Agmt21 E & M Electric and Machinery, Inc.

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25 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) (a) If the Software is licensed on a Single Facility/Single Device basis, then the Software may only be installed and used on a single Device, which Device must be located at the Facility specified in the applicable Transaction Document. The Single Facility/Single Device license may be subject to further restrictions as set forth in the applicable Transaction Document. 5.10 Enterprise License. If the Software has been licensed on an Enterprise License basis, then the following additional terms and conditions shall apply: (a) If the Software is licensed on an Enterprise License basis, the duration, scope and pricing of such Enterprise License will be determined on a case-by-case basis. An Enterprise License is granted upon Customer’s receipt of a written authorization for such Enterprise License, which must be signed by AVEVA and also countersigned by Customer. Among other things, the signed written authorization will describe the duration, scope and license fees for the Enterprise License and Customer’s Software support commitments under the Enterprise License. 5.11 Site License. If the Software has been licensed on a Site License basis, then the following additional terms and conditions shall apply: (a) If the Software is licensed on a Site License basis, the duration, scope and pricing of such Site License will be determined on a case-by-case basis. A Site License is granted upon Customer’s receipt of a written authorization for such Site License, which must be signed by AVEVA and also countersigned by Customer. Among other things, the signed written authorization will describe the duration, scope and license fees for the Site License and Customer’s Software support commitments under the Site License. 5.12 Facility License. If the Software has been licensed to a specified Facility, then the following additional terms and conditions shall apply: (a) If Customer’s license of the Software is restricted to a specified Facility, then the Software may only be installed at the Facility specified in the applicable Transaction Document. 5.13 Educational license. If Customer wishes to acquire the Software for educational purpose only, please contact AVEVA’s organization or its authorized reseller serving Customer country. In case the Software is identified as an academic or educational software, Customer must be a qualified educational user to be entitled to use said Software; if Customer is not a qualified educational user, Customer has no rights under this Agreement with respect to said academic or educational software. To determine whether Customer is a qualified educational user, please contact AVEVA’s organization or its authorized reseller serving Customer country. Once licensed to use said academic or educational Software, Customer may not sell or transfer any such Software or sub-license Customer license right to use the same to anyone except to another person who is qualified by AVEVA as a qualified educational user. As used in this Agreement, the term ‘person’ shall be broadly interpreted to include without limitation any individual, any corporation, company or other legal entity. 5.14 License for Field-Test / Beta Version. If Customer has acquired a license for field-test / beta version purpose, Customer acknowledges and agrees that the Software licensed to Customer under such license is a pre- release software only. As such, said Software may not be fully functional and Customer assumes the entire risk as to the results and performance of the Software. Customer may install and use the Software licensed to Customer under a field-test / beta version license on computers in Customer’s workplace for the only purpose of testing said Software before it is commercialized by AVEVA and potentially identifying any errors, bugs or defects in said Software. Customer also agrees to use reasonable efforts to provide feedback to AVEVA regarding Customer use of the Software, including a prompt report to AVEVA of errors, bugs or defects that Customer might find. Therefore, notwithstanding anything in this Agreement to the contrary, Customer may not distribute or transfer any applications Customer creates with the Software licensed to Customer under a field-test/beta version license. AVEVA will not update the Software licensed to Customer under a field-test/beta version license, nor will AVEVA provide support in relation thereto. The Software licensed to Customer under a field-test/beta version license may contain code that will, after a certain time period, deactivate the Software and render it unusable. Although said Software may attempt to warn Customer of the time frame in which it will be disabled, Customer acknowledges and agrees that said Software may be deactivated or rendered unusable with or without warning. Upon such deactivation, this Agreement will be considered terminated. Prior to deactivation of the Software Product, Customer may contact AVEVA to convert Customer field-test/beta version license on the Software to a standard license ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 37 of 51)