Agmt21 E & M Electric and Machinery, Inc.

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34 AVEVA Clickwrap EULA PO APM MC (Excluding Process Optimization and Unified Supply Chain)-v4.6-14 July 2020 (JS) 9.18 AVEVA Enterprise SCADA. (a) Software License. (i) Customer’s license allows Customer to install and use AVEVA Enterprise SCADA Software solely on the System described in the Transaction Document for Customer’s ordinary internal business, under the terms and conditions herein. (ii) 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 computers or work stations set forth in the applicable Transaction Document. (b) License Restrictions. (i) Customer shall not copy the Software except to copy it onto the System and to make copies solely for backup purposes (with the inclusion of AVEVA’s copyright and/or proprietary notice). However, Customer may make copies of the documentation provided to Customer by AVEVA with the Software provided that such copies are for internal use only and include all of AVEVA’s copyright and/or proprietary notices. Customer shall keep accurate records of the number and location of each copy and shall ensure that no copies of the Software are removed to anywhere other than a Site. (ii) This License granted by AVEVA to Customer is a network license. AVEVA’s RealTime Services and Historical Services software will be installed on servers forming part of Customer’s System in the configuration as shown in Transaction Document (i.e. single, Dual Redundant or Triple Redundant). The RealTime Services, Historical Services and application Software may be accessed by the number of Seats specified in Transaction Document. (iii) Customer shall have the right to transfer, with AVEVA’s prior written consent (such consent not to be unreasonably withheld), use of the Software to a location other than a Site by sending prior written notice of the new location. Once such transfer has been made, the new location shall become included in the definition of “Site(s)”. Customer shall have the right to use the Software without charge or prior consent at another location on a temporary basis if computer equipment at any Site becomes inoperative. Once the equipment at the original Site becomes operational, then Customer shall promptly return the Software to the original Site and shall discontinue use elsewhere. (iv) Customer shall not use the Software for acquisition or processing of data on behalf of any Third Party outside permitted Customer’s ordinary internal business use without the consent of AVEVA. 9.19 AVEVA Commercial Advisor. (a) Software License. (i) Customer’s license allows Customer and its Affiliates to use AVEVA Commercial Advisor Software solely on the System described in the Transaction Document for Customer’s ordinary internal business, under the terms and conditions herein. (ii) 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 computers or work stations set forth in the applicable Transaction Document. (b) License Restrictions. (i) Customer shall not copy the Software except to copy it onto the System and to make copies solely for backup purposes (with the inclusion of AVEVA’s copyright and/or proprietary notice). However, Customer may make copies of the documentation provided to Customer by AVEVA with the Software provided that such copies are for internal use only and include all of AVEVA’s copyright and/or proprietary notices. Customer shall keep accurate records of the number and location of each copy and shall ensure that no copies of the Software are removed to anywhere other than a Site. (ii) Customer shall have the right to transfer, with AVEVA’s prior written consent (such consent not to be unreasonably withheld), use of the Software to a location other than a Site by sending prior written notice of the new location. Once such transfer has been made, the new location shall become included in the definition of “Site(s)”. Customer shall have the right to use the Software without charge or prior consent at another location on a temporary basis if computer ATTY/AGR.2021.312/E&M Electric and Machinery, Inc. (AVEVA Wonderware Flex Subscription) (Page 46 of 51)