First Amendment to
License, Distribution and Option Agreement
This First Amendment to License, Distribution and Option Agreement (“Amendment”) is entered into this 6 th
day of January, 2005 (“Amendment Effective Date”), by and between IXIA, a California corporation doing
business at 26601 West Agoura Road, Calabasas, CA 91302 (“Ixia”), and NETIQ CORPORATION, a
Delaware corporation with its principal place of business at 3553 First Street, San Jose, California 95134, and its
wholly owned subsidiaries (“NetIQ”), and amends the License, Distribution and Option Agreement entered into
on July 7, 2003, by and between Ixia and NetIQ (the “Agreement”).
In consideration of the premises and mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
For purposes of this Amendment, capitalized terms set forth in this Amendment shall have the meanings set
forth in the Agreement, unless otherwise defined in this Amendment.
2. Provision and Use of Customer Data
Promptly after the Amendment Effective Date, NetIQ will provide Ixia with the Option Assets. Ixia
acknowledges and agrees that the Option Assets include information, such as customer and customer support
information, that may be protected by applicable data protection laws in certain jurisdictions (“Protected
Information”). Ixia acknowledges and agrees that such information is provided to Ixia in order to assist it with
exercising its rights as the sole, worldwide provider of maintenance and support with respect to the Chariot
Products and making support available for the benefit of existing Chariot Product customers. Ixia agrees to
comply with all applicable laws, including data protection laws, in connection with its use and disclosure of any
Protected Information on or after the Amendment Effective Date.
3. Provision of Maintenance Services
On or before January 7, 2005, NetIQ will (a) pay to Ixia, by wire transfer in immediately available