Agmt21 E & M Electric and Machinery, Inc.

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31 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) upon request to AVEVA. The personal data, if any, collected by Schneider Electric through the Utility is subject to Schneider Electric’s Privacy Policy (located here: https://www.schneider-electric.com/en/about-us/legal/data-privacy.jsp); any personal data received by AVEVA through the Utility is subject to AVEVA's Privacy Policy (located here: https://www.aveva.com/en/Privacy_Policy/). (b) Authorized Applications. (i) For the purpose of the Agreement, ‘Authorized Applications’ shall mean those applications that Customer creates, develops or generates by using the Software (including its programming tool if any) or by loading in such applications, with or without modification, a library of the Software, provided that Customer has validly licensed said Software from AVEVA or its authorized resellers. Authorized Applications include, without this being limitative, applicable runtime engines for the Software and applicable driver interface that Customer may provide to Customer’s own customers as part of or together with Customer’s Authorized Applications. (ii) Notwithstanding the foregoing, any application created with a Pre-Production Release or for demonstration, test or evaluation purposes, is not an Authorized Application. (iii) Customer may distribute or otherwise make available Authorized Applications provided Customer complies with each of the requirements set forth below: a. Customer includes Customer’s own valid copyright notice on Customer’s Authorized Applications; b. Customer does not remove or obscure any notice of copyright, trademark, patent or other industrial or intellectual property rights that appear on the Software Product as delivered to Customer or as may appear concerning the Software in the Authorized Application’s About Box and in any applicable written documentation distributed with each copy of Customer’s Authorized Applications; c. Customer does not use AVEVA’s name, logo or trademarks to market or identify Customer’s Authorized Applications unless Customer is party to a separate agreement with AVEVA giving Customer such rights or AVEVA has given Customer its express prior written consent to do so; d. Customer indemnifies, holds harmless, and defends AVEVA from and against any claims (including based on warranty) or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of Customer’s Authorized Applications, provided however that Customer’s contractual obligation of indemnification shall not extend to the percentage of the claimant’s damages or injuries or the settlement amount attributable to AVEVA’s fault or to strict liability imposed upon AVEVA as a matter of law in any country (on either federal or state level, when applicable); the foregoing obligation of indemnification shall survive the expiry or termination of the Agreement; e. Customer does not permit further redistribution of the Software (including Customer’s modifications thereto) by third parties except as part of Customer’s Authorized Applications; f. Customer concludes Customer’s own license agreement to grant the right to use Customer’s Authorized Applications to any third party; and g. Customer otherwise comply with the terms of the Agreement. (c) Embedding the Software. Customer may embed or otherwise integrate the Software within Customer’s own product or a third-party product, provided that: (i) Customer has validly licensed the Software from AVEVA or its authorized resellers; (ii) Customer performs such embedding or integration in a manner that complies with the Software documentation to the extent said documentation contains any instructions or recommendations in relation therewith; and (iii) Customer complies - with respect to Customer’s own products and said Third-Party Products - with each of the same requirements as set forth hereinabove concerning Authorized Applications; said foregoing requirements shall apply mutatis mutandis to any of Customer’s ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 43 of 51)