Agmt21 E & M Electric and Machinery, Inc.

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21 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) 2.19 “Fixed Intelligence Model” means the predefined Energy Performance Intelligence Model is not permitted to be modified. 2.20 “I/O Count” means the maximum number of unique external data points that the Software is licensed to monitor at any given time. 2.21 “Intelligence Model” means the collection of data sources, dimensions, and measures objects, which defined how source data will be transformed into Intelligence Data Store. 2.22 “License Certificate” means a document included with the Software that may provide, among other things, specific information regarding Capacity, name of specified licensee and location where the Software is licensed for use, Device identification and Named Users (as applicable). 2.23 “License File” means a component of the Software that enables one or more components of the Software (for example, authorization keys) and may also specify, as applicable, (a) the location of the designated Device(s), (b) the Named User(s), (c) the Intelligence Model, (d) the location for authorized use of the Software or of the users, and (e) the Customer. The License File may also specify the Capacity for the Software. Certain components of the Software may be licensed under the Agreement without a License File. If a License File is used, Customer’s license of the Software will be subject to any restrictions set forth in the License File. 2.24 “License Key” means the software key code or a hardware key that is provided with the software product. 2.25 “Megawatt Unit” means a unit of electrical power equal to one million watts. 2.26 “Named Device” means a specified, individual Device. 2.27 “Named User” means a specified, individual person and is unique to the individual. A Named User is not a particular logon name, a group, an organization, part of a company or organization, or any other non-person entity. 2.28 “Open Intelligence Model” means the predefined Energy Performance Intelligence Model is open for modification to bring in more dimensions and measures. 2.29 “Per Core Use” means Server Software licensing wherein a separate license is required for each core that resides on a single Server. 2.30 “Per Device Use”, also called “Per Seat Use” means Device licensing as specified in the Transaction Document, License File, or License Certificate wherein a Device is licensed to access or utilizes the services of the Server Software on an unlimited number of Servers running the Server Software. Customer must purchase a Per Device (“Per Seat”) License for each Device licensed for Per Device Use. This type of license is installed locally on the Device. 2.31 “Per Named Device” means Server Software licensed wherein one Named Device is licensed to access or utilize the services of the Server Software on an unlimited number of Servers running the Server Software. 2.32 “Per Named User” means Server Software licensed wherein one Named User using any Device is licensed to access or utilizes the services of the Server Software on an unlimited number of Servers running the Server Software. 2.33 “Per Server Use”, also called “concurrent use”, means Software licensing wherein the Software may be installed on an unlimited number of Devices provided however that the number of Devices utilizing the services of the Software residing on a single Server is limited by the number of Per Server access licenses purchased as defined in the Transaction Document, License File, or License Certificate. 2.34 “Per Session Count Use” means Server licensing used in a Remote Desktop Server Edition technology environment wherein the number of Devices accessing or utilizing the services of the Software residing on a single Server at a given point in time is limited by the number of Sessions specified in the license purchased as defined in the Transaction Document, License File, or License Certificate. Per Session Count Use applies to Remote Desktop Server Edition technology. 2.35 “Platform” means Software that is required in order for a Device to operate with Application Server Software. 2.36 “Platform Count” means the number of Devices which are licensed to host the “Platform”. 2.37 “Power Generation Unit” means a group of equipment converting mechanical or renewable energy into a rated capacity of electric energy (electricity) as per design standards. 2.38 “Replaced License” means a License File and/or License Certificate that has been replaced or superseded by another License File and/or License Certificate for the purpose of direct substitution. ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 33 of 51)