Common use of SOFTWARE OFFERING & OBLIGATIONS Clause in Contracts

SOFTWARE OFFERING & OBLIGATIONS. 3.1 Subject to the Customer’s compliance with the Agreement, CA grants the Customer a limited, non- exclusive, non-transferable license, for the Term to: 3.1.1 Install and deploy the CA Software in the Territory up to the Authorized Use Limitation. 3.1.2 Permit Authorized End Users to remotely use the CA Software for Customer’s and Customer Affiliates’ internal business wherever located. Customer hereby expressly agrees that a breach by an Authorized End User of the Agreement shall be considered to be a breach by and the responsibility of the Customer. 3.1.3 Make a reasonable number of copies of the CA Software for disaster recovery “cold standby”, backup and archival purposes. Use of such copies is limited to testing Customer’s disaster recovery procedures and effectiveness and as is necessary during any reasonable period subsequent to the occurrence of an actual disaster during which Customer cannot operate the CA Software. 3.1.4 Relocate CA Software to a new Customer location within the Territory upon prior written notice. 3.2 The CA Software may be provided under terms and conditions, use Meter(S) and model(S) set forth within Specific Program Documentation (“SPD”) or Product Use Rights supplement identified in applicable Transaction Document(s) (“Order Forms”). The CA Software's specifications, Product Use Rights and specified operating environment information may be found in the Documentation accompanying the CA Software, if available (e.g., a user manual, user guide, or readme.txt or notice.txt file). The SPD and/or Product Use Rights form an integral part of applicable Transaction Document and are incorporated by reference. If the applicable version of the Software is not specifically listed within the applicable Transaction Document, the SPD and/or Product Use Rights for the most recent prior version shall apply. 3.3 The grant of license is contingent upon Customer’s compliance with the following obligations set out under this provision and Customer agrees that it shall not: (i) provide, sub-license or transfer the CA Software or its results/outputs other than to Authorized End Users, (ii) make any use of the CA Software for which it has not paid, (iii) cause or permit de-compilation, reverse engineering, or otherwise translate all or any portion of the CA Software; (iv) modify, unbundle, or create derivate works of the CA Software and/or Documentation; (v) rent, sell, lease, assign, transfer or sublicense the CA Software to provide hosting, service bureau, on demand or outsourcing services for the benefit of a third party; (vi) remove any proprietary notices, labels, or marks on or in any copy or version of the CA Software or Documentation; (vii) claim any rights in the CA Software other than its right to use, (viii) export or use the CA Software in violation of US or other applicable laws and regulations, or (ix) use the CA Offerings for any prohibited end use, such as for nuclear technology applications, missile, or other military guidance systems and biological weaponry, or major radiation exposure field applications. Any right that is not granted to Customer under this Software Module, the Foundation Agreement or a Transaction Document is reserved to CA. Customer may not use the Software in an electronic communications network that is used wholly or mainly for the provision of publicly available electronic communications services (“Public Network”) in a manner that violates the rights to privacy or freedom of expression as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards”), of any individual user who directly accesses the Internet or otherwise transmits data through a Public Network, provided the foregoing shall not limit use of the Software in a Public Network to restrict, monitor, collect or process data accessed or transmitted by individual users based upon exceptions to the rights of privacy or freedom of expression that are recognized by International Human Rights Standards. In order to better understand and meet its customers’ needs, CA may collect, use, analyze and retain Customer’s metadata, system topography information, and/or operations data and, in a confidential and anonymous manner, aggregate such data with similar usage data of other CA customers. 3.4 Upon request by CA, Customer agrees to provide records reasonably requested by CA to verify its compliance with the Authorized Use Limitation defined in the Transaction Document during the period in which Customer is licensed to use the Software and for a period of twelve (12) months after expiration including certified copies of statements or records as applicable. Such reports will be based on the License Metric indicated on the Transaction Document. Customer agrees to allow CA, or an independent third party, to conduct an audit remotely or onsite at Customer’s facilities within thirty (30) days of CA providing written notice solely for the purpose of verifying compliance with the Foundation Agreement, Software Module and the Transaction Document. CA agrees that the audit will be confidential, and commercially reasonable in nature and time. 3.5 If the CA Software is provided to Customer for evaluation purposes Section 3.1 (License Grant) is replaced with the following: 3.5.1 CA grants to Customer a non-exclusive, temporary, royalty-free, non-assignable license to use the CA Software solely for internal non-production evaluation subject to the applicable SPD and/or Product Use Rights supplement. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period or (ii) sixty (60) days from the date of initial installation of the CA Software, if no such evaluation period is pre-determined (“Evaluation Term”). Customer is solely responsible to take appropriate measures to back up its system and take other measures to prevent any loss of files or data. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Evaluation Term, Customer must cease use of the CA Software and uninstall or destroy all copies of the software. CA shall accept no liability for Customer’s use of the CA Software for evaluation purposes. All other terms and conditions of this Agreement shall otherwise apply to Customer’s evaluation of the software. THE SOFTWARE PROVIDED FOR EVALUATION MAY NOT BE TRANSFERRED AND IS PROVIDED“AS IS” WITHOUT WARRANTY OF ANY KIND. THE ACCOMPANYING SOFTWARE DOCUMENTATION IS PROVIDED FOR THE PURPOSE OF DESCRIBING THE SOFTWARE; CA DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR OTHER CA COMMITMENTS, OBLIGATIONS, OR LIABILITIES, IN SUCH SOFTWARE.

SOFTWARE OFFERING & OBLIGATIONS. 3.1 Subject to the Customer’s compliance with the Agreement, CA grants the Customer a limited, non- exclusive, non-transferable license, for the Term to: 3.1.1 Install and deploy the CA Software in the Territory up to the Authorized Use Limitation. 3.1.2 Permit Authorized End Users to remotely use the CA Software for Customer’s and Customer Affiliates’ internal business wherever located. Customer hereby expressly agrees that a breach by an Authorized End User of the Agreement shall be considered to be a breach by and the responsibility of the Customer. 3.1.3 Make a reasonable number of copies of the CA Software for disaster recovery “cold standby”, backup and archival purposes. Use of such copies is limited to testing Customer’s disaster recovery procedures and effectiveness and as is necessary during any reasonable period subsequent to the occurrence of an actual disaster during which Customer cannot operate the CA Software. 3.1.4 Relocate CA Software to a new Customer location within the Territory upon prior written notice. 3.2 The CA Software may be provided under terms and conditions, use Meter(S) and model(S) set forth within Specific Program Documentation (“SPD”) or Product Use Rights supplement identified in applicable Transaction Document(s) (“Order Forms”). The CA Software's specifications, Product Use Rights and specified operating environment information may be found in the Documentation accompanying the CA Software, if available (e.g., a user manual, user guide, or readme.txt or notice.txt file). The SPD and/or Product Use Rights form an integral part of applicable Transaction Document and are incorporated by reference. If the applicable version of the Software is not specifically listed within the applicable Transaction Document, the SPD and/or Product Use Rights for the most recent prior version shall apply. 3.3 The grant of license is contingent upon Customer’s compliance with the following obligations set out under this provision and Customer agrees that it shall not: (i) provide, sub-license or transfer the CA Software or its results/outputs other than to Authorized End Users, (ii) make any use of the CA Software for which it has not paid, (iii) cause or permit de-compilation, reverse engineering, or otherwise translate all or any portion of the CA Software; (iv) modify, unbundle, or create derivate works of the CA Software and/or Documentation; (v) rent, sell, lease, assign, transfer or sublicense the CA Software to provide hosting, service bureau, on demand or outsourcing services for the benefit of a third party; (vi) remove any proprietary notices, labels, or marks on or in any copy or version of the CA Software or Documentation; (vii) claim any rights in the CA Software other than its right to use, (viii) export or use the CA Software in violation of US or other applicable laws and regulations, or (ix) use the CA Offerings for any prohibited end use, such as for nuclear technology applications, missile, or other military guidance systems and biological weaponry, or major radiation exposure field applications. Any right that is not granted to Customer under this Software Module, the Foundation Agreement or a Transaction Document is reserved to CA. Customer may not use the Software in an electronic communications network that is used wholly or mainly for the provision of publicly available electronic communications services (“Public Network”) in a manner that violates the rights to privacy or freedom of expression as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards”), of any individual user who directly accesses the Internet or otherwise transmits data through a Public Network, provided the foregoing shall not limit use of the Software in a Public Network to restrict, monitor, collect or process data accessed or transmitted by individual users based upon exceptions to the rights of privacy or freedom of expression that are recognized by International Human Rights Standards. In order to better understand and meet its customers’ needs, CA may collect, use, analyze and retain Customer’s metadata, system topography information, and/or operations data and, in a confidential and anonymous manner, aggregate such data with similar usage data of other CA customers. 3.4 Upon request by CA, Customer agrees to provide verified reports and records reasonably requested by CA to verify its Customer’s compliance with the Authorized Use Limitation and License Metric defined in the Transaction Document Document. These reporting and verification obligations remain in effect during the period in which Customer is licensed to use Term of the Software CA Offering and for a period of twelve (12) months after expiration including certified copies of statements or records as applicablethereafter. Such reports will be based on the License Metric indicated on the Transaction Document. Customer Xxxxxxxx agrees to allow CAthat, upon thirty (30) days’ prior written notice, CA or an independent third party, to conduct an party may audit remotely or onsite at Customer’s facilities within thirty (30) days of CA providing written notice solely for the purpose of verifying compliance with the Foundation Agreement, Software Module and the Transaction Document, remotely or at Customer’s facilities. Customer shall cooperate in good faith with such audit, which CA agrees that the audit will be confidential, and commercially reasonable in nature and time. If Customer’s self-verification or CA’s audit reveals any unpaid or unlicensed use, CA shall provide written notification to Customer and within thirty (30) days of such written notification, Customer shall order at CA’s then-current list price, a sufficient number of such CA Offering and any applicable Support to cover its past or current use in excess of the Authorized Use Limitation and License Metric. If an audit reveals an underpayment of ten percent (10%) or more of total fees owed for the review period, Customer will also reimburse CA for its reasonable audit expenses. 3.5 If the CA Software is provided to Customer for evaluation purposes Section 3.1 (License Grant) is replaced with the following: 3.5.1 CA grants to Customer a non-exclusive, temporary, royalty-free, non-assignable license to use the CA Software solely for internal non-production evaluation subject to the applicable SPD and/or Product Use Rights supplement. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period or (ii) sixty (60) days from the date of initial installation of the CA Software, if no such evaluation period is pre-determined (“Evaluation Term”). Customer is solely responsible to take appropriate measures to back up its system and take other measures to prevent any loss of files or data. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Evaluation Term, Customer must cease use of the CA Software and uninstall or destroy all copies of the software. CA shall accept no liability for Customer’s use of the CA Software for evaluation purposes. All other terms and conditions of this Agreement shall otherwise apply to Customer’s evaluation of the software. THE SOFTWARE PROVIDED FOR EVALUATION MAY NOT BE TRANSFERRED AND IS PROVIDED“AS IS” WITHOUT WARRANTY OF ANY KIND. THE ACCOMPANYING SOFTWARE DOCUMENTATION IS PROVIDED FOR THE PURPOSE OF DESCRIBING THE SOFTWARE; CA DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR OTHER CA COMMITMENTS, OBLIGATIONS, OR LIABILITIES, IN SUCH SOFTWARE.

SOFTWARE OFFERING & OBLIGATIONS. 3.1 Subject to the Customer’s compliance with the Agreement, CA grants the Customer a limited, non- non-exclusive, non-transferable license, for the Term toTerm: 3.1.1 Install install and deploy the CA Software in the Territory up to the Authorized Authorised Use Limitation. 3.1.2 Permit permit its Authorized End Users Access to remotely use the CA Software for Customer’s and Customer Affiliates’ internal business wherever located. Customer hereby expressly agrees that a breach by an Authorized End User of the Agreement shall be considered to be a breach by and the responsibility of the Customer. 3.1.3 Make make a reasonable number of copies of the CA Software for disaster recovery “cold standby”, backup and archival purposes. Use of such copies is limited to testing Customer’s disaster recovery procedures and effectiveness and as is necessary during any reasonable period subsequent to the occurrence of an actual disaster during which Customer cannot operate the CA Software. 3.1.4 Relocate relocate CA Software to a new Customer location within the Territory upon prior written notice. 3.2 The CA Software may be provided under terms and conditions, use Meter(S) and model(S) set forth within Specific Program Documentation (“SPD”) or Product Use Rights supplement identified in applicable Transaction Document(s) (“Order Forms”). The CA Software's specifications, Product Use Rights specifications and specified operating environment information may be found in the Documentation accompanying the CA Software, if available (e.g., a user manual, user guide, or readme.txt or notice.txt file). The SPD and/or Product Use Rights form an integral part of applicable Transaction Document and are incorporated by reference. If the applicable version of the Software is not specifically listed within the applicable Transaction Document, the SPD and/or Product Use Rights for the most recent prior version shall apply. 3.3 The grant of license is contingent upon Customer’s compliance with the following obligations set out under this provision and Customer agrees that it shall not: (i) provide, sub-license or transfer the CA Software or its results/outputs other than to Authorized End Users, (ii) make any use of the CA Software for which it has not paid, (iii) cause or permit de-compilation, reverse engineering, or otherwise translate all or any portion of the CA Software; (iv) modify, unbundle, or create derivate works of the CA Software and/or Documentation; (v) rent, sell, lease, assign, transfer or sublicense the CA Software to provide hosting, service bureau, on demand or outsourcing services for the benefit of a third party; (vi) remove any proprietary notices, labels, or marks on or in any copy or version of the CA Software or Documentation; (vii) claim any rights in the CA Software other than its right to use, (viii) export or use the CA Software in violation of US or other applicable laws and regulations, or (ix) use the CA Offerings for any prohibited end use, such as for nuclear technology applications, missile, or other military guidance systems and biological weaponry, or major radiation exposure field applications. Any right that is not granted to Customer under this Software Module, the Foundation Agreement or a Transaction Document is reserved to CA. Customer may not use the Software in an electronic communications network that is used wholly or mainly for the provision of publicly available electronic communications services (“Public Network”) in a manner that violates the rights to privacy or freedom of expression as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards”), of any individual user who directly accesses the Internet or otherwise transmits data through a Public Network, provided the foregoing shall not limit use of the Software in a Public Network to restrict, monitor, collect or process data accessed or transmitted by individual users based upon exceptions to the rights of privacy or freedom of expression that are recognized by International Human Rights Standards. In order to better understand and meet its customers’ needs, CA may collect, use, analyze and retain Customer’s metadata, system topography information, and/or operations data and, in a confidential and anonymous manner, aggregate such data with similar usage data of other CA customers. 3.4 Upon request by CA, Customer agrees to provide records reasonably requested by CA to verify its compliance with the Authorized Use Limitation defined in the Transaction Document during the period in which Customer is licensed to use the Software and for a period of twelve (12) months after expiration including certified copies of statements or records as applicable. Such reports will be based on the License Metric indicated on the Transaction Document. . 3.4 The grant of license is contingent upon Customer’s compliance with the following obligations set out under this provision: Customer agrees to allow CAagrees, that it shall not: (i) access or use any portion of the CA Software not expressly authorized in the Transaction Document or the Documentation of the CA Software; (ii) cause or permit de-compilation, reverse engineering, or an independent otherwise translate all or any portion of the CA Software; (iii) modify, unbundle, or create derivative works of the CA Software and/or Documentation; (iv) rent, sell, lease, assign, transfer or sublicense the CA Software or use the CA Software to provide hosting, service bureau, on demand or outsourcing services for the benefit of a third party; (v) remove any proprietary notices, labels, or marks on or in any copy of the CA Software or Documentation; (vi) use the CA Software beyond the Authorized Use Limitation. 3.5 CA reserves the right, on notice to the Customer, to conduct an audit remotely or onsite at of Customer and/or its Affiliates facilities to verify Customer’s facilities within thirty (30) days of CA providing written notice solely for the purpose of verifying compliance with the Foundation terms of the Agreement, Software Module and the Transaction Document. CA agrees that such audit shall be conducted during regular business hours at Customer's offices and CA shall endeavor to conduct such audit so as not to interfere unreasonably with Customer's activities and/or use an independent third party to conduct the audit will be confidential, and commercially reasonable in nature and timesubject to terms of non-disclosure if required. 3.5 If the CA Software is provided to Customer for evaluation purposes Section 3.1 (License Grant) is replaced with the following: 3.5.1 CA grants to Customer a non-exclusive, temporary, royalty-free, non-assignable license to use the CA Software solely for internal non-production evaluation subject to the applicable SPD and/or Product Use Rights supplement. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period or (ii) sixty (60) days from the date of initial installation of the CA Software, if no such evaluation period is pre-determined (“Evaluation Term”). Customer is solely responsible to take appropriate measures to back up its system and take other measures to prevent any loss of files or data. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Evaluation Term, Customer must cease use of the CA Software and uninstall or destroy all copies of the software. CA shall accept no liability for Customer’s use of the CA Software for evaluation purposes. 3.6 All other terms and conditions of this Agreement shall otherwise apply to Customer’s evaluation of the software. THE SOFTWARE PROVIDED FOR EVALUATION MAY NOT BE TRANSFERRED AND IS PROVIDED“AS IS” WITHOUT WARRANTY OF ANY KIND. THE ACCOMPANYING SOFTWARE DOCUMENTATION IS PROVIDED FOR THE PURPOSE OF DESCRIBING THE SOFTWARE; CA DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR OTHER CA COMMITMENTS, OBLIGATIONS, OR LIABILITIES, IN SUCH SOFTWARErights not specifically granted hereunder are expressly reserved.

SOFTWARE OFFERING & OBLIGATIONS. 3.1 Subject to the Customer’s compliance with the Agreement, CA grants the Customer a limited, non- non-exclusive, non-transferable license, for the Term to: 3.1.1 Install and deploy the CA Software in the Territory up to the Authorized Use Limitation. 3.1.2 Permit Authorized End Users to remotely use the CA Software for Customer’s and Customer Affiliates’ internal business wherever located. Customer hereby expressly agrees that a breach by an Authorized End User of the Agreement shall be considered to be a breach by and the responsibility of the Customer. 3.1.3 Make a reasonable number of copies of the CA Software for disaster recovery “cold standby”, backup and archival purposes. Use of such copies is limited to testing Customer’s disaster recovery procedures and effectiveness and as is necessary during any reasonable period subsequent to the occurrence of an actual disaster during which Customer cannot operate the CA Software. 3.1.4 Relocate CA Software to a new Customer location within the Territory upon prior written notice. 3.2 The CA Software may be provided under terms and conditions, use Meter(S) and model(S) set forth within Specific Program Documentation (“SPD”) or Product Use Rights supplement identified in applicable Transaction Document(s) (“Order Forms”). The CA Software's specifications, Product Use Rights and specified operating environment information may be found in the Documentation accompanying the CA Software, if available (e.g., a user manual, user guide, or readme.txt or notice.txt file). The SPD and/or Product Use Rights form an integral part of applicable Transaction Document and are incorporated by reference. If the applicable version of the Software is not specifically listed within the applicable Transaction Document, the SPD and/or Product Use Rights for the most recent prior version shall apply. 3.3 The grant of license is contingent upon Customer’s compliance with the following obligations set out under this provision and Customer agrees that it shall not: (i) provide, sub-license or transfer the CA Software or its results/outputs other than to Authorized End Users, (ii) make any use of the CA Software for which it has not paid, (iii) cause or permit de-compilation, reverse engineering, or otherwise translate all or any portion of the CA Software; (iv) modify, unbundle, or create derivate works of the CA Software and/or Documentation; (v) rent, sell, lease, assign, transfer or sublicense the CA Software to provide hosting, service bureau, on demand or outsourcing services for the benefit of a third party; (vi) remove any proprietary notices, labels, or marks on or in any copy or version of the CA Software or Documentation; (vii) claim any rights in the CA Software other than its right to use, (viii) export or use the CA Software in violation of US or other applicable laws and regulations, or (ix) use the CA Offerings for any prohibited end use, such as for nuclear technology applications, missile, or other military guidance systems and biological weaponry, or major radiation exposure field applications. Any right that is not granted to Customer under this Software Module, the Foundation Agreement or a Transaction Document is reserved to CA. Customer may not use the Software in an electronic communications network that is used wholly or mainly for the provision of publicly available electronic communications services (“Public Network”) in a manner that violates the rights to privacy or freedom of expression as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards”), of any individual user who directly accesses the Internet or otherwise transmits data through a Public Network, provided the foregoing shall not limit use of the Software in a Public Network to restrict, monitor, collect or process data accessed or transmitted by individual users based upon exceptions to the rights of privacy or freedom of expression that are recognized by International Human Rights Standards. In order to better understand and meet its customers’ needs, CA may collect, use, analyze and retain Customer’s metadata, system topography information, and/or operations data and, in a confidential and anonymous manner, aggregate such data with similar usage data of other CA customers. 3.4 Upon request by CA, Customer agrees to provide records reasonably requested by CA to verify its compliance with the Authorized Use Limitation defined in the Transaction Document during the period in which Customer is licensed to use the Software and for a period of twelve (12) months after expiration including certified copies of statements or records as applicable. Such reports will be based on the License Metric indicated on the Transaction Document. Customer agrees to allow CA, or an independent third party, to conduct an audit remotely or onsite at Customer’s facilities within thirty (30) days of CA providing written notice solely for the purpose of verifying compliance with the Foundation Agreement, Software Module and the Transaction Document. CA agrees that the audit will be confidential, and commercially reasonable in nature and time. 3.5 If the CA Software is provided to Customer for evaluation purposes Section 3.1 (License Grant) is replaced with the following: 3.5.1 CA grants to Customer a non-exclusive, temporary, royalty-free, non-assignable license to use the CA Software solely for internal non-production evaluation subject to the applicable SPD and/or Product Use Rights supplement. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period or (ii) sixty (60) days from the date of initial installation of the CA Software, if no such evaluation period is pre-determined (“Evaluation Term”). Customer is solely responsible to take appropriate measures to back up its system and take other measures to prevent any loss of files or data. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Evaluation Term, Customer must cease use of the CA Software and uninstall or destroy all copies of the software. CA shall accept no liability for Customer’s use of the CA Software for evaluation purposes. All other terms and conditions of this Agreement shall otherwise apply to Customer’s evaluation of the software. THE SOFTWARE PROVIDED FOR EVALUATION MAY NOT BE TRANSFERRED AND IS PROVIDED“AS IS” WITHOUT WARRANTY OF ANY KIND. THE ACCOMPANYING SOFTWARE DOCUMENTATION IS PROVIDED FOR THE PURPOSE OF DESCRIBING THE SOFTWARE; CA DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR OTHER CA COMMITMENTS, OBLIGATIONS, OR LIABILITIES, IN SUCH SOFTWARE.

SOFTWARE OFFERING & OBLIGATIONS. 3.1 Subject to the Customer’s compliance with the Agreement, CA grants the Customer a limited, non- non-exclusive, non-transferable license, for the Term to: 3.1.1 Install and deploy the CA Software in the Territory up to the Authorized Use Limitation. 3.1.2 Permit Authorized End Users to remotely use the CA Software for Customer’s and Customer Affiliates’ internal business wherever located. Customer hereby expressly agrees that a breach by an Authorized End User of the Agreement shall be considered to be a breach by and the responsibility of the Customer. 3.1.3 Make a reasonable number of copies of the CA Software for disaster recovery “cold standby”, backup and archival purposes. Use of such copies is limited to testing Customer’s disaster recovery procedures and effectiveness and as is necessary during any reasonable period subsequent to the occurrence of an actual disaster during which Customer cannot operate the CA Software. 3.1.4 Relocate CA Software to a new Customer location within the Territory upon prior written notice. 3.2 The CA Software may be provided under terms and conditions, use Meter(S) and model(S) conditions set forth within Specific Program Documentation (“SPD”) or Product Use Rights supplement identified in applicable Transaction Document(s) (“Order Forms”). The CA Software's specifications, Product Use Rights specifications and specified operating environment information may be found in the Documentation accompanying the CA Software, if available (e.g., a user manual, user guide, or readme.txt or notice.txt file). The SPD and/or Product Use Rights form an integral part of applicable Transaction Document and are incorporated by reference. If the applicable version of the Software is not specifically listed within the applicable Transaction Document, the SPD and/or Product Use Rights for the most recent prior version shall apply. 3.3 The grant of license is contingent upon Customer’s compliance with the following obligations set out under this provision and Customer agrees that it shall not: (i) provide, sub-license or transfer the CA Software or its results/outputs other than to Authorized End Users, (ii) make any use of the CA Software for which it has not paid, (iii) cause or permit de-compilation, reverse engineering, or otherwise translate all or any portion of the CA Software; (iv) modify, unbundle, or create derivate works of the CA Software and/or Documentation; (v) rent, sell, lease, assign, transfer or sublicense the CA Software to provide hosting, service bureau, on demand or outsourcing services for the benefit of a third party; (vi) remove any proprietary notices, labels, or marks on or in any copy or version of the CA Software or Documentation; (vii) claim any rights in the CA Software other than its right to use, (viiiiv) modify the CA Software, (v) export or use the CA Software in violation of US or other applicable laws and regulations, or (ixvi) use the CA Offerings for any prohibited end use, such as for nuclear technology applications, missile, or other military guidance systems and biological weaponry, or major radiation exposure field applications. Any right that is not granted to Customer under this Software Module, the Foundation Agreement or a Transaction Document is reserved to CA. Customer may not use the Software in an electronic communications network that is used wholly or mainly for the provision of publicly available electronic communications services (“Public Network”) in a manner that violates the rights to privacy or freedom of expression as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (collectively, “International Human Rights Standards”), of any individual user who directly accesses the Internet or otherwise transmits data through a Public Network, provided the foregoing shall not limit use of the Software in a Public Network to restrict, monitor, collect or process data accessed or transmitted by individual users based upon exceptions to the rights of privacy or freedom of expression that are recognized by International Human Rights Standards. In order to better understand and meet its customers’ needs, CA may collect, use, analyze and retain Customer’s metadata, system topography information, and/or operations data and, in a confidential and anonymous manner, aggregate such data with similar usage data of other CA customers. 3.4 Upon request by CA, Customer Xxxxxxxx agrees to provide records reasonably requested by CA to verify its compliance with the Authorized Use Limitation defined in the Transaction Document during the period in which Customer is licensed to use the Software and for a period of twelve (12) months after expiration including certified copies of statements or records as applicable. Such reports will be based on the License Metric indicated on the Transaction Document. Customer agrees to allow CA, or an independent third party, to conduct an audit remotely or onsite at Customer’s facilities within thirty (30) days of CA providing written notice solely for the purpose of verifying compliance with the Foundation Agreement, Software Module and the Transaction Document. CA agrees that the audit will be confidential, and commercially reasonable in nature and time. 3.5 If the CA Software is provided to Customer for evaluation purposes Section 3.1 (License Grant) is replaced with the following: 3.5.1 CA grants to Customer a non-exclusive, temporary, royalty-free, non-assignable license to use the CA Software solely for internal non-production evaluation subject to the applicable SPD and/or Product Use Rights supplement. Such evaluation license shall terminate (i) on the end date of the pre-determined evaluation period or (ii) sixty (60) days from the date of initial installation of the CA Software, if no such evaluation period is pre-determined (“Evaluation Term”). Customer is solely responsible to take appropriate measures to back up its system and take other measures to prevent any loss of files or data. The Software may contain an automatic disabling mechanism that prevents its use after a certain period of time. Upon expiration of the Evaluation Term, Customer must cease use of the CA Software and uninstall or destroy all copies of the software. CA shall accept no liability for Customer’s use of the CA Software for evaluation purposes. All other terms and conditions of this Agreement shall otherwise apply to Customer’s evaluation of the software. THE SOFTWARE PROVIDED FOR EVALUATION MAY NOT BE TRANSFERRED AND IS PROVIDED“AS IS” WITHOUT WARRANTY OF ANY KIND. THE ACCOMPANYING SOFTWARE DOCUMENTATION IS PROVIDED FOR THE PURPOSE OF DESCRIBING THE SOFTWARE; CA DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR OTHER CA COMMITMENTS, OBLIGATIONS, OR LIABILITIES, IN SUCH SOFTWARE.