Agmt21 E & M Electric and Machinery, Inc.

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28 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) extend Software within the limits of the specific Toolkit License as defined in the License Certificate. Subject to the then-current AVEVA licensing requirements, Customer may further distribute the application created with the Toolkit Software with other third-party users of Software provided that Customer: (i) includes AVEVA’s copyright and other proprietary rights notices; (ii) indemnifies, holds harmless and defends AVEVA and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the I/O servers, Extension Tools, SDK Tools or Customer’s products; (iii) agrees that all such items are provided “AS IS” without warranty of any kind, and (iv) otherwise comply with the terms and limitations of the Agreement. (ii) Remote Desktop Server Edition Technology. If Customer uses Remote Desktop Server Edition or other technology to run two or more instances (copies) of the same Software on a single Server or Device then a separate license must be purchased for each instance (copy) of the Software being run. (iii) Runtime Restriction. If the Software licensed hereunder is for “Runtime” use, then it may only be used to run a specific application, and may not be used either (a) to develop, and/or (b) in conjunction with, new applications, databases, or tables other than those contained in the specific application to which the “Runtime” license relates. This provision does not prohibit Customer from using a tool to run queries or reports from existing tables, or from using a separately licensed development environment to configure or extend such specific application. (iv) AVEVA Development Studio, formerly Wonderware and AVEVA Advanced Development Studio Use and Restrictions. AVEVA Development Studio, formerly Wonderware includes application development tools that are used to develop applications for deployment of the AVEVA System Platform, formerly Wonderware Software, AVEVA InTouch HMI, formerly Wonderware and other AVEVA runtime applications as well as tools to configure AVEVA Historian, formerly Wonderware. AVEVA Development Studio, formerly Wonderware Software is licensed solely on a Per Device basis. The AVEVA Development Studio, formerly Wonderware Software may only be used to develop a specific application, and may not be used to run the application in a production environment except for AVEVA Historian, formerly Wonderware, InTouch Runtime, AVEVA Historian Client, and OI Servers, if located on the same device as the AVEVA Development License. 9.5 AVEVA Manufacturing Execution System, formerly Wonderware. 9.5.1 OPERATIONS. (a) License Restrictions. (i) In addition to any other license restrictions set forth in the Agreement for the Software, Customer’s license of the Software will be limited to the number of Concurrent User logins and the specified Equipment/Segment set forth in the applicable Transaction Document. 9.5.2 PERFORMANCE. (a) License Restrictions. (i) In addition to any other license restrictions set forth in the Agreement for the Software, Customer’s license of the Software will be limited to the number of Concurrent User logins and the specified Equipment/Segment set forth in the applicable Transaction Document. 9.5.3 QUALITY. (a) License Restrictions. (i) In addition to any other license restrictions set forth in the Agreement for the Software, Customer’s license of the Software will be limited to the number of Concurrent User logins and the specified Equipment/Segment set forth in the applicable Transaction Document. 9.6 AVEVA BI Gateway. (a) License Restrictions. (i) AVEVA BI Gateway Server. If the Software licensed by Customer hereunder includes a license for Software known as AVEVA BI Gateway Server, then the Customer’s access to AVEVA BI Gateway Server is limited by Per Server Use. Under Per Server Use, the Customer must purchase an AVEVA BI Gateway Server CAL which limits the number of Devices and/or Users accessing or utilizing the services of AVEVA BI Gateway Server. If Customer’s use of AVEVA ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 40 of 51)