Agmt21 E & M Electric and Machinery, Inc.

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22 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) 2.39 “Reporting Point” means an item that manages how and when data are captured from Customer’s data sources. Client applications retrieve data from the reporting point based upon module selection and filter conditions. 2.40 “Repository” means a logical or physical database or means of grouping and/or storing workflows. 2.41 “Runtime Report” means a discrete report active in the Software. 2.42 “Seats” means the ezXOS, ES stations and non-XOS computers (if any), described in Transaction Document with access to the RealTime Services, Historical Services and applications software installed on the servers forming part of the System. 2.43 “Server” means any Device that hosts Server Software and can be run, accessed, or used by another Device. 2.44 “Server Software” means those components of, or programs in, the Software that provide services on a Device called a Server on which services may be run, accessed or used by another Device. 2.45 “Session Count” means the number of licensed AVEVA-based, Microsoft Remote Desktop Client (RDC) sessions. 2.46 “Site License” means a license model that permits use of specified Software for a number of Customer’s employees at a specific Customer site/physical location. 2.47 “Site(s)” means those locations at which the Software will run or be stored as backup as listed in the Transaction Document. 2.48 “Software Term” means the initial term and any subsequent renewal term(s) for the Software, as set forth in the applicable Transaction Document. 2.49 “Tag” means a representation of an internal or external data value or calculation result. 2.50 “Tag Count” means the number of internal or external data points or calculations resulting from the Tags that are being monitored, processed, or utilized by the Software. 2.51 “Toolkit Software” means Software designated by AVEVA on the Transaction Document and/or License File as a “toolkit” software product and which may include compiled computer code and portions of source code which may be used by Customer to extend the functionality of the Software. 2.52 “Water Flow Rate” means the total water flow rate in cubic meters per hour in the scope of the Aquis Hydraulic model. 2.53 “Wind River Marketplace” shall have the meaning set forth in Section 9.9(b)(i). 2.54 “Wind River” shall have the meaning set forth in Section 9.9(b)(i). 3. ADDITIONAL RESTRICTIONS. 3.1 Copying of License File. Unless specifically authorized in writing by AVEVA, copying of a License File using virtualization technology is prohibited. 3.2 Installation Limitations. The media upon which the Software resides may contain multiple copies of some of the components of the Software, each of which is compatible with different microprocessor architectures or different underlying operating systems. Customer may install the Software for use only with one architecture and one operating system at any given time, consistent with the restrictions in the Agreement (including any License File, License Certificate or Transaction Document). 3.3 Replaced License Restrictions. License Files and/or License Certificates may be replaced for various purposes as agreed to by AVEVA and Customer. A Replaced License must be removed from any Device and its original license file, license CD, and/or License Certificate must be destroyed or archived and clearly marked as “Inactivated” so that it cannot be used. The act of replacement includes but is not limited to: (a) Version Upgrades – when an earlier or lower numbered version license is replaced by a newer or higher numbered version license. For example, a Product X license with version 6.0 is replaced with a Product X license with a version 6.5; (b) Functional Upgrades – when a license with certain Capacity and functionality is replaced by a license with greater Capacity or different functionality. For example, an InTouch 3000 Tag Count license is replaced by an InTouch 60000 Tag Count license; or an AVEVA Historian, formerly Wonderware license is replaced by an AVEVA System Platform, formerly Wonderware license; (c) Lost/Stolen/Failed Keys – when a license key is lost, stolen, or fails and a replacement license key is provided. If a lost/stolen key is found/recovered, it must be destroyed; or, ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 34 of 51)