Agmt21 E & M Electric and Machinery, Inc.

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23 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) (d) Keyed License to Keyless License – when a license file locked to a hardware key/dongle is replaced by a license file only or visa-versa. 3.4 OI Gateway Software Restrictions. OI Gateway Software is an application that acts as a communications protocol converter in a single computer. OI Gateway Software may be licensed to Customer under the Agreement without a separate License File or License Certificate to link AVEVA application software to clients and data sources that communicate using the following protocols: OPC (OLE for Process Control), SuiteLink, DDE/FastDDE, as well as AVEVA System Platform, formerly Wonderware and InTouch data sources. If licensed to Customer, OI Gateway Software can be used in conjunction with AVEVA software products. Use of OI Gateway Software solely with non-AVEVA products is prohibited. 3.5 Application Program Interface License. If any Software contains or is provided with an application program interface and Customer is expressly permitted to utilize such application program interface with other software, applications, or other interfaces pursuant to the Agreement (e.g., with AVEVA’s prior written consent or if expressly permitted by the Documentation), then Customer’s use of such application program interface with such other software, applications, or other interfaces shall require Customer to obtain from AVEVA a separate license (e.g., the appropriate CAL or Client Connection) for such usage of the application program interface. 3.6 AVEVA Trademarks. Unless otherwise expressly stated in this Agreement, AVEVA retains all goodwill in and Customer has no rights in any trademark owned by AVEVA, whether registered or unregistered, including but not limited to the following: AVEVA, the AVEVA logo, Wonderware and InTouch. A list of AVEVA trademarks can be found at https://sw.aveva.com/legal/trademarks 4. VERSION LIMITATIONS. The Software, and various components thereof, contain certain version numbers (such as version “6.5”). The Agreement permits Customer to install one copy of the Software, whereas (i) some Software may allow the same version number as the Software version number listed on the Transaction Document (or in an Update that is part of the Software licensed) on the number of computers authorized hereunder (for example, if the version number listed for a particular component of the Software is “6.5”, then Customer may install a copy of that component of the Software having a “6.5” version number, but not a “6.6” version number), and (ii) some Software may allow the same or lower version number as the Software version number listed on the License File or Transaction Document (or in an Update that is part of the Software licensed) on the number of computers authorized under the Agreement (for example, if the version number listed for a particular component of the Software is “6.5”, then Customer may install a copy of that component of the Software having a “6.5” or “6.0” version number, but not a “6.6” version number). 5. ADDITIONAL LICENSE PROVISIONS. 5.1 Per Server/Concurrent Use Basis. If the Software has been licensed on a Per Server/Concurrent Use basis, then the following additional terms and conditions shall apply: (a) If Customer has licensed the Software on a Per Server/Concurrent Use basis, then the Software may be installed on a single Server that will be the designated Device under the Agreement, and the maximum number of Devices that may access or utilize the services of the Server Software at a given point in time is limited by the number of concurrent sessions specified in the License File. The services of the Server Software are considered to be accessed or utilized when there is a direct or indirect connection between a Device and the Server Software running on the Server (regardless whether the Server Software is accessed or utilized using the Device Software, Third-Party Products or an application developed by Customer). For the avoidance of doubt, one Device will require multiple concurrent sessions (and corresponding licenses) if the Device accesses or utilizes, directly or indirectly, concurrent sessions of the services of the Server Software. 5.2 Per Device Use Basis. If the Server Software has been licensed on a Per Device Use basis, then the following additional terms and conditions shall apply: (a) If the Server Software is licensed on a Per Device Use basis, then a separate CAL must be purchased for each specific Device that accesses or utilizes Server Software (which may access or utilize the services of the Server Software on any number of Servers running the Server Software) and each Per Device CAL must be dedicated to a single Device. For the avoidance of doubt, one ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 35 of 51)