CA Mainframe Application Tuner Common User Interface
Copyright © 2017 CA, Inc. All rights reserved.

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 accept the terms of the License Agreement" radio button below, and the clicking on the "Next" button, 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 do NOT accept the terms of the License Agreement" radio button below, and then click on the "Cancel" 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:

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 (India) Technologies Private Limited.

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 accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button, 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 do NOT accept the terms of the License Agreement" radio button below, and then click on the "Cancel" 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;

(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 accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button, 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 accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button, 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 Taiwan, 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 accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button , 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 do NOT accept the terms of the License Agreement, and then click on the "Cancel" 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.

_________________________________________________

Windows Installer XML (WiX)

This product contains certain files which are governed by the Common

Public License v1.0 ("CPL Files"). CA distributes the CPL Files in

unmodified form, and makes the source code for Windows Installer XML

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 CPL

Plug-in(s) are as follows:

Common Public License - v 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON

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

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 a Contributor with

respect to a patent applicable to software (including a cross-claim or

counterclaim in a lawsuit), then any patent licenses granted by that

Contributor to such Recipient under this Agreement shall terminate as

of the date such litigation is filed. In addition, 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. IBM is the initial

Agreement Steward. IBM 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 3.6

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 Product 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:

ECLIPSE PUBLIC LICENSE

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