Spreadsheet: john_arnold__15142__Enron RealMedia KM Order 2
Sheet: Full Version

 |  |  |  |  | Product Order Form:  PS MarketZone |  |  |  |  |  | Order ID | ENR080800
 | The terms of SLA # 5839 between Enron Corp. and BMC Software Inc. dated June 28, 1995 are incorporated herein |  |  |  |  |  |  |  |  |  | EID | n/a
6
 |  |  |  |  |  | DESIGNATED CPU |  | PRODUCT |  | LICENSE FEE |  | CONSOLE
 | ITEM# | QUANTITY | VENDOR | PRODUCT DESCRIPTION | TIER | MACHINE TYPE | MANUFACTURE | EFFECTIVE | SUPPORT | UNIT COST | TOTAL COST | INSTALLATION
 |  |  |  |  |  | & MODEL | # | DATE |  |  |  | [NAME]
 | 1 | 299 | BMC | PATROL for Real Server Streaming Media | Wkg |  | SUN | 2000-08-08 00:00:00 | n/a | 1950 |  | Enron
 | 2 | 1 | BMC | PATROL for Real Server Streaming Media | Dept |  | SUN | 2000-08-08 00:00:00 | n/a | 7000 |  | Broadband
 | 3 | 80hrs. | BMC | Implementation, Development Assistance |  |  |  |  |  | 250 | Included | Services
 |  |  |  | Support |  |  |  |  |  |  |  | Portland. Or
 |  |  |  |  |  |  | SOFTWARE SUBTOTAL:
 |  |  |  |  |  |  | DISCOUNT: |  | 0.2
 |  |  |  |  |  |  | SOFTWARE TOTAL:
 |  |  |  |  |  |  | [NAME]:  (1) NOT APPLICABLE
 |  |  |  |  |  |  | SERVICES:
 |  |  |  |  |  |  | TOTAL
 | ACCEPTED BY: BMC Software Services, Inc. |  |  |  |  |  | ACCEPTED BY [NAME]:   Enron Broadband Services
 | By: |  |  |  |  |  | By:
 | Name: |  |  |  |  |  | Name:
 | Title: |  |  |  |  |  | Title:
 | Date: |  |  |  |  |  | Date:
 | 1.Enron may add licenses above the 300 server maximum with an annual review beginning March 1st, 2001. On the review date, Enron will provide to BMC a statement
 | ("Statement of Servers") certified by an officer of Enron, specifying all of the CPUs (by location, model, type and serial number) upon which Product is installed or operated.
 | Incremental licenses above 300 servers will be invoiced at $1560. per Wkg. and $5600. per Dept. server.
 | 2. Licenses for PATROL for Real Server Streaming Media can be exchanged for licenses for PATROL KM for Windows Media Services, up to 12 months from the effective date.
 | 3. Software licensed as is. License Fees do not include maintenance.  Enron may use the pre-paid Implementation & Development Assistance in two hour blocks for offsite support to a
 | maximum of 80 hours. |  |  | Additional Implementation & Development support is available at the then applicable rate (currently $250/hr.)
 | 4. In the event that BMC Software releases the PATROL for RealServer Streaming Media KM as Generally Available product, Enron is entitled to a number of GA licenses equivalent
 | to the purchased total (minimum of 300) for which  Enron would pay maintenance only, at rate of 20% of net software license charge.
 | Enron has 60 days from the date of product General Availability to elect maintenance & support.
 | 5. Price effective until September 30, 2000.
 | Scope of work and payment procedures will be as specified in a separate Statement of Work (“SOW”) to be prepared and executed by [NAME] and BMC or BMC’s services
 | affiliate, as applicable for implementation and development support. Reasonable out-of-pocket costs and expenses incurred by BMC or its affiliate for implementation and/or training
 | will be reimbursed by [NAME] as specified in the SOW in addition to the service fees set forth above.  Any software products and related documentation and/or other
 | confidential or proprietary information delivered to [NAME] in the course of implementation and/or training will be deemed included in the Product licensed
 | under, and shall be subject to all the terms and conditions of, this Product Order Form and the Software License Agreement to which it relates (the “SLA”),
 | including without limitation the provisions concerning title and proprietary information.  The SLA shall prevail in case of any conflict between its terms and
 | those of the SOW, and neither the execution nor fulfillment of the SOW will relieve or alter BMC’s or [NAME]’S obligations and responsibilities with
 | respect to the affected Products under the license terms set forth in the SLA.