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: IBM(R) Rational(R) Systems Tester 3.3
Program Number: 5724X76

Evaluation Period

The evaluation period begins on the date that You agree to the terms of this Agreement and ends after 30 days.

Limited Use Rights for Other IBM Programs

If You acquired this Program as part of another IBM Program ("Principal Program") that lists this Program under "Other IBM Programs", You received this Program only in support of the Principal Program and Your rights to use this Program will be limited by the license of the Principal Program. Please contact Your IBM Sales Representative if You wish to acquire a separate license to this Program not limited by the Principal Program's license terms.

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 IBM:
(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) IBM 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, IBM's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the IBM license agreements.

Notices and important information that IBM 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 IBM 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. Curl 7.18.2
2. Expat 2.0
3. Libxml2 2.6.30
4. Libxslt 1.1.12
5. Mainwin Dedicated Runtime Libraries
6. MD5
7. Microsoft Visual Studio Redistributables
8. Pcre 7.6
9. PuTTY 0.58
10. RSA MD5
11. Tcl 8.4.9
12. Zlib 1.2.3

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 IBM, 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 IBM International Program License Agreement and the License Information ("LI") document for this Program are available for Your review at http://www.ibm. 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, IBM 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. IBM 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 IBM, 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 IBM BE LIABLE FOR ANY DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDING THE SAMPLE CODE OR TECHNICAL SUPPORT, IF ANY. IN ADDITION, IBM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. You will indemnify IBM, its suppliers and distributors from and against any third party claim arising out of the use of the Sample Code.

MainWin Dedicated Runtime Libraries

The Program may contain MainWin Dedicated Runtime Libraries (the "Libraries"). You may not reverse engineer, reverse compile or disassemble the Libraries and You must comply with all applicable laws and regulations in any of your dealings with respect to the Libraries. Because the MainWin Dedicated Libraries contain software licensed by Mainsoft from Microsoft Corporation, You agree that Microsoft will be a third party beneficiary of this agreement with respect to the Microsoft software, with the right to enforce such obligations with respect to the Microsoft software.



D/N: L-KHUY-7QHQUQ
P/N: L-KHUY-7QHQUQ



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: IBM(R) Rational(R) Systems Tester 3.3
Program Number: 5724X76

Limited Use Rights for Other IBM Programs

If You acquired this Program as part of another IBM Program ("Principal Program") that lists this Program under "Other IBM Programs", You received this Program only in support of the Principal Program and Your rights to use this Program will be limited by the license of the Principal Program. Please contact Your IBM Sales Representative if You wish to acquire a separate license to this Program not limited by the Principal Program's license terms.

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 IBM:
(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) IBM 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, IBM's warranty and liability for the Excluded Components is governed only by the respective terms applicable for Germany and Austria in the IBM license agreements.

Notices and important information that IBM 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 IBM 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. Curl 7.18.2
2. Expat 2.0
3. Libxml2 2.6.30
4. Libxslt 1.1.12
5. Mainwin Dedicated Runtime Libraries
6. MD5
7. Microsoft Visual Studio Redistributables
8. Pcre 7.6
9. PuTTY 0.58
10. RSA MD5
11. Tcl 8.4.9
12. Zlib 1.2.3

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 IBM, 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. IBM 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 IBM 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 IBM International Program License Agreement and the License Information ("LI") document for this Program are available for Your review at http://www.ibm. 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, IBM 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. IBM 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 IBM, 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 IBM'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

Redistributables
In addition to the license rights granted in the IBM International Program License Agreement for the Program, IBM grants you the following additional rights:

You may distribute the software listed in the REDIST.txt file included in the Program (the "Redistributables") subject to the following terms:
(1) Your redistribution of the Redistributables must be in object code form only and must conform to all directions, instruction and specifications in the Program's accompanying documentation;
(2) If the Program's accompanying documentation expressly allows you to modify the Redistributables, such modification must conform to all directions, instruction and specifications in that documentation; These modifications, if any, are included in the definition of "Redistributables";
(3) You must distribute the Redistributable only as part of Your application that was developed using the Program ("Your Application") and only to support Your customers in connection with their use of Your Application;
(4) You may not remove any copyright or notice files contained in the Redistributables;
(5) You will indemnify IBM, its suppliers or distributors from and against any third party claim arising out of the use or distribution of Your Application;
(6) You may not use the same path name as the original Redistributable files/modules;
(7) You may not use IBM's, its suppliers or distributors names or trademarks in connection with the marketing of Your applications without IBM's or that suppliers or distributors prior written consent;
(8) IBM, its suppliers and distributors provide the Redistributables and related documentation "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 REDISTRIBUTABLES IS WITH YOU. IN NO EVENT WILL IBM BE LIABLE FOR ANY DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDING THE REDISTRIBUTABLES OR TECHNICAL SUPPORT, IF ANY;
(9) You are responsible for all technical assistance for Your Application and any modifications to the Redistributables;
(10) In Your license agreement with the end user of Your Application, You will notify the end user that the Redistributables or their modifications may not be i) used for any purpose other than to enable Your Application, ii) copied (except for backup purposes), iii) further distributed without Your Application or iv) reverse assembled, reverse compiled, or otherwise translated; and
(11) Your Application containing the Redistributables must be labeled as follows: "Contains Runtime Modules of IBM Rational ________________, Copyright IBM Corporation 2008. All Rights Reserved".

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 IBM BE LIABLE FOR ANY DIRECT, INDIRECT, OR INCIDENTAL DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDING THE SAMPLE CODE OR TECHNICAL SUPPORT, IF ANY. IN ADDITION, IBM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. You will indemnify IBM, its suppliers and distributors from and against any third party claim arising out of the use of the Sample Code.

MainWin Dedicated Runtime Libraries

The Program may contain MainWin Dedicated Runtime Libraries (the "Libraries"). You may not reverse engineer, reverse compile or disassemble the Libraries and You must comply with all applicable laws and regulations in any of your dealings with respect to the Libraries. Because the MainWin Dedicated Libraries contain software licensed by Mainsoft from Microsoft Corporation, You agree that Microsoft will be a third party beneficiary of this agreement with respect to the Microsoft software, with the right to enforce such obligations with respect to the Microsoft software.



D/N: L-KHUY-7QHQUQ
P/N: L-KHUY-7QHQUQ