments thereto.

United Kingdom

c) Governing Law (Section 17): The following replaces the terms of this section in its entirety:

This Agreement is governed by the laws of England and Wales, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts

for the International Sale of Goods and any amendments thereto. Notwithstanding any other provision in this Agreement, nothing in this Agreement shall create or

confer (whether expressly or by implication) any rights or other benefits whether pursuant to the Contracts Rights of Third Parties) Act 1999 or otherwise in favour

of any person not a party hereto.

Please indicate below whether you accept, or do not accept, the terms and conditions of this software license agreement.

================================================================================

ADDITIONAL TERMS AND CONDITIONS FOR THE USE OF

Sun JRE 1.6

(JAVA 2 PLATFORM STANDARD EDITION RUNTIME ENVIRONMENT 6.0)

Licensee agrees that the following terms (in addition to the applicable provisions above) shall apply with respect to any open source code provided by Sun Microsystems,

Inc. contained within the Product. Notwithstanding anything contained in the CA End User License Agreement, solely with respect to such open source, these terms are

not superseded by any written agreement between CA and Licensee:

"Software" means Java' 2 Platform Standard Edition Runtime Environment, Version 1.6_X and any user manuals, programming guides and other documentation provided to

Licensee.

Title to Software and all associated intellectual property rights is retained by Sun Microsystems, Inc. ('Sun') and/or its licensors. Licensee acknowledges that

Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied

warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under

this agreement.

The Software is provided "AS IS". As to any claim made by Licensee against Sun respecting Software, Licensee's exclusive remedy and Sun's entire liability under

this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software by Licensee to Sun which Licensee acknowledges is $0.

UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The foregoing limitations

shall not affect any warranties provided in any other applicable agreement between Licensee and CA.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,

INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF

SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise,

exceed the amount paid for Software by Licensee to Sun which Licensee acknowledges is $0. The foregoing limitations will apply even if the above stated warranty

fails of its essential purpose.

Licensee acknowledges that Licensee's use of the Software will terminate immediately without notice if Licensee fails to comply with any provision of this agreement.

Licensee acknowledges that Sun may terminate this agreement immediately should the Software become, or in Sun's opinion be likely to become, the subject of a claim

of infringement of any intellectual property right. Upon termination, Licensee must destroy all copies of Software.

Licensee acknowledges and agrees as between Licensee and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA,

JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and Licensee agrees to comply with the Sun Trademark

and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use Licensee makes of the Sun Marks inures to Sun's benefit.

Notwithstanding anything to the contrary contained in any agreement between Licensee and CA, any action related to this agreement in which Sun is a party will be

governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

Licensee acknowledges that additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file.

For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.

================================================================================

AspenCloud Widgets : org.aspencloud.widgets

This product contains the above Plug-in(s) which are governed by the Eclipse Public License v1.0 (the 'EPL Plug-in(s)').

CA distributes the EPL Plug-in(s) in unmodified form, and makes the source code for the EPL Plug-in(s) available as set forth in the documentation for the CA Product.

You agree to comply with all United States and other applicable export rules and regulations. Terms and Conditions for the Use of the EPL Plug-in(s) are as follows:

Eclipse Public License - v 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES

RECIPIENT?S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and

b) in the case of each subsequent Contributor:

i)changes to the Program, and

ii)additions to the Program;

where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a

Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor?s behalf. Contributions do not include additions to

the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not

derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when

combined with the Program.

"Program" means the Contributions distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,

prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative

works, in source code and object code form.

b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed

Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form.

This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition

of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the

Contribution. No hardware per se is licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor

that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for

claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted

hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent

license is required to allow Recipient to distribute the Program, it is Recipient?s responsibility to acquire that license before distributing the Program.

d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in

this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title

and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential

damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or

through a medium customarily used for software exchange.

When the Program is made available in source code form:

a) it must be made available under this Agreement; and

b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify

the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is

intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner

which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such

Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages

and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the

extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering.

The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify,

an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control,

and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such

claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that

Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial

Contributor?s responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those

performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR

IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each

Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise

of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data,

programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED

HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of

the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such

provision valid and enforceable.

If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding

combinations of the Program with other software or hardware) infringes such Recipient?s patent(s), then such Recipient?s rights granted under Section 2(b) shall

terminate as of the date such litigation is filed.

All Recipient?s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not

cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient?s rights under this Agreement terminate, Recipient

agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient?s obligations under this Agreement and any licenses

granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified

in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other

than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the

responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number.

The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new

version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly

stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether

expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement

will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting

litigation.

================================================================================

Eclipse Rich Client Platform 3.3

This product contains the above software (the 'Eclipse Product') which is governed by the Eclipse Public License v1.0. CA distributes the Eclipse Product in

unmodified form, and makes the source code for the Eclipse Produict available as set forth in the documentation for the CA Product. You agree to comply with all

United States and other applicable export rules and regulations. The terms and conditions for your use of the Eclipse Product are as follows:

See Eclipse Public License v1.0 already listed directly above.

================================================================================

GEF 3.3 is distributed by CA without any Contribution or change, addition or modification to the Program. Terms and Conditions for the Use of GEF 3.3 are as follows:

See Eclipse Public License v1.0 already listed above.

================================================================================

Portions of this product include software developed by the Apache Software Foundation. The Apache software is distributed in accordance with the following license

agreement

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity.

For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or

otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration

files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code,

generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in

or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions,

annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall

not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works

thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on

behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor

or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are

managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise

designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated

within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive,

no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute

the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive,

no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise

transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s)

alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity

(including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory

patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source

or Object form, provided that You meet the following conditions:

(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source

form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the

attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the

following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the

Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE

file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute,

alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or

distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies

with the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor

shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede

or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required

for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions)

on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE,

NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing

the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable

law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect,

special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but

not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such

Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance

of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act

only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each

Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying

information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or

class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the

License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR

CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

================================================================================

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT SQL SERVER 2005 JDBC DRIVER

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them.

They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft

* updates,

* supplements,

* Internet-based services, and

* support services

for this software, unless other terms accompany those items. If so, those terms apply.

By using the software, you accept these terms. If you do not accept them, do not use the software.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.

2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights.

Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must

comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

* disclose the results of any benchmark tests of the software to any third party without Microsoft s prior written approval;

* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

* publish the software for others to copy; or

* rent, lease or lend the software.

3. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must

agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the

device. The first user may not retain any copies.

4. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and

regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information,

see www.microsoft.com/exporting.

5. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.

6. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire

agreement for the software and support services.

7. APPLICABLE LAW.

a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims

for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer

protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

8. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect

to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not

permit it to do so.

9. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions.

You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft

excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot

recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because

your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.

Remarque : Ce logiciel tant distribu au Qu bec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en fran ais.

EXON RATION DE GARANTIE. Le logiciel vis par une licence est offert tel quel . Toute utilisation de ce logiciel est votre seule risque et p ril. Microsoft n

accorde aucune autre garantie expresse. Vous pouvez b n ficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat

ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualit marchande, d ad quation un usage particulier et d absence de

contrefa on sont exclues.

LIMITATION DES DOMMAGES-INT R TS ET EXCLUSION DE RESPONSABILIT POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas

de dommages directs uniquement hauteur de 5,00 $ US. Vous ne pouvez pr tendre aucune indemnisation pour les autres dommages, y compris les dommages sp ciaux,

indirects ou accessoires et pertes de b n fices.

Cette limitation concerne :

* tout ce qui est reli au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et

* les r clamations au titre de violation de contrat ou de garantie, ou au titre de responsabilit stricte, de n gligence ou d une autre faute dans la limite

autoris e par la loi en vigueur.

Elle s applique galement, m me si Microsoft connaissait ou devrait conna tre l ventualit d un tel dommage. Si votre pays n autorise pas l exclusion ou la

limitation de responsabilit pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l exclusion ci-dessus ne s

appliquera pas votre gard.

EFFET JURIDIQUE. Le pr sent contrat d crit certains droits juridiques. Vous pourriez avoir d autres droits pr vus par les lois de votre pays. Le pr sent contrat

ne modifie pas les droits que vous conf rent les lois de votre pays si celles-ci ne le permettent pas.

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gSOAP Public License

Version 1.3a

The gSOAP public license is derived from the Mozilla Public License (MPL1.1). The sections that were deleted from the original MPL1.1 text are 1.0.1, 2.1.(c),(d),

2.2.(c),(d), 8.2.(b), 10, and 11. Section 3.8 was added. The modified sections are 2.1.(b), 2.2.(b), 3.2 (simplified), 3.5 (deleted the last sentence), and 3.6

(simplified).

1 DEFINITIONS.

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1.0.1.

1.1. "Contributor"

means each entity that creates or contributes to the creation of Modifications.

1.2. "Contributor Version"

means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.3. "Covered Code"

means the Original Code, or Modifications or the combination of the Original Code, and Modifications, in each case including portions thereof.

1.4. "Electronic Distribution Mechanism"

means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. "Executable"

means Covered Code in any form other than Source Code.

1.6. "Initial Developer"

means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work"

means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.8. "License"

means this document.

1.8.1. "Licensable"

means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights

conveyed herein.

1.9. "Modifications"

means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a

series of files, a Modification is:

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Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

Any new file that contains any part of the Original Code, or previous Modifications.

1.10. "Original Code"

means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its

release under this License is not already Covered Code governed by this License.

1.10.1. "Patent Claims"

means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

1.11. "Source Code"

means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files,

scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well

known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or

de-archiving software is widely available for no charge.

1.12. "You" (or "Your")

means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued

under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this

definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b)

ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

2 SOURCE CODE LICENSE.

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2.1. The Initial Developer Grant.

The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

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(a)

under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense

and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and

(b)

under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell ("offer to sell and import") the Original Code,

Modifications, or portions thereof, but solely to the extent that any such patent is reasonably necessary to enable You to utilize, alone or in combination

with other software, the Original Code, Modifications, or any combination or portions thereof.

(c)

(d)

2.2. Contributor Grant.

Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license

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(a)

under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and

distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or

as part of a Larger Work; and

(b)

under patents now or hereafter owned or controlled by Contributor, to make, have made, use and sell ("offer to sell and import") the Contributor Version

(or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to utilize, alone or in combination with other software,

the Contributor Version (or portions thereof).

(c)

(d)

3 DISTRIBUTION OBLIGATIONS.

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3.1. Application of License.

The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2.

The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1,

and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version

that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the

additional rights described in Section 3.5.

3.2. Availability of Source Code.

Any Modification created by You will be provided to the Initial Developer in Source Code form and are subject to the terms of the License.

3.3. Description of Modifications.

You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any

change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer

and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe

the origin or ownership of the Covered Code.

3.4. Intellectual Property Matters.

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(a) Third Party Claims.

If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under

Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim

in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in

Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying

appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.

(b) Contributor APIs.

If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to

implement that API, Contributor must also include this information in the LEGAL file.

Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original

creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.

3.5. Required Notices.

You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its

structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created

one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation

for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty,

support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the

Initial Developer or any Contributor.

3.6. Distribution of Executable Versions.

You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code. You may distribute the

Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are

in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the

Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely

clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. If you distribute executable

versions containing Covered Code as part of a product, you must reproduce the notice in Exhibit B in the documentation and/or other materials provided with the

product.

3.7. Larger Works.

You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product.

In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

3.8. Restrictions.

You may not remove any product identification, copyright, proprietary notices or labels from gSOAP.

4 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or

regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect.

Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent

prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5 APPLICATION OF THIS LICENSE.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.

6 VERSIONS OF THE LICENSE.

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6.1. New Versions.

Grantor may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

6.2. Effect of New Versions.

Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also

choose to use such Covered Code under the terms of any subsequent version of the License.

6.3. Derivative Works.

If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License),

You must (a) rename Your license so that the phrase "gSOAP" or any confusingly similar phrase do not appear in your license (except to note that your license differs

from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the gSOAP Public License. (Filling in the name

of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

7 DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,

THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY

ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" AND THAT THE

AUTHORS DO NOT WARRANT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE. LIMITED LIABILITY THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED

BY YOU. UNDER NO CIRCUMSTANCES WILL THE AUTHORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER,

WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR

IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF THE AUTHORS HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN,

AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS

OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL THE AUTHORS BE

LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS

ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. THE AUTHORS EXPRESSLY DISCLAIM ANY LIABILITY

RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON

THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "LIFE-CRITICAL APPLICATION" MEANS

AN APPLICATION IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8 TERMINATION.

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8.1.

This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of

becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by

their nature, must remain in effect beyond the termination of this License shall survive.

8.2.

8.3.

If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent

where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the

licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.

8.4.

In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted

by You or any distributor hereunder prior to termination shall survive termination.

9 LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER

CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND

ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT

APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS

DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10 U.S. GOVERNMENT END USERS.

11 MISCELLANEOUS.

12 RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of

rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is

intended or shall be deemed to constitute any admission of liability.

EXHIBIT A.

"The contents of this file are subject to the gSOAP Public License Version 1.3 (the "License"); you may not use this file except in compliance with the License.

You may obtain a copy of the License at

http://www.cs.fsu.edu/~engelen/soaplicense.html

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific

language governing rights and limitations under the License.

The Original Code of the gSOAP Software is: stdsoap.h, stdsoap2.h, stdsoap.c, stdsoap2.c, stdsoap.cpp, stdsoap2.cpp, soapcpp2.h, soapcpp2.c, soapcpp2_lex.l,

soapcpp2_yacc.y, error2.h, error2.c, symbol2.c, init2.c, soapdoc2.html, and soapdoc2.pdf, httpget.h, httpget.c, stl.h, stldeque.h, stllist.h, stlvector.h, stlset.h.

Contributor(s):

"________________________."

[Note: The text of this Exhibit A may differ slightly form the text of the notices in the Source Code files of the Original code. You should use the text of this

Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]

EXHIBIT B.

"Part of the software embedded in this product is gSOAP software.

THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY GENIVIA INC AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,

OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER

CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS

SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE."

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