OPSW Opsware (MM)

Opsware Inc. (NASDAQ:OPSW), the leading provider of IT automation software, understands that the Enforcement Division of the Securities and Exchange Commission ("SEC") has issued a "Wells notice" advising certain individuals related or formerly related to Mercury Interactive Corporation ("Mercury") that the SEC's enforcement staff intends to recommend that the Commission bring enforcement actions against them, following an investigation into stock option and other practices at Mercury. Opsware CFO Sharlene Abrams has informed Opsware that she is among those notified by the SEC, due to her former tenure as Chief Financial Officer of Mercury. The proposed action against Ms. Abrams relates to practices at Mercury involving the timing of stock option grants and the apparent timing of quarter-end shipments and certain expense items and accruals. Although the remedies the SEC might seek are uncertain, they could include an injunction against Ms. Abrams, prohibiting violations of the securities laws, and a bar against Ms. Abrams serving as an officer or director of a public company. The SEC investigation and possible enforcement action do not involve Opsware or Ms. Abrams' actions while at Opsware. Opsware CEO Ben Horowitz stated that the Board of Directors of Opsware has reviewed this matter and does not intend to make any change to Ms. Abrams' status as CFO at this time. Inquiries should be addressed to Ken Tinsley, Opsware's treasurer and director of investor relations, at (408) 212-5241 or IR@Opsware.com. About Opsware Inc. (NASDAQ:OPSW) Opsware Inc. is the world's leading IT automation and utility computing software company. The growth of the Internet is driving a shift from client/server computing to Web architecture. With this shift comes an overwhelming proliferation of servers, network devices and applications, creating massive complexity that makes an automated IT model a necessity. The Opsware System automates the complete IT lifecycle and delivers utility computing by enabling IT to automatically provision, patch, configure, secure, change, scale, audit, recover, consolidate, migrate, and reallocate servers, network devices and applications. Over 350 of the world's largest companies, outsourcers and government agencies use Opsware to deliver this new, automated model of IT. For more information on Opsware Inc., please visit our web site at www.opsware.com. Opsware is a service mark and trademark of Opsware Inc.