L’ARTMENT OF COMMERCE
`UNITED STATES
`Patent and Trademark Office
`ASSISTANT COMMISSIONER FOR TRADEMARKS
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Dec 12, 1997
`
`NOTICE OF PUBLICATION UNDER 12(a)
`
`1. Serial No.:
`75/ 1 44,373
`
`2. Mark:
`SOLVE:OPERATIONS
`
`3. International Classles):
`9
`
`4. Publication Date:
`Jan 13, 1998
`
`5. Applicant:
`STERLING SOFTWARE.
`
`INC.
`
`The mark of the application identified appears to be entitled to registration. The
`mark will,
`in accordance with Section 12(a) of the Trademark Act of 1946, as
`amended, be published in the Official Gazette on the date indicated above for the
`purpose of opposition by any person who believes he will be damaged by the
`registration of the mark.
`If no opposition is filed within the time specified by
`Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules,
`the Commissioner of Patents and Trademarks may issue a certificate of
`registration.
`
`PCFDLR (REV 12/97)
`
`Copies of the trademark portion of the Official Gazette containing the publication
`of the mark may be obtained at $38.00
`each for domestic orders, or at $47.50
`each for foreign orders from:
`
`The Superintendent of Documents
`US. Government Printing Office
`PO Box 371954
`
`Pittsburgh, PA 15250—7954
`Phone: (202)512-1800
`
`By direction of the Commissioner.
`
`

`

`Stanley W. Sokoloff
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN
`12400 Wilshire Boulevard, Seventh Floor
`
`Los Angeles, CA 90025
`
`

`

`Text Editor
`
`
`
`
`Q0
`
`Amended Register:
`Amended Reg. Date:
`Disclaimer:
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`Description of Mark:
`Lining and Stippling Statement:
`'m: ' Translation of Words in Mark:
`Name/Portrait Descri tionlConsent:
`
`IF.
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`Section 2(f): ClEntire Mark
`Clln Part
`ElLimitation Statement:
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`CS
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`Use in Another Form:
`Certification Statement:
`Concurrent Use Statement:
`Pn’or U.S. Registrations:
`PR
`0* Domestic Reresentative:
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`Foreign Country of Origin:
`FN
`FN - Foreign Application No.:
`PM
`Section 44(d): YIN
`m Foreign Registration No.:
`Foreign Registration Expiration Date:
`1]ng Foreign Renewal Reg. No.:
`* Foreign Registration Renewed Expiration Date:
`Attorney Name:
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`Correspondence:
`:1 Name
`Attorney Docket Number:
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`Frgn. Appl. Filing Date:
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`Frgn. Reg. Date:
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`Frgn. Reg. Renewed:
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`l:||nter St. Address
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`l:l City/State/Zip
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`__—___—___—______.._____—-—n __>_ m, __ V“_>______'4___F—_____V_
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`I certify that all corrections have been entered in accordance with the above instructions and text editing guidelines.
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`I
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`
`
`r
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`PUBLICATION/REGISTRATION EXAMINATION WORK SHEET
`_________________.__.__._——————————
`Reviewer: Lawrence COPBIin
`L.O.: 103
`Date: [1/332ng
`Serial No.:
`‘
`I certify all information in the database matched the infermation in the file and no corrections were required.
`r1
`INSTRUCTIONS:
`If the information in the database does not match the information in the file the reviewer should check the ERROR column. Alter correction:
`(text editing), the EDITED column should be checked.
`RETAlN IN FILE WRAP.
`m ERROR EDITED
`ERROR FOUND ouRiNo REVIEW REQUIRING AMENDMENT OF:
`Mark Type:
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`Register:
`Mark:
`‘t Owner:
`
`AM
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`1
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`Ci Name:
`CI Citizenship:
`[3 Entity Type:
`I] Entity Statement:
`_
`DBA/AKA/TA Statement:
`._
`Address:
`Ellnter
`EZlCity
`Assignment or Name Change:
`C0 Composed of:
`n:—
`international Class:
`First Use:
`Goods and Services:
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`EState/Country
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`:1 Zip
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`U.S. Class:
`First Use in Commerce:
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`

`L___._.—I
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`Amended Re
`Disclaimer:
`Descri 'on of Mark:
`-_Efl
`-E Linin and Stiplin Statement:
`—_E! Translation of Words in Mark:
`-E Name/Portrait Description/Consent:
`- Section 2(f): D Entire Mark
`EIIn Part
`III Limitation Statement:
`—-Au
`_-‘E
`7.53
`Prior U.S. Registrations:
`--
`-
`-m Domestic Representative:
`_—m Fore'n Coun of O ‘in:
`_—m Fore'n Application No.:
`_-m Section 44(d) Claimed: YIN
`__m Foreign egistration No.2
`__Efl Fore‘n Re istration Expiration Date:
`_m Foreign Renewal Reg. No.:
`—-m Foreign Registration Renewed Expiration Date:
`—- Attorney Name:
`-m Correspondence:
`El Name
`Attorney Docket Number:
`
`Date:
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`[:1 M00:
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`DState/Countly
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`|:I Zip
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`US. Class:
`First Use in Commerce:
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`.
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`n. Appl. Filing Date:
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`Frgn. Reg. Date:
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`Frgn. Reg. Renewed:
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`El Inter St. Address D City/State/Zip
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`Inltial Box it No Amendments are required.
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`Il
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`I certify that all corrections ~ ~
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`- once with the above instructions and t
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`editi
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`'uidelines.
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`AMENDMENT EXA
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`N WORK SHEET
`
`INSTRUCTIONS: To certify amendmentstne RM Clerk should check the 'AIEN i 0" column. The Tan Editor ehouid check 'ENTERED" after the amendment has been
`RETAIN lN FILE.
`entered.
`
`“warm”
`
`Re 3 ister:
`Mark:
`Owner:
`
`D Name:
`13 Citizenship:
`I
`‘0 '
`CI Entity Statement:
`DBAIAKA/TA Statement:
`
`DCity
`Clinter
`-E Address:
`-fl Assignment or Name Change:
`_—fi Composed Ofi
`—fl international Class:
`_E First Use:
`_ Goods and Services:
`
`
`
`

`

`identified goods, so resembles the marks in US. Reg. Nos. 1,803,120; 1,749,147;
`
`Applicant is the owner of Registration Nos. 1,935,864; 1,933,682;
`'
`/
`1,988,817; 1,959,182; 1,935,865.
`‘
`
`'’‘bVm1301be
`
`EU
`in
`O
`
`m Q
`
`“:
`F”?
`,
`CD
`
`) ) ) ) ) ) ) ) ) )
`
`In re Application of:
`
`Sterling Software, Inc/
`
`Serial No.:
`
`75/ 144,373
`
`Filed: August 5, 1996
`
`For:
`
`SOLVE:OPERATIONS
`
`REPNET FFIEATI
`
`Box RESPONSES - NO FEE
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 20202-3513
`
`Dear Sir:
`
`ket ‘
`
`081321.T035
`
`Examining Attorney: Wanda K. Price
`
`Law Office: 103
`
`International Class:
`
`9
`
`I...
`3>qr“
`-.
`
`K4
`
`{Dr—f
`377.3
`“In
`8m
`.0
`
`HC
`
`)
`(A)
`
`This letter is responsive to the outstanding Office Action mailed on April 2,
`
`1997:
`
`AMENDMENT
`
`€123.19)
`
`REMARKS
`
`Examining Attorney has refused registration under Trademark Act Section
`
`2(d) because the Applicant's mark, when used on or in connection with the
`
`

`

`1,749,146; 1,749,145; and 1,749,148, as to be likely to cause confusion. Applicant
`
`respectfully requests that the refusal to register be withdrawn. Applicant notes that
`
`Systems Center, Inc. changed its name to Sterling Software (United States of
`
`America), Inc. A copy of the Second Restated Certificate of Incorporation which
`
`reflects this name change is attached hereto as Exhibit A and has been submitted to
`
`the United States Patent and Trademark Office for recordation (at Reel No. 1161,
`
`Frame No. 0293), as shown in the attached document. Sterling Software (United
`
`States of America), Inc. is a wholly-owned subsidiary of Sterling Software, Inc., the
`
`Applicant in the present application. Sterling Software, Inc, as parent company,
`
`controls the nature and quality of the products and services which bear the subject
`
`mark used by its wholly—owned subsidiary. Accordingly, ownership is proper in the
`
`Section 2(d) should be withdrawn.
`
`name of the present Applicant, Sterling Software, Inc. Thus, since the owner of the
`cited registrations is the same as the present Applicant, the refusal to register under
`
`LNB/MIO/kmc
`
`Additionally, please note that Applicant has previously registered numerous
`
`marks with the prefix "SOLVE", also filed in the name of Sterling Software, Inc.
`
`(See Registration Nos. 1,935,864; 1,933,682; 1,988,817; 1,959,182; 1,935,865; attached
`
`hereto as Exhibit B.) It would be illogical to refuse registration of the present
`
`application while allowing registration of these other SOLVE: marks. This
`
`application should proceed to registration as well.
`
`As requested by the Examining Attorney, to clarify the nature of the goods,
`
`Applicant submits herewith a sample advertisement of Applicant's goods displaying
`
`the mark SOLVE:OPERATIONS. (Attached hereto as Exhibit C)
`
`Applicant has addressed all issues raised by the Examining Attorney, and
`
`there are no issues remaining. Accordingly, Applicant requests that the Examining
`
`Attorney pass the mark to publication at her earliest convenience.
`
`If the Examining
`
`081321 .T035
`
`

`

`Attorney should have any questions, she is urged to contact the undersigned
`
`attorney.
`
`Respectfully submitted,
`
`BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN
`
`I hereby certify) that this correspondence is being deposited with the
`United Stat
`ostul Service as first class mail in an envelope addressed to:
`'
`‘
`'
`'
`«
`900
`rystal Drive, Arlington,
`
`LNB/MJO/kmc
`
`Date:
`
`3’0 /
`
`By:
`
`Lori N. Boatright
`
`12400 Wilshire Boulevard
`Seventh Floor
`
`Los Angeles, California 90025
`(310) 207-3800
`
`081321.T035
`
`

`

`a
`FORM P104595
`
`F
`
`ORDATION FORM COVER SHEET
`
`TRADEMARKS ONLY
`
`us. DEPARTMENT OF COMMERCE
`
`__ lndividual(s)
`__ General Partnership
`)5
`Corporation - Delaware
`
`__ Association
`__ Limited Partnership
`
`City: Heston
`__ lndividual(s) citizenship
`Association
`Limited Partnership
`
`State:_MI_ZlP:
`
`22091
`
`—— Merger
`X
`Change of Name
`
`3. Nature of conveyance:
`
`———- ASSiElmer“
`
`Security Agreement
`Other
`7/1/93
`Execution Date:
`4. Application number(s) or registration number(s):
`A. Trademark Application No.(s)
`74/132860
`
`x Corporation - State
`
`mlaware
`
`Other
`
`lt assignee is not domiciled in the United States, a domestic
`representative designation is attached: __Yes __ No
`(Designations must be a separate document from Assignment)
`Additional name(s) & address(es) attached? __ Yes
`3
`
`No
`
`B. Trademark Registration No.(s)
`1,598,397
`1,737,244
`1,645603
`1,710,716
`1,695,252
`1,705,782
`1,719,401
`1,729,279
`1,749,145
`1,749,147
`1,749,148
`1,803,120
`1,350,414
`1,549,570
`1,555,571
`1,581,990
`1,615,489
`1,631,369
`1,597,298
`1,633,835
`1,326,441
`Yes
`X No
`
`1,669,881
`1,715,149
`1,749,146
`1,795,707
`1,607,017
`1,626,770
`
`1,585,116
`1,581,116
`1,583,362
`1,522,437
`1,524,212
`1,541,379
`
`To the Honorable Commissioner of Patents and Trademarks: Please record the attached original documents or copy thereof.
`1. Name of conveying party(ies):
`2. Name and address 01 receiving party(ies):
`Systems Center, Inc.
`Name:
`Sterling Sgttwam ignited States of Mariya), Inc.
`Street Address:
`1w Alexander Bell Driyg
`
`I
`
`Additional numbers attached?
`
`5. Name and address of party to whom correspondence concerning
`document should be mailed:
`
`6. Total number of applications and registrations involved: a
`
`Name:
`§tanley W, Sokolott
`7. Total fee (37 CFR 3.41) ....................$
`lntemal Address: BLAKELY, SOKOLOFF TAYLOR & ZAFMAN
`X
`Enclosed
`_____—__________________—————__
`X
`Authorized to be charged to deposit account
`
`570.00
`
`Street Add
`
`:
`
`ress
`
`City:
`
`Los Angeles
`
`l
`B
`12400 Wl h‘
`IS "8 ouevard
`Seventh Floor
`State: CA
`
`ZIP:
`
`8. Deposit account number:
`0
`666
`(Attach duplicate copy of this page if paying by deposit account
`90025
`DO NOT USE THIS SPACE
`
`9. Statement and signature.
`To the best ofmy knowledge and belief, the foregoing information is true and correct and any attached copy is a true copy of the original
`document.
`
`Name of Person Signing
`
`'
`
`ate
`Total number oi pages including cover sheet:
`
`

`

`CAFUEfiUB
`
`(Convention de La Haye du 5 octobre 1961) ‘
`
`1. Country: United States of America
`
`ILLEN
`
`4. bears the seal/stamp of
`
`alertifieh
`
`This public document WILL 1AM T _
`CD
`2. has been signed by
`3‘
`acting in the capacity OISECRE'LARY OF STATE CF DELAWARE
`
`Sec reta ry of state
`
`5.
`
`6.
`
`7.
`
`at Dover, Delaware
`
`the
`
`by (Acting) Secretary of State, Delaware Department of State
`No. 26018
`
`Seal/Stamp:
`
`fl;-
`
`"--
`
`t
`
`r
`
`10. Signature:
`
`7. w
`
`

`

`State of Delaware
`
`Office of the Secretary of State
`
`________,_____,._———————
`
`DE
`
`I, WILLIAM T. OUILLEN, SECRETARY OF STATE OF THE STATE OF
`LAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
`ATE OF RESTATED CERTIFICATE OF I
`5 OFFICE ON THE FIRST DAY
`
`NCORPORATION
`
`COPY OF THE CERTIFIC
`INC." FILED IN THI
`OF "SYSTEMS CENTER,
`OF JULY, A.D. 1993, AT 8:31 O'CLOCK A.M.
`A CERTIFIED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO
`
`09/10/1993
`
`NEW CASTLE COUNTY RECORDER OF DEEDS
`
`FOR RECORDING.
`
`U400; ’3. M
`
`William T. Quillen. Secretary ofSIarc
`
`AUTHENUCKUON:
`
`*4050969
`
`723253067
`
`DATE:
`
`

`

`(the 'Corporation"), a corporation duly organized and
`SYSTEMS CENTER, INC.
`existing under the General Corporation Law of the State of Delaware, does hereby certify that:
`
`The original Certificate of Incorporation of the Corporation was filed with the
`I.
`Secretary of State of the State of Delaware on February 20, 1981 and the name of the
`Corporation at that time was 'VM Software, Inc." A Restated Certificate of Incorporation of
`the Corporation was filed with the Secretary of State of Delaware on April 3, 1985. A
`Certificate of Amendment of the Restated Certificate of Incorporation of the Corporation was
`filed with the Secretary of State of the State of Delaware on February 16, 1989 changing the
`name of the Corporation to “Systems Center, Inc.“
`
`This Second Restated Certificate of Incorporation amends the Restated Certificate
`II.
`of Incorporation (as heretofore amended) by deleting from such Restated Ceru'ficate of
`Incorporation (as so amended) all of the provisions thereof and substituting in lieu of such
`provisions the text of the Second Restated Certificate of Incorporation set forth in Article IV
`hereof, including the amendment of Article FIRST to change the name of the Corporation to
`"Sterling Software (United States of America), Inc.“
`;
`
`W.
`
`(Under Section 245 of the General Corporation Law
`of the State of Delaware)
`
`of Sections 228, 242 and 245 of the General Corporation law of the State of Delaware.
`
`Pursuant to Sections 242 and 245 of the General Corporation Law of the Sate of
`III.
`Delaware, by resolutions unanimously adopted in writing by the Board of Directors of the
`Corporation,
`the Board of Directors of the Corporation deemed it advisable and in the best
`interests of the Corporation to restate the Restated Certificate of Incorporation of the Corporation
`(in its entirety) as set forth in this Second Restated Certificate of Incorporation and directed that
`this Second Restated Certificate of Incorporation be submitted for consideration and action
`thereon by the sole stockholder of the Corporation. Pursuant to Sections 228, 242 and 245 of
`the General Corporation Law of the State of Delaware, by unanimous written consent in lieu of
`a meeting of the stockholders of the Corporation, the sole stockholder of the Corporation voted
`in favor of, approved and adopted this Second Restated Certificate of Incorporation including
`the text set forth in Article IV hereof. The text of the Second Restated Certificate of
`Incorporation set forth in Article IV hereof was duly adopted by the Board of Directors and by
`the sole stockholder of the Corporation entitled to vote thereon in accordance with the provisions
`
`

`

`The text of the Restated Certificate of Incorporation of the Corporation (as
`IV.
`amended previously) is hereby restated by this Second Restated Certificate of Incorporation, to
`read in its entirety as follows:
`
`FIRST: The name of the Corporation is Sterling Software (United States of America),
`
`Inc.
`
`SECOND: The Corporation will have perpetual existence.
`
`now or hereafter to be authorized, whether or not the issuance of any such shares or such notes,
`
`Preferred stock may be issued in one or more series as may be determined from time to
`time by the Board of Directors. All shares of any one series of preferred stock will be identical
`except as to the dates of issue and the dates from which dividends on shares of the series issued
`on different dates will cumulate, if cumulative. Authority is hereby expressly granted to the
`Board of Directors to authorize the issuance of one or more series of preferred stock, and to fix
`by resolution or resolutions providing for the issue of each such series the voting powers.
`designations, preferences, and relative, participating, optional, redemption, conversion, exchange
`or other special rights, qualifications, limitations or restrictions of such series, and the number
`of shares in each series, to the full extent now or hereafter permitted by law.
`
`THIRD: The purpose of the Corporation is to engage in any lawful act or activity for
`which corporations may be organized under the Delaware General Corporation Law.
`
`FOURTH: The aggregate number of shares of capital stock that the Corporation will
`have authority to issue is eleven thousand (11,000), ten thousand (10,000) of which will be
`shares of Common Stock, having a par value of $.01 per share and one thousand (1,000) of
`which will be shares of preferred stock, having a par value of $.01 per share.
`
`FIFTH: No stockholder of the Corporation will, solely by reason of holding shares of
`any class, have any preemptive or preferential right to purchase or subscribe for any shares of
`the Corporation, now or hereafter to be authorized, or any notes, debentures, bonds or other
`securities convertible into or carrying warrants, rights or options to purchase shares of any class,
`
`

`

`debentures, bonds or other securities would adversely affect the dividend, voting or any other
`rights of such stockholder. The Board of Directors may authorize the issuance of, and the
`Corporation may issue, shares of any class of the Corporation, or any notes, debentures, bonds
`or other securities convertible into or carrying warrants, rights or options to purchase any such
`shares, without offering any shares of any class to the existing holders of any class of stock of
`the Corporation.
`
`SIXTH: Stockholders of the Corporation will not have the right of cumulative voting for
`the election of directors or for any other purpose.
`
`3
`
`(b) If a claim under the preceding paragraph (a) is not paid in full by the Corporation
`within 30 days after a written claim has been received by the Corporation, the claimant may at
`any time thereafter bring suit against the Corporation to recover the unpaid amount of the claim
`and, if successful in whole or in part, the claimant will be entitled to be paid also the expense
`of prosecuting such claim. It will be a defense to any such action (other than an action brought
`to enforce a claim for expenses incurred in defending any proceeding in advance of its final
`disposition where the required undertaking,
`if any is required, has been tendered to the
`Corporation) that the claimant has not met the standards of conduct that make it permissible
`under the laws of the State of Delaware for the Corporation to indemnify the claimant for the
`amount claimed, but the burden of proving such defense will be on the Corporation. Neither
`the failure of the Corporation (including its Board of Directors, independent legal counsel, or
`its stockholders) to have made a determination prior to the commencement of such action that
`indemnification of the claimant is proper in the circumstances because he has met the applicable
`standard of conduct set forth in the laws of the State of Delaware nor an actual determination
`by the Corporation (including its Board of Directors,
`independent
`legal counsel, or its
`stockholders) that the claimant has not met such applicable standard of conduct, will be a defense
`to the action or create a presumption that the claimant has not met the applicable standard of
`conduct.
`
`SEVENTH: The Board of Directors is expressly authorized to alter, amend or repeal
`the Bylaws of the Corporation or to adopt new Bylaws.
`
`(a) The Corporation will, to the fullest extent permitted by the Delaware
`EIGHTH:
`General Corporation Law, as the same exists or may hereafter be amended, indemnify any and
`all persons it has power to indemnify under such law from and against any and all of the
`expenses,
`liabilities or other matters referred to in or covered by such law.
`Such
`indemnification may be provided pursuant to any Bylaw, agreement, vote of stockholders or
`disinterested directors or otherwise, both as to action in his director or officer capacity and as
`to action in another capacity while holding such office, will continue as to a person who has
`ceased to be a director, officer, employee or agent, and will inure to the benefit of the heirs,
`executors and administrators of such a person.
`
`NINTH: To the fullest extent permitted by the laws of the State of Delaware as the same
`exist or may hereafter be amended, a director of the Corporation will not be liable to the
`
`

`

`registered office is 1209 Orange
`The address of the Corporation’s
`TENTH:
`Street, Wilmington, Delaware 19801, County of New Castle, and the name of its
`registered agent at that address is The Corporation Trust Company.
`
`IN WITNESS WHEREOF, the Corporation has caused this Second Restated Certificate
`of Incorporation to be signed and executed in its corporate name as of the 7”" day of
`jwlg
`, 1993.
`
`Corporation or its stockholders for monetary damages for breach of fiduciary duty as a director.
`'
`f this Article will not increase the personal liability of any director
`of the Corporation for any act or occurrence taking place before such repeal or modification,
`or adversely affect any right or protection of a director of the Corporation existing at the time
`of such repeal or modification. The provisions of this Article shall not be deemed to limit or
`preclude indemnification of a director by the Corporation for any liability of a director that has
`not been eliminated by the provisions of this Article.
`
`281578/d
`
`ette P. Meier, Secretary
`
`. E Hi 5
`Name: Geog;
`Titiaw
`
`

`

`3”“ OF LOS ANGELES
`BEVERLY "'LLS “EG'ONAL °FHCE
`HILLS CA
`'
`00459004222
`
`’5'”"-"":"~ C':‘..”’.'"T'..‘ hl’r' 5'3 " "-"-§*§§§'¥§§§*§¥**¥i¥¥§§5¥¥¥fi¥¥*
`3...: .i_sr£n: 5 Hr»..- A'n...
`‘ “-
`DATE
`
`Elfiéfig:
`
`“'0 LOODSII'
`
`ISLEEESQDDSH
`
`DEDULEE BBII'
`
`BLAKELY. SOKOLOFF. TAYLOR & ZAFMAN
`
`DATE
`
`DESCRIPTiGFQ
`
`BLAKELY. SOKOLOFF. TAYLOR 8: ZAFMAN
`12400 WILSHIRE BLVD.
`7TH noon PH. 310.207.3300
`c.
`-
`
`F.
`
`

`

`STERLING SOFTWARE.
`CORPORATION)
`8080 NORTH CENTRAL EXPRESSWAY
`SUITE IIOO LB 53
`DALLAS. TX 752061895
`
`INC.
`
`(DELAWARE
`
`FOR: COMPUTER PROGRAM WHICH PRO-
`VIDES A GRAPIIICAL USER INTERFACE TO
`ASSIST THE OPERATION OF NET\VORK PRO-
`
`O
`
`Int. CL: 9
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SOLVEzMONITOR
`
`Prior U.S. Cls.: 21, 23, 26, 36, and 38
`Reg. No. 1,935,864
`.
`.
`Umted States Patent and Trademark Office Registered Nov. 14,1995
`
`BALDEV SARAI. EXAMINING ATTORNEY
`
`GRAMS AND PRINTED INSTRUCTIONAL
`MANUALS, THEREFOR, SOLD AS A UNIT , IN
`CLASS 9 (U.S. CLS. 21. 23, 26. 36 AND 38).
`FIRST USE
`10-15—1993;
`1N COMMERCE
`I0-15-1993.
`
`SN 74416382, FILED 7—26-1993.
`
`

`

`STERLING SOFTWARE,
`CORPORATION)
`8080 NORTH CENTRAL EXPRESSWAY
`SUITE 1100 LB 53
`DALLAS, TX 752061895
`
`INC.
`
`(DELAWARE
`
`FOR: COMPUTER PROGRAM WHICH PRO-
`VIDES THE ABILITY TO MONITOR AND
`CONTROL ASSORTED SYSTEM NETWORK
`ARCHITECTURE RESOURCES ON MULTIPLE
`
`SN 74-416,880, FILED 7—26—1993.
`
`Int. CL: 9
`
`0
`
`Prior U.S. CIs.: 21, 23, 26, 36, and 38
`
`United States Patent and Trademark Office
`
`Reg. No. 1,933,682
`Registered Nov. 7, 1995
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SOLVE:STAT
`
`INSTRUCTIONAL
`PRINTED
`AND
`CPUS
`MANUALS. THEREFOR. SOLD AS A UNIT, IN
`CLASS 9 (US. CLS. 21, 23, 26, 36 AND 38).
`FIRST USE 10—15—1993;
`IN COMMERCE
`10—1571993.
`
`BALDEV SARA], EXAMINING ATTORNEY
`
`

`

`STERLING SOFTWARE,
`CORPORATION)
`8080 NORTH CENTRAL EXPRESSWAY
`SUITE I100 LB 53
`DALLAS, TX 75206l895
`
`INC.
`
`(DELAWARE
`
`FOR: COMPUTER PROGRAM WHICH INTE-
`GRATES COMPUTER OPERATIONS ACROSS
`NETWORKS AND A VARIETY OF PLAT-
`
`FORMS AND PRINTED INSTRUCTIONAL
`MANUALS. THEREFOR, SOLD AS A UNIT. IN
`CLASS 9 (US. CLS. 21. 23. 26. 36 AND 38).
`FIRST USE
`4—23-1993;
`IN COMMERCE
`4—23-1993.
`
`SN 74—41638], FILED 7-26-1993.
`
`Int. CL: 9
`
`O
`
`Prior U.S. C15,: 21, 23, 26, 36, and 38
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SOLVEzNETMASTER
`
`Reg. No. 1,988,817
`United States Patent and Trademark Office Registered July 23, 1995
`
`BALDEV SARAI, EXAMINING ATTORNEY
`
`

`

`Int. CL: 9
`
`O
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SOLVEzASSET
`
`(DELAWARE
`
`TIONAL MANUALS. THEREFOR. SOLD AS A
`UNIT, IN CLASS 9 (US. CLS. 21. 23. 26. 36 AND
`38).
`FIRST USE
`10-15—1993.
`
`IN COMMERCE
`
`lO-IS—I993;
`
`STERLING SOFTWARE.
`CORPORATION)
`8030 NORTH CENTRAL EXI’RESSWAY
`SUITE 1l00 LB 53
`DALLAS. TX 75206I895
`
`INC.
`
`FOR: COMPUTER PROGRAM WHICH PRO-
`VIDES AN APPLICATION TO TRACK COM-
`PUTER ASSETS AND PRINTED INSTRUC-
`
`SN 74-416.885, FILED 7-26-1993.
`
`Prior U.S. C15,: 21, 23, 26, 36, and 38
`Reg. 1’0. 1,959,182
`United States Patent and Trademark Office Registered Feb. 27,1996
`
`BALDEV SARAI. EXAMINING ATTORNEY
`
`

`

`Int. CI.: 9
`
`O
`
`Prior U.S. Cls.: 21, 23, 26, 36, and 38
`
`United States Patent and Trademark Office
`
`Reg. No. 1,935,865
`Registered Nov. 14, 1995
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SOLVEzACCESS
`
`6—15-I993;
`
`IN COMMERCE
`
`STERLING SOFTWARE,
`CORPORATION)
`8080 NORTH CENTRAL EXI’RESSWAY
`SUITE IIOO LB 53
`DALLAS, TX 752061895
`
`INC.
`
`(DELAWARE
`
`PROGRAM SESSION
`FOR: COMPUTER
`MANAGER WHICH ALLOWS A USER AT A
`SINGLE TERMINAL TO OPERATE MORE
`THAN ONE SESSION AT A TIME AND PRINT-
`
`SN 74—4l6.886. FILED 7—26—1993.
`
`ED INSTRUCTIONAL MANUALS. THEREFOR.
`SOLD AS A UNIT .
`IN CLASS 9 (US. CLS, 2|,
`23. 26, 36 AND 38).
`FIRST USE
`6-15—1993.
`
`DALDEV SARAI. EXAMINING ATTORNEY
`
`

`

`SOLVE:Operations
`for MVS
`
`stems automation for less. Now.
`
`Automating IS operations is one of the surest ways to lower
`operational costs and raise the quality of system services. But
`automation projects based on traditional technology often lead
`to large commitments of time and money, and a long wait for a
`clear return on your investment.
`
`BENEFITS
`
`I Can be “up and running in a
`day” using AutoAssist facili
`
`.
`
`Saves time by retaining your
`operations practices as an online
`knowledge base.
`
`Improves IS efficiency by
`automating operations on an
`exception basis.
`
`Eliminates the manual overhead
`
`assmiated With dEfining a
`traditional aummation system
`
`Reduces maintenance costs by
`automatically updating
`automation definitions.
`
`Saves time by learning new
`messages and events,
`automatically building response
`rules.
`
`Reduces the complexity of
`maintaining multiple automation
`regions.
`
`That’s why Sterling Software abandoned tradition when we
`designed SOLVEzCJperationsTM for MVS. Easy to implement
`and simple to use, SOLVEOperations for MVS provides
`powerful features to help you quickly achieve comprehensive
`automated systems management. And SOLVEzOperations helps
`you succeed with far fewer resources and dramatically lower
`ongoing costs. These features include:
`
`Uperatians Management Division
`
`' A rulesvbased desired—state management architecture that’s
`completely code«free.
`
`An operationsaready knowledge base delivered with
`templates and operational methods for a complete range of
`15 resources
`
`An AutoAssist facility to analyze your operation
`automatically and build automation for a system image in
`just a few keystrokes.
`
`Automate to meet your service obligations.
`
`Because service quality is a critical objective, we provide
`SOLVE:Operations for MVS with an intuitive. six—step process
`for aligning IS operations with the business services they support.
`The product’s ServiceView facility allows you to monitor and
`manage resources as elements of a service commitment.
`
`SOLVEOperations delivers more comprehensive automation at
`a lower cost and faster payback than traditional methods. With
`SOLVE:Operations for MVS, your investment in automation
`now makes perfect sense.
`
`

`

`PROBLEM: Even more tedious is the job of defining
`start, stop, and recovery procedures, availability
`windows, and exceptional events to a new
`automation system.
`just as important is the need to
`ensure that actions taken by the automation system
`conform to your standard operational practices.
`
`avoidable outages.
`
`s.
`
`COMMANpa
`MESSAeea
`PROCEDURES
`\\
`
`
`
`
`
`
`
`
`
`
`
`Templates
`
`
`
`\g/
`
`x
`x
`XXXX
`Population
`
`
`
`XX
`x
`
`X X
`X x
`
`
`
`
`
`
`
`
`
`‘KUNBOOK
`ISNOW
`AUTOMATED
`
`1. Use AutoAssist to discover and
`
`define your operations.
`
`2. Use Desired—State Manager to
`automate your run book.
`
`PROBLEM: Defining resources to an automation
`system is tedious and error prone. And the larger
`and more dynamic your operations, the more difficult
`it becomes to keep automation procedures
`synchronized with your live operations environment.
`
`SOLVEd: AuroAssist eliminates the manual burden
`
`of defining and maintaining automation systems.
`AutoAssist discovers active resources and learns your
`operational practices using three major facilities:
`
`‘ Auto Populate takes a snapshot of your live
`operations, and creates automation definitions for
`the active resources it finds.
`
`Express Setup creates a complete system image
`consisting of discovered resources, controlling
`commands, and key message events.
`Resource Message Learning detects and reports
`your deviations from standard messages and
`resources for possible inclusion into your
`automation set.
`
`BENEFITS: SOLVEzOperations eliminates the
`manual overhead and human errors associated with
`
`defining a traditional automation system.
`
`The ongoing cost of maintaining automation
`definitions and responding to operational changes is
`dramatically reduced.
`
`SOLVEd: Using menu selections and a fill’in~thee
`blank approach, you define when each resource must
`be available and how to monitor and manage that
`resource. SOLVEzOperations provides these facilities:
`
`0 Operations Knowledge Base to which you define
`your preferred practices for starting, stopping,
`monitoring, and recovering resources.
`’ Availability Maps that specify the periods when a
`resource must be available, by weekly cycle or
`calendar date.
`
`Desired State Manager which monitors the
`status of resources, and takes action to ensure that
`their actual and desired states match.
`
`BENEFITS: SOLVEOperations retains your
`operations practices as an online knowledge base for
`quick access. Both SOLVE:Operations and your
`operators are acting upon the same knowledge when
`exceptions occur.
`
`In addition, SOLVE:Operations helps ensure quality
`IS service by providing standard responses to
`operational events, accurate execution of
`infrequently used procedures, and reduced risk of
`
`

`

`KNOWLEDGE
`BASE
`
`
`
`
`
`
`I
`
`I
`
`AA
`
`PROBLEM: If you must run multiple systems to
`support all your company’s information needs,
`traditional automation can be a blessing with limits.
`Even if you automate each of those systems, you still
`have multiple islands of automation to manage. And
`your team must keep track of when actions taken in
`one system will affect a service based in another system.
`
`group receives a View relevant only to its role.
`
`3. Link SOLVEzOperations regions
`for centralized control.
`
`4. Create different views for different
`responsibilities.
`
`SOLVEd: SOLVEzOperations provides a unique
`approach to the problem with true peer/to«peer,
`multisystem support. You can network your automation
`regions and manage all resources as a single system,
`from any point in the network. SOLVE:Operations:
`
`Provides a single consolidated
`console that monitors the
`entire automation network.
`
`Moves system images across
`regions for contingency or
`peak load situations.
`Keeps automation databases
`synchronized by propagating
`one region’s updates to all
`linked regions.
`
`BENEFITS: When you’ve linked SOLVE20perations
`regions, you can centralize operations control anywhere
`in the system. Your staff can manage from a single
`console, relying on a single source of operations data
`that is updated automatically throughout your system.
`
`The complexity of maintaining multiple automation
`regions is greatly reduced.
`
`PROBLEM: Traditional automation goes a long way in
`cutting down on the huge amount of information
`spinning across system consoles. But it remains each
`user's responsibility to pick out the particular messages
`pertinent to their needs and ignore the rest.
`
`SOLVEd: When a single View just won’t do, you need
`SOLVEOperations. The product’s codeafree approach
`allows you to define icon displays containing just the
`information appropriate to you, a group, or a
`department. SOLVE:Operations provides a
`comprehensive set of facilities to define and manage
`exception-based operational views:
`
`ResourceView, a dynamically updated display of
`resource health shows the actual state against the
`desired state.
`
`EventView, a centralized alert display that allows
`management by exception.
`Icon definition facility, a coderfree method for
`building graphical views of resource and service
`status.
`
`Drill—down zoom facility, allowing nesting of an
`unlimited number of graphical displays.
`Alert monitor that prompts operator intervention
`and facilitates direct access to the knowledge base.
`Uservdefined filters, to control what is displayed at
`each resource and status monitor.
`
`Consolidated views spanning multiple images,
`allowing you to monitor related resources across
`different images and manage them centrally.
`
`BENEFITS: SOLVEOperations improves efficiency by
`managing on an exception basis. Each operations
`
`

`

`33-1-44-17-64-00
`
`STERLING
`: EUFTWARE
`Uperatiuns Management Divisian
`IBDD Alexander Bell Drlve
`Heston. VA EEDEII
`LISA
`BUD-E47-SIEEI
`http://wwwnrndsterllngmum
`e-mall: umd_lnfn@nmd.sterllng.|:nrn
`
`System requirements
`
`SOLVEzOperations for MVS runs in the IBM MVS
`environment with MVS/XATM or MVS/ESATM with
`either JESZ or JES}.
`
`(C) 1995 Sterling Software, Inc. SOLVEzOperarions is a rrademark of Sterling
`Software, Inc. and is registered in the United Siates and other countriesV All rights
`reserved, including but not limited to rights