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29 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) BI Gateway Server requires the access of any database, Customer must purchase the required access license for each database accessed. (ii) OEM Version of Tableau Software. AVEVA BI Gateway Clients are provided using an OEM version of Tableau software. AVEVA BI Gateway Clients allow connecting to a set of data sources as enabled in the AVEVA BI Gateway Analytics Client only if those data sources are configured in the AVEVA BI Gateway Server software. Standalone use of this OEM version of Tableau software to connect data sources that are not configured in AVEVA BI Gateway Server is strictly prohibited and is a breach of the Agreement. (iii) Licensing Modes. Customer cannot mix the licensing modes for Dashboard Users on the same License Certificate. Access to the Server may either be “Per Named User”, or “Per Server Use”, or “Per Core Use”. 9.7 AVEVA Enterprise Integration. (a) License Restrictions. (i) Use Restrictions. Customer may transfer the Software from one designated Device 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 prior to installing the Software on the second Device, and (ii) the end-user identification information (including the identification and location of the designated Device) contained within the License File remains accurate. AVEVA Enterprise Integration Server is comprised of components in the form of services and .DLLs. Those components may be distributed across more than one Device but only one instance of each component can be installed and active on a Device per AVEVA Enterprise Integration Server license. 9.8 AVEVA Edge. (a) Customer’s license allows Customer to install and use AVEVA Edge Software on a single Device. 9.9 AVEVA InduSoft Web Studio. (a) Customer’s license allows Customer to install and use AVEVA InduSoft Web Studio Software on a single Device. (b) The following provisions apply only if Customer obtained the Software from the Wind River Marketplace: (i) “Wind River Marketplace” means the Wind River Marketplace web application operated by or for Wind River Systems, Inc. (“Wind River”), where Wind River may post and distribute partner products to Wind River Marketplace users. (ii) Subject to Customer’s compliance with its obligations under the Agreement, AVEVA grants to Customer a royalty free, personal, non-transferable, non-exclusive, non-sublicensable, worldwide, limited demonstration license to perform, display, and use the Software and any content contained in, accessed by, or transmitted through the Software for Customer’s internal business use, solely to evaluate the features, functionality and performance of the Software and solely with the Wind River product VxWorks 7. (iii) The following disclaimers on behalf of AVEVA and Wind River are in addition to and not in lieu of the disclaimers set forth in the Agreement: a. THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTIES OF ANY KIND AND AVEVA, FOR ITSELF AND ON BEHALF OF WIND RIVER, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AVEVA, ITS DEALERS, DISTRIBUTORS, OR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES GIVEN IN THE AGREEMENT, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NEITHER AVEVA NOR WIND RIVER WARRANTS THAT THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE IN COMBINATIONS OTHER THAN AS SPECIFIED IN THE DOCUMENTATION, THAT THE OPERATION ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 41 of 51)