Agmt21 E & M Electric and Machinery, Inc.

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33 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) 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 complies with the terms of the Agreement. 9.12 AVEVA Energy Performance. (a) Modification Restrictions. (i) In addition to any other license restrictions set forth in the Agreement for the Software, Customer may not modify the predefined AVEVA Energy Performance Intelligence Model unless the license for the Software is specified as an Open Intelligence Model in the applicable Transaction Document. If the license model for the Software is specified as an Open Intelligence Model, then any modification of the predefined AVEVA Energy Performance Intelligence Model will be limited to the addition of more dimensions and measures. 9.13 AVEVA Water Network Management. (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 subject to the limitation on the Water Flow Rate as set forth in the applicable Transaction Document. 9.14 AVEVA Performance Manager. (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 users and the number of Tags that include Key Performance Indicators (“KPI”) and/or Key Operating Parameters (“KOP”) and/or Data Acquisition Points and set forth in the applicable Transaction Document, along with any limitations on the number of KPIs as defined in the KPI Manager, the number of cases defined in the decision manager, and/or the number of modeled applications that are unified in the operational data management model. (ii) Customer agrees and acknowledges that any domain applications that are loaded with the Software will only be applied to one licensed AVEVA Performance Manager installation, either on a single server or in distributed environment. 9.15 AVEVA Line 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. 9.16 AVEVA Discrete Lean Management. (a) Software License. (i) Line Count License Grant. The software is licensed according to the Line count. The maximum amount of Line that customer may capture information about according to established functional requirements is limited to the number of Line specified for the Software licensed under the Agreement as specified in the License File, Transaction Document or License Certificate. (b) 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 Site set forth in the applicable Transaction Document. 9.17 AVEVA Telemetry Server Communication Drivers. (a) Software License. (i) The set of AVEVA Telemetry Server Communication Drivers are a single node licensed software offering. A license is required for every node that the customer installs and runs an instance of Telemetry Server. ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 45 of 51)