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CA, Inc. (“CA”) End User License Agreement for Nonwarranted Software

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS REGARDING YOUR USE OF THE CODE BEFORE INSTALLING OR DOWNLOADING AND USING IT. Throughout this Agreement, you will be referred to as "Licensee." If you are accepting these terms on behalf of another person or corporate entity, you represent and warrant that you have the authority to bind that person or corporate entity to these terms.

BY SELECTING "I have read and accept the terms end-user license agreement" OPTION BELOW, THE LICENSEE HEREBY INDICATES ACCEPTANCE OF THIS AGREEMENT.

BY SELECTING THE "I decline" OPTION BELOW, THE INSTALLATION/DOWNLOAD PROCESS WILL CEASE.

1. CA hereby grants Licensee a nonexclusive license to use one copy of the code obtained by acceptance of this agreement (“Code”) for its internal non-production purposes.

2. This Agreement is the complete agreement between CA and Licensee regarding the use of the Code and replaces the terms and conditions of any other agreement that may exist between CA and Licensee with respect to this subject matter.

3. Except to the extent required by law, the Code is provided to Licensee on an “as is” basis and without warranties or representations of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. This Agreement will not create any right or cause of action for any third party, nor will CA be responsible for any third party claims against Licensee.

4. All intellectual property rights in the Code remain vested in and owned by CA, including any ownership of any modifications made thereto.

5. The Code is not supported by CA in any way.

6. The Code may not be copied, reproduced, distributed or modified by Licensee without prior written consent from an authorized representative of CA. Licensee may not reverse assemble, decompile, or otherwise reverse engineer the Code except as specifically permitted by law without the possibility of contractual waiver. Licensee may not sublicense, rent, or lease the Program. Licensee will not remove any proprietary markings of CA or its licensors.

7. Licensee assumes responsibility for use of the Code and its generated output and will ensure that anyone who uses the Code does so only for Licensee’s authorized use and complies with the terms of this Agreement. Licensee agrees to comply with all laws applicable to its use of the Code, including but not limited to relevant export and import laws and regulations.

8. CA does not guarantee that use of the Code will not be affected by changes in any CA or third-party software, whether due to the application of product maintenance, new product releases, otherwise. If CA subsequently makes the Code or a version thereof generally available under its standard license agreement, CA does not guarantee that the generally available release will be identical to the Code licensed hereunder or that the generally available release will not require reinstallation.

9. Licensee agrees to allow CA to store and use its contact information, including names, phone numbers, and e-mail addresses, anywhere it does business. Such information will be processed and used in connection with the business relationship between Licensee and CA, and may be provided to contractors, business partners, and assignees of CA for uses consistent with their collective business activities, including communicating with Licensee (for example, for processing orders, for promotions, and for market research).

10. If Licensee breaches any term of this Agreement, CA shall have the right to terminate this Agreement and Licensee’s right to use the Code immediately. If CA does so, Licensee must destroy all copies of the Code.

11. IN NO EVENT WILL CA BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, GOODWILL, LOSS OF OR DAMAGE TO DATA, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES AND PUNITIVE DAMAGES, WHICH MAY ARISE FROM THE USE, OPERATION OR MODIFICATION OF THE CODE, EXCLUDING DAMAGES FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE.

12. 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. Any dispute hereunder shall be determined by a court of competent jurisdiction within the State of New York, U. S. A. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Any questions concerning this Agreement should be referred to CA, Inc., One Computer Associates Plaza, Islandia, NY 11749, Attention: Legal Department.

LICENSEE ACKNOWLEDGES THAT THIS LICENSE HAS BEEN READ AND UNDERSTOOD AND BY SELECTING THE ["I have read and accept the terms end-user license agreement"] OPTION, LICENSEE ACCEPTS ITS TERMS AND CONDITIONS. LICENSEE ALSO AGREES THAT THIS LICENSE CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES REGARDING THIS SUBJECT MATTER AND THAT IT SUPERSEDES ANY INFORMATION LICENSEE HAS RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY ONLY BE AMENDED BY A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES.

SELECT THE ["I have read and accept the terms end-user license agreement"] OPTION TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE AND PROCEED WITH THE INSTALLATION/DOWNLOAD PROCESS.

SELECT THE ["I decline"] OPTION TO HALT THE INSTALLATION/DOWNLOAD PROCESS.