Agmt21 E & M Electric and Machinery, Inc.

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24 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) Device will require multiple CALs if the Device accesses or utilizes, directly or indirectly, concurrent sessions of the Server Software. 5.3 Per Named User Basis. If the Server Software has been licensed on a Per Named User basis, then the following additional terms and conditions shall apply: (a) If the Server Software is licensed on a Per Named User basis, then the allocation and identification of the individual Named User must be maintained by Customer on file at Customer’s location for a minimum of thirty (30) days before the allocation and identification of the Named User can be moved or transferred to a different, separate and unique individual. The identified Named User may activate only one instance of the services of a Server from any Device at any location at any given point in time with each Named User CAL purchased. Multiple simultaneous instance activations of the services of a Server by a Named User requires an equal multiple number of Named User CALs. (b) CALs authorize access or use of only the specific Server Software associated with such CAL. 5.4 Per Server Use Basis. If the Server Software has been licensed on a Per Server Use basis, then the following additional terms and conditions shall apply: (a) If the Server Software is licensed on a Per Server Use basis, then the maximum number of Devices that may access or utilize the services of the Server Software at a given point in time is equal to the number of Device CALs that have been purchased and designated for use for each Device with that Server. For the avoidance of doubt, one Device will require multiple CALs if the Device accesses or utilizes, directly or indirectly, concurrent sessions of the services of the Server Software. CALs authorize access or use of only the specific Server Software associated with such CAL. If any Software is licensed on a Per Server Use basis, and accesses any database or data source, then Customer must purchase the required access license for each database or data source accessed. Failure of Customer to purchase the required database or data source license is a material breach of the Agreement. 5.5 Per Processor Use Basis. If the Server Software has been licensed on a Per Processor Use basis, then the following additional terms and conditions shall apply: (a) If the Server Software is licensed on a Per Processor Use basis, then for each processor residing on the Server, a separate Per Processor use license must be purchased. A Per Processor license will allow an unlimited number of Devices to accesses the services of the Server running the Server Software as long as a Per Processor license has been purchased, pursuant to the Transaction Document, License File, or License Certificate, for each processor running on the Server. 5.6 Per Session Count Use Basis. If the Software has been licensed on a Per Session Count Use basis, then the following additional terms and conditions shall apply: (a) If the Software is licensed on a Per Session Count Use basis, then 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 Sessions specified in the License File. For the avoidance of doubt, one Device will require multiple sessions (and corresponding licenses) if the Device accesses or utilizes, directly or indirectly, concurrent sessions of the services of the Server Software. 5.7 Per Core Use Basis. If the Server Software has been licensed on a Per Core Use basis, then the following additional terms and conditions shall apply: (a) If the Server Software is licensed on a Per Core Use basis, then for each processor residing on the Server, a separate Per Core use license must be purchased. A Per Core license will allow an unlimited number of Devices to access the services of the Server running the Server Software as long as a Per Core license has been purchased, pursuant to the Transaction Document, License File, or License Certificate, for each core running on the Server. 5.8 Runtime Report Basis. If the Software has been licensed on a Runtime Report basis, then the following additional terms and conditions shall apply: (a) If the Software is licensed on a Runtime Report basis, the maximum number of Runtime Reports utilized by Customer per Server is limited to the Runtime Report count for the Software as specified in the License File, Transaction Document or License Certificate. 5.9 Single Facility/Single Device Basis. If the Software has been licensed on a Single Facility/Single Device basis, then the following additional terms and condition apply: ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 36 of 51)