Program Name: IBM Tivoli Netcool Performance Manager Data Access API for Wireline

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1 LICENSE INFORMATION The Programs listed below are licensed under the following terms and conditions in addition to those of the PSL End User License Agreement. Certain Supporting Programs and/or components are licensed to you by IBM. The terms mentioned in this License Information apply to your use of such Supporting Programs and/or components in addition to the End User License Agreement. Program Name: IBM Tivoli Netcool Performance Manager Base V1.3.3 Program Number: 5725-I07 Program Name: IBM Tivoli Netcool Performance Manager Base V1.3.3 Program Number: 5725-I07 Program Name: IBM Tivoli Netcool Performance Manager Data Access API for Wireline Program Number: 5725-I07 Program Name: IBM Tivoli Netcool Performance Manager Real Time Reports for Wireline Program Number: 5725-I07As described in the End User License Agreement and this License Information, PSL grants Licensee a limited right to use the Program. This right is limited to the level of Authorized Use, such as a Processor Value Unit ("PVU"), a Value Unit ("VU"), or other specified level of use, paid for by Licensee as evidenced in the Proof of Entitlement. Licensee's use may also be limited to a specified machine, or only as a Supporting Program, or subject to other restrictions. As Licensee has not paid for all of the economic value of the Program, no other use is permitted without the payment of additional fees. In addition, as stated in the EULA, Licensee is not authorized to use the Program to provide commercial IT services to any third party, to provide commercial hosting or timesharing, or to sublicense, rent, or lease the Program unless expressly provided for in the applicable agreements under which Licensee obtains authorizations to use the Program. Additional rights may be available to Licensee subject to the payment of additional fees or under different or supplementary terms. PSL reserves the right to determine whether to make such additional rights available to Licensee. Program's specifications can be found in the collective Description and Technical Information sections of the Program's Announcement Letters. Supporting Programs The Program is licensed as a multi-product package and includes the Supporting Programs identified below. Licensee is authorized to install and use such Supporting Programs only to support Licensee's use of the Principal Program under this Agreement and within the limits of the Proofs of Entitlement for the Program (unless broader rights are provided elsewhere in this License Information document). The phrase "to support Licensee's use" would include only those uses that are necessary or otherwise directly related to a licensed use of the Principal Program or another Supporting Program. The Supporting Programs may not be used for any other purpose. Licensee is not authorized to transfer or remarket the Supporting Programs separate from the Principal Program. A Supporting

2 Program may be accompanied by license terms, and those terms, if any, apply to Licensee's use of that Supporting Program. In the event of conflict, the terms in this License Information document supersede the Supporting Program's terms. When Licensee's right to use the Program expires or terminates, Licensee must discontinue use, destroy or promptly return all copies of the Supporting Programs to the party from whom Licensee acquired the Program. If Licensee downloaded the Supporting Programs, Licensee should contact the party from whom Licensee acquired the Program. If Licensee wishes to license the Supporting Programs for any use beyond the limits set forth above, please contact an PSL Sales Representative or the party from whom Licensee acquired the Program to obtain the appropriate license. The following are Supporting Programs licensed with the Program: IBM Tivoli Monitoring v6.2.2 IBM Tivoli Monitoring Agent Builder v6.2.2 IBM Tivoli Directory Server v6.3 IBM Tivoli Common Reporting v2.1.1 IBM Cognos BI Reporting IBM Cognos BI Modeling IBM DB2 Enterprise Server Edition V9.7 IBM DB2 Workgroup Server Edition V9.5 IBM DB2 Enterprise Server Edition V10.1 IBM WebSphere Application Server V7.0 IBM InfoSphere DataStage 8.7 IBM InfoSphere DataStage and QualityStage Designer 8.7 Export and Import Restrictions This Program may contain cryptography. Transfer to, or use by, users of the Program may be prohibited or subject to export or import laws, regulations or policies, including those of the United States Export Administration Regulations. Licensee assumes all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Program, including but not limited to, U.S. restrictions on exports or reexports. To obtain the export classification of this Program refer to: Install Install is a unit of measure by which the Program can be licensed. An Install is an installed copy of the Program on a physical or virtual disk made available to be executed on a computer. Licensee must obtain an entitlement for each Install of the Program. Resource Value Unit (RVU) Resource Value Unit (RVU) is a unit of measure by which the Program can be licensed. RVU Proofs of Entitlement are based on the number of units of a specific resource used or managed by the Program. Licensee must obtain sufficient entitlements for the number of RVUs required for Licensee's environment for the specific resources as specified in the table below. RVU entitlements are specific to the Program and the type of

3 resource and may not be exchanged, interchanged, or aggregated with RVU entitlements of another program or resource. Instead of the entitlements required for the Resources used by the Program directly, Licensee must obtain entitlements for this Program sufficient to cover the Resources managed by the Program. General Charge Terms 1. Cumulative Entitlements - IBM Tivoli Netcool Performance Manager Base Install and RVU entitlements are not alternative means for licensing the Program. Licensee must obtain sufficient Install entitlements to cover the number of installations of the Program as well as the appropriate number of RVU entitlements for the relevant resources. For the sake of clarity, each Install entitlement authorizes the installation of the Program for one Wireline and one Wireless database. 2. Resource Value Unit Licensing The Resource for the purpose of RVU calculation is the total point value of all Entities managed by the Program. An Entity is an object on the network, to be managed by the Program. The objects are categorized as: a) Subscriber: A subscriber is a single user account of a service provider. Subscribers consume services that include but are not limited to DSL, Cable and Set Top Box Cable. Point value per Entity: 1 b) Carrier VOIP phones: A Carrier VOIP phone is a device enabled for voice over IP based communication, which a carrier service provider has enabled on its network. Point value per Entity: 1 c) Enterprise VOIP Phones: An Enterprise VOIP phone is a device enabled for voice over IP based communication, which an enterprise customer has enabled on its network. Point value per Entity: 3 d) Wireless Cells and Sectors: A Wireless Cell is a geographical area covered by a cellular network transmitter. A Wireless Cell can be divided into one or more Wireless Sectors. Customers need to count the total of all non subdivided wireless cells and all wireless sectors in subdivided wireless cells. Point value per Entity: 70 e) Customer premise equipment (CPE): CPE is router and server equipment, which provide the network and server needs of a single local area network. Point value per Entity: 70 f) Branch routers, branch switches and probes: Branch routers or switches located at the edge of a provider network and which support connections to many CPEs. The primary function of this equipment is to provide

4 routing, filtering, Wide Area Network (WAN) access and network policy management. Probes are network test and measurement devices. Point value per Entity: 250 g) Wide Area Network (WAN) routers: WAN Routers are routers enabled for WAN services, including but not limited to traffic aggregation, Internet Protocol/MultiProtocol Label Switching (IP/MPLS) services and Asynchronous Transfer Mode (ATM)/Frame Relay transport services. IP/MPLS is a mechanism used in IP networks that directs data from one network node to the next based on short path labels. ATM is a standard switching technique designed to unify telecommunication and computer networks. Frame Relay is a protocol standard for Local Area Networking (LAN) internet-working, which provides a fast and efficient method of transmitting information from a user device to LAN bridges and routers. Point value per Entity: 500 h) Core routers, core switches, IMS Nodes: Core routers and core switches are deployed in carrier networks transporting data in the backbone network. Integrated Multimedia Services (IMS) nodes are a key component of a network offering IP based mobile and fixed applications. Point value per Entity: Resource Value Unit Conversion Table From 1 to 60,000 Resources, 0.05 RVUs per Resource From 60,001 to 300,000 Resources, 3,000 RVUs plus RVUs per Resource above 60,000 From 300,001 to 600,000 Resources, 13,800 RVUs plus 0.04 RVUs per Resource above 300,000 Form 600,001 to 1,200,000 Resources, 25,800 RVUs plus RVUs per Resource above 600,000 From 1,200,001 to 1,800,000 Resources, 46,800 RVUs plus 0.03 RVUs per Resource above 1,200,000 From 1,800,001 to 2,400,000 Resources, 64,800 RVUs plus RVUs per Resource above 1,800,000 From 2,400,001 to 3,600,000 Resources, 79,800 RVUs plus 0.02 RVUs per Resource above 2,400,000 From 3,600,001 to 5,100,000 Resources, 103,800 RVUs plus RVUs per Resource above 3,600,000 From 5,100,001 to 6,600,000 Resources, 126,300 RVUs plus 0.01 RVUs per Resouce above 5,100,000 From 6,600,001 to 8,400,000 Resources, 141,300 RVUs plus RVUs per Resource above 6,600,000 For more than 8,400,000 Resources, 150,300 RVUS plus RVUs per Resource above 8,400,000 Program-unique Terms 1. Terms applicable to Supporting Programs: IBM DB2 Enterprise Server Edition 10.1 IBM DB2 Enterprise Server Edition 9.7

5 IBM DB2 Workgroup Server Edition Version 9.5 IBM InfoSphere DataStage IBM InfoSphere DataStage and QualityStage Designer "Use by Principal Program" means that the Supporting Program is provided exclusively for use by the Principal Program. Neither Licensee nor any application, program or device is authorized to directly use or access the services of the Supporting Program except Licensee may access the Supporting Program to perform administrative functions for the Supporting Program such as backup, recovery and authorized configuration 2. Terms applicable to Supporting Programs: IBM WebSphere Application Server V7. HTTP Load Balancing and Failover Licensee is entitled to use the Program provided WebSphere Application Server WebServer Plugins to improve security by having an HTTP server run on a separate machine from the Program. Licensee is authorized to configure a WebServer Plugin to multiple Programs only for the purpose of simple load balancing and failover. Simple load balancing and failover enables the WebServer Plugin to route requests to a maximum of two WebSphere Application Servers and is limited to HTTP session failover only. 3. Components Not Used for Establishing Required Entitlements When determining the number of entitlements required for Licensee's installation or use of the Program, the installation or use of the following Program components are not taken into consideration. In other words, Licensee may install and use the following Program components, under the license terms, but these components are not used to determine the number of entitlements required for the Program. Tivoli Netcool Gateways Framework (of IBM Tivoli Netcool Performance Manager Base) Tivoli Netcool Performance Manager Wireless -Gateway SNMP (of IBM Tivoli Netcool Performance Manager Base) Tivoli Netcool Performance Manager ModelMaker (of IBM Tivoli Netcool Performance Manager Base) IBM Tivoli Monitoring(ITM) V6.2 Agent Components (of IBM Tivoli Netcool Performance Manager Base) IBM Tivoli Netcool Performance Manager Data Access for Wireline when used to extract data from a Tivoli Netcool Performance Manager database for the sole purpose of using it in another Tivoli-branded IBM software program Mass Data Extraction (of IBM Tivoli Netcool Performance Manager Data Access) 4. Prohibited Components

6 Notwithstanding any provision in the Agreement, Licensee is not authorized to use any of the following components or functions of the Program: IBM Tivoli Directory Server Proxy server (of IBM Tivoli Directory Server) Whitepages Application (of IBM Tivoli Directory Server) Customization of the Principal Program supplied DataStage jobs (of IBM InfoSphere DataStage) Data transfers external to the Principal Program data stores (of IBM InfoSphere DataStage) Standalone install of IBM InfoSphere DataStage Server (of IBM InfoSphere DataStage) IBM InfoSphere DataStage Balanced Optimization (of IBM InfoSphere DataStage) IBM InfoSphere DataStage MVS Edition (of IBM InfoSphere DataStage) IBM InfoSphere DataStage Pack for SAS (of IBM InfoSphere DataStage) 5. Prohibited Uses Licensee may not use or authorize others to use the Program or any part of the Program, alone or in combination with other products, in support of the design, construction, operation or maintenance of any nuclear facility.

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