LICENSE INFORMATION

The Programs listed below are licensed under the following terms and conditions in addition to those of the International License Agreement for Evaluation of Programs.

Program Name: Kalimetrix Logiscope


Excluded Components

The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. The components listed below are "Excluded Components." Notwithstanding any of the terms in the Agreement or any other agreement You may have with KALIMETRIX:
(a) the third party suppliers of such Excluded Components ("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS;
(b) in no event are the Suppliers liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to lost data, lost savings, and lost profits, with respect to the Excluded Components; and,
(c) KALIMETRIX and the Suppliers are not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Excluded Components.

Notwithstanding these exclusions, in Germany and Austria, KALIMETRIX's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the KALIMETRIX license agreements.

Notices and important information that KALIMETRIX is required to provide to You with respect to the Excluded Components, including instructions for obtaining source code for certain Excluded Components, may be found in the NOTICES file(s) that accompanies the Program.

Your use of the Excluded Components is governed by the terms of the Agreement and not by any terms that may be contained in the NOTICES file(s). The terms contained in the Agreement are offered by KALIMETRIX and not by any other party. Future Program updates or fixpacks may contain additional Excluded Components. Such additional Excluded Components, and related notices and information, if any, will be listed in another NOTICES file that accompanies the Program update or fixpack.

The following are Excluded Components:
1. Blueberry Flashback SDK v2.0.050
2. Concerto (tablegen)
3. InfoZIP v3.0
4. Microsoft Visual Studio Redistributables
5. MISRA Guidelines
6. Perl v5.6.1
7. Regex v8.3
8. RogueWave Stingray
9. Tcl v8.4.9

Specified Operating Environment

The Program's specifications and specified operating environment information may be found in documentation accompanying the Program, if available, such as a read-me file, or other information published by KALIMETRIX, such as an announcement letter. You agree that such documentation and other Program content may be supplied only in the English language.

Program-unique Terms

A. General Charge Terms

Based upon the Program license obtained, You may use the Program as follows:

MULTI-PROGRAM OFFERING

Programs may be licensed as part of a 'suite' or a multi- program offering. The separate Programs comprising the suite or multi-program offering may not be used simultaneously by different users, and may be used by only one user at a time. If third party software is included with any Program, the third party software may not be separated from, or used independently of, the Program.

B. General Terms, Conditions, and Restrictions

License Translation
A translated version of the KALIMETRIX International License Agreement for Evaluation of Programs and the License Information ("LI") document for this Program are available for Your review at http://www.Kalimetrix.com/software/sla/

License Compliance

During the period that your license agreement with respect to the Program remains in effect, and for two years thereafter, KALIMETRIX has the right to verify your compliance with the terms of your license agreement on your premises during your normal business hours and in a manner that minimizes disruption to your business. KALIMETRIX may use an independent auditor for this with your prior approval, which you will not unreasonably withhold.

Use of the Program

The Program may be used solely for Your internal business purposes. The Program may not be used to provide commercial hosting or other commercial information technology services to third parties including without limitation service bureau or similar services. You may not utilize any development version of the Program in a production environment or in any production capacity.

In the event the Program allows You to develop or test applications, You bear all risk of developing and using Your applications. You will indemnify KALIMETRIX, its suppliers or distributors from and against any third party claim arising out of the use or distribution of Your application.

C. Additional Program Specific Terms, Conditions, and Restrictions

Sample Code

The Program may contain sample source code or example models ("Sample Code") that is provided for informational purposes only and not for production development purposes. You may use and modify the Sample Code only for the purpose of creating Your own application in connection with Your use of the Program. This Sample Code has not been tested and is being provided "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SAMPLE CODE IS WITH YOU. IN NO EVENT WILL KALIMETRIX BE LIABLE FOR ANY DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF KALIMETRIX OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDING THE SAMPLE CODE OR TECHNICAL SUPPORT, IF ANY. IN ADDITION, KALIMETRIX AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. You will indemnify KALIMETRIX, its suppliers and distributors from and against any third party claim arising out of the use of the Sample Code.


LICENSE INFORMATION

The Programs listed below are licensed under the following terms and conditions in addition to those of the International Program License Agreement.

Program Name: KALIMETRIX(R) Logiscope


Excluded Components

The provisions of this paragraph do not apply to the extent they are held to be invalid or unenforceable under the law that governs this license. The components listed below are "Excluded Components." Notwithstanding any of the terms in the Agreement or any other agreement You may have with KALIMETRIX:
(a) the third party suppliers of such Excluded Components ("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS;
(b) in no event are the Suppliers liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to lost data, lost savings, and lost profits, with respect to the Excluded Components; and,
(c) KALIMETRIX and the Suppliers are not liable to You, and will not defend, indemnify, or hold You harmless for any claims arising from or related to the Excluded Components.

Notwithstanding these exclusions, in Germany and Austria, KALIMETRIX's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the KALIMETRIX license agreements.

Notices and important information that KALIMETRIX is required to provide to You with respect to the Excluded Components, including instructions for obtaining source code for certain Excluded Components, may be found in the NOTICES file(s) that accompanies the Program.

Your use of the Excluded Components is governed by the terms of the Agreement and not by any terms that may be contained in the NOTICES file(s). The terms contained in the Agreement are offered by KALIMETRIX and not by any other party. Future Program updates or fixpacks may contain additional Excluded Components. Such additional Excluded Components, and related notices and information, if any, will be listed in another NOTICES file that accompanies the Program update or fixpack.

The following are Excluded Components:
1. Blueberry Flashback SDK v2.0.050
2. Concerto (tablegen)
3. InfoZIP v3.0
4. Microsoft Visual Studio Redistributables
5. MISRA Guidelines
6. Perl v5.6.1
7. Regex v8.3
8. RogueWave Stingray
9. Tcl v8.4.9

Specified Operating Environment

The Program's specifications and specified operating environment information may be found in documentation accompanying the Program, if available, such as a read-me file, or other information published by KALIMETRIX, such as an announcement letter. You agree that such documentation and other Program content may be supplied only in the English language.

Program-unique Terms

A. General Charge Terms

Based upon the Program license obtained, You may use the Program as follows:

License Type - Authorized User License:
"Authorized User" is the unit of measure by which this Program is licensed. An Authorized User is an individual within or outside of your Enterprise. The Program may be installed on one or more computers or servers and accessed by the number of users authorized by the Proof of Entitlement (PoE). You must have an entitlement for each Authorized User accessing the Program or any Program component in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means.

License Type - Floating User License:
"Floating User" is the unit of measure by which this Program is licensed. A Floating User is a shared user access to the Program within or outside of your enterprise. The Program may be installed on one or more computers or servers. The total number of Floating Users simultaneously accessing the Program at any moment in time may not exceed the highest number of Floating Users authorized by the Proof of Entitlement (PoE). You must have an entitlement for each Floating User simultaneously accessing the Program or any Program component in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means.

Add-ons

You may have purchased an Add-on for the Program. As used herein, an "Add-on" is additional software designed to be used with the Program referred to in the Program Name above. A Proof of Entitlement (PoE) is required in order to use any Add-on. Unless otherwise indicated in the PoE or elsewhere in this Agreement, Add- ons are licensed to You under the same terms and conditions as the Program for which You have already obtained a valid license. You must obtain at least as many license entitlements for the Program as You are licensed to use for any Add-on.

Add-ons may not be available in all license types applicable to the Program.

FIXED TERM LICENSE

If you acquire the Program under a Fixed Term License the following terms apply: You may use the Program only for a limited period of time, called "Fixed Term". The Fixed Term will be specified in your PoE. At the end of the Fixed Term, Your authorization to use the Program terminates and You agree to discontinue use of the Program and destroy all copies of the Program. KALIMETRIX may agree to extend the Fixed Term for an additional payment. If You wish to continue to use the Program beyond the Fixed Term, contact KALIMETRIX or your Rational reseller prior to the expiration of the Fixed Term. Certain types of Fixed Term Licenses may require You to execute a separate addendum to this Agreement to add additional terms and conditions.

MULTI-PROGRAM OFFERING

Programs may be licensed as part of a 'suite' or a multi- program offering. The separate Programs comprising the suite or multi-program offering may not be used simultaneously by different users, and may be used by only one user at a time. If third party software is included with any Program, the third party software may not be separated from, or used independently of, the Program.

B. General Terms, Conditions, and Restrictions

License Translation

A translated version of the KALIMETRIX International Program License Agreement and the License Information ("LI") document for this Program are available for Your review at http://www.Kalimetrix. com/software/sla/

License Compliance

During the period that your license agreement with respect to the Program remains in effect, and for two years thereafter, KALIMETRIX has the right to verify your compliance with the terms of your license agreement on your premises during your normal business hours and in a manner that minimizes disruption to your business. KALIMETRIX may use an independent auditor for this with your prior approval, which you will not unreasonably withhold.

Use of the Program

The Program may be used solely for Your internal business purposes. The Program may not be used to provide commercial hosting or other commercial information technology services to third parties including without limitation service bureau or similar services. You may not utilize any development version of the Program in a production environment or in any production capacity.

In the event the Program allows You to develop or test applications, You bear all risk of developing and using Your applications. You will indemnify KALIMETRIX, its suppliers or distributors from and against any third party claim arising out of the use or distribution of Your application.

Transfer of a Program across a border
If, as a result of your moving a Program across a border, any authority imposes a duty, tax, levy or fee (including withholding taxes, fees, customs or other duties for the import and export of any such Program), then you agree that you are responsible for, and will pay, any such duty, taxes, levy or other fees. This excludes those taxes based on KALIMETRIX's net income.

Trade-ups
Licenses for certain Programs that replace qualifying Programs may be obtained for a reduced charge. You agree to terminate your use of the replaced Programs when you install the replacement Programs.

C. Additional Program Specific Terms, Conditions, and Restrictions

Sample Code

The Program may contain sample source code or example models ("Sample Code") that is provided for informational purposes only and not for production development purposes. You may use and modify the Sample Code only for the purpose of creating Your own application in connection with Your use of the Program. This Sample Code has not been tested and is being provided "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SAMPLE CODE IS WITH YOU. IN NO EVENT WILL KALIMETRIX BE LIABLE FOR ANY DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF KALIMETRIX OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDING THE SAMPLE CODE OR TECHNICAL SUPPORT, IF ANY. IN ADDITION, KALIMETRIX AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. You will indemnify KALIMETRIX, its suppliers and distributors from and against any third party claim arising out of the use of the Sample Code.