0001362310-08-000553 Sample Contracts

PERFORMANCE-BASED RESTRICTED STOCK AWARD AGREEMENT
Performance-Based Restricted Stock Award Agreement • February 8th, 2008 • BMC Software Inc • Services-prepackaged software • Texas

BMC Software, Inc., a Delaware corporation (the “Company”), hereby grants to the Recipient this Performance-Based Restricted Stock Award (this “Award”) effective as of the Grant Date pursuant to the terms of this Performance-Based Restricted Stock Award Agreement (this “Agreement”). The Award and this Agreement are subject to all of the terms and conditions of this Performance-Based Restricted Stock Award and the BMC Software, Inc. 2007 Incentive Plan (the “Plan”), a copy of which is attached hereto. Unless otherwise specified, capitalized terms used in this Agreement shall have the meanings specified in the Plan. The terms and conditions of the Plan are incorporated herein by this reference and govern except to the extent that this Agreement provides otherwise.

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RESTRICTED STOCK AWARD AGREEMENT
Restricted Stock Award Agreement • February 8th, 2008 • BMC Software Inc • Services-prepackaged software • Texas

BMC Software, Inc., a Delaware corporation (the “Company”), hereby grants to the Recipient this Restricted Stock Award (this “Award”) effective as of the Grant Date pursuant to the terms of this Restricted Stock Award Agreement (this “Agreement”). The Award and this Agreement are subject to all of the terms and conditions of this Restricted Stock Award and the BMC Software, Inc. 2007 Incentive Plan (the “Plan”), a copy of which is attached hereto. Unless otherwise specified, capitalized terms used in this Agreement shall have the meanings specified in the Plan. The terms and conditions of the Plan are incorporated herein by this reference and govern except to the extent that this Agreement provides otherwise.

Sample 1
NONSTATUTORY STOCK OPTION AGREEMENT
Nonstatutory Stock Option Agreement • February 8th, 2008 • BMC Software Inc • Services-prepackaged software • Texas

This Nonstatutory Stock Option Agreement is made between BMC Software, Inc., a Delaware corporation (the “Company”), and the recipient (“Executive”).

Sample 1
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