Agmt21 E & M Electric and Machinery, Inc.

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26 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) governed by this Agreement on the final release of said Software if and when available from AVEVA by paying to AVEVA the applicable license fee (if any) and obtaining from AVEVA the relevant activation code(s). 6. TOOLKIT SOFTWARE. 6.1 If the Software includes any Toolkit Software, such Toolkit Software may include limited portions in source code (human-readable) form for which modifications are not supported by AVEVA. 7. TRANSFER OF SOFTWARE. The below terms and conditions shall apply to (i) AVEVA InTouch HMI, formerly Wonderware, (ii) AVEVA System Platform, formerly Wonderware, (iii) AVEVA Development Studio, formerly Wonderware, (iv) AVEVA Historian Client, (v) AVEVA Batch Management, (vi) AVEVA Mobile Operator, (vii) AVEVA BI Gateway, (viii) QI Analyst, (ix) SmartGlance Mobile Reports, (x) AVEVA Edge, (xi) AVEVA Recipe Management, (xii) AVEVA Workflow Management, (xiii) AVEVA Manufacturing Execution System, formerly Wonderware, (xiv) AVEVA Telemetry Server Communication Drivers and (xv) AVEVA InduSoft Web Studio: Software Transfer. Customer may transfer the Software from one designated Device or Application Name Space to another for application development or for operation of the Software provided that: (i) the Software (including the License Files) is completely removed from the initial designated Device or Application Name Space prior to installing the Software on the second computer or Application Name Space, and (ii) the end- user identification information (including the identification and location of the designated Device) contained within the License File remains accurate. The Software may only be used on one Device or Application Name Space at a time, and the component parts of the Software may not be separated for use on more than one Device. 8. MULTIPLEXING AND POOLING. The below terms and conditions shall apply to (i) AVEVA System Platform, formerly Wonderware, (ii) QI Analyst, (iii) AVEVA Enterprise Integration, (iv) AVEVA Recipe Management, (v) AVEVA Workflow Management, (vi) AVEVA Batch Management, (vii) AVEVA BI Gateway, and (viii) AVEVA Manufacturing Execution System, formerly Wonderware: Multiplexing and Pooling. Use of software or hardware that reduces the number of users or Seats directly or indirectly accessing or utilizing Server Software (sometimes called “multiplexing” or “pooling” software or hardware) does not reduce the number of CALs or Seats required. The required number of CALs or Seats would equal the number of distinct inputs to the multiplexing or pooling software or hardware “front end”. 9. ADDITIONAL SOFTWARE SPECIFIC TERMS AND CONDITIONS. The below terms and conditions shall apply to the below listed Software in addition to (and not in lieu of) any other terms and conditions set forth in the Agreement. If any terms in this Software Schedule that are not included in this Section 9 conflict with the terms contained in this Section 9, then the conflicting terms in this Section 9 shall govern. 9.1 AVEVA Workflow Management. (a) Software License. (i) If Customer has licensed the Software on a Per Server/Core basis the Software may be installed on a single Server that will be the designated Device under the Agreement. 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). (ii) Alternatively, if access to the Server Software is licensed for use on a Client Connection basis, then each Client Connection can access a single instance of the services of the Server from any Device. (b) Additional Use Restrictions. (i) AVEVA Workflow Management Developer Edition Software Use and Restrictions. ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 38 of 51)