Common use of Authorized Applications Clause in Contracts

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 do 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 complies with the terms of the Agreement.

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 do 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 complies comply with the terms of the Agreement.

Authorized Applications. (i) For the purpose of the Agreementthis ▇▇▇▇, ‘Authorized Applications’ shall mean those applications that Customer createsYou create, develops develop or generates generate by using the Software Product (including its programming tool if any) or by loading in such applications, with or without modification, a library of the SoftwareSoftware Product, provided that Customer has You have validly licensed said Software Product from AVEVA ▇▇▇▇▇▇▇▇▇ Electric or its authorized resellers. Authorized Applications include, without this being limitative, applicable runtime engines for the Software Product and applicable driver interface that Customer You may provide to Customer’s Your own customers as part of or together with Customer’s Your Authorized Applications. (ii) . Notwithstanding the foregoing, any application created with the Software Product acquired under a PreField-Production Release Test license (as defined in this ▇▇▇▇) or for demonstration, test or evaluation purposes, is not an Authorized Application. (iii) Customer . As an express deviation to the rights granted to You under a Single User License or a Multiple User License under this ▇▇▇▇, You are authorized to download on a dongle key the Software Product You have previously activated in Your own premises for the purpose of going to and using the Software Product at Your own customers’ premises provided You can evidence that no other means is reasonably available to You to perform the installation or commissioning of Your Authorized Application at the premises of Your own customers. You may distribute or otherwise make available Authorized Applications provided Customer complies You comply with each of the requirements set forth below: a. Customer includes Customer’s (i) You include Your own valid copyright notice on Customer’s Your Authorized Applications;; and b. Customer does (ii) You do 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 You or as may appear concerning the Software Product in the Authorized Application’s 's About Box and in any applicable written documentation printed Documentation distributed with each copy of Customer’s Your Authorized Applications;; and c. Customer (iii) You do not use AVEVA▇▇▇▇▇▇▇▇▇ Electric’s name, logo or trademarks to market or identify Customer’s Your Authorized Applications unless Customer is You are party to a separate agreement with AVEVA ▇▇▇▇▇▇▇▇▇ Electric giving Customer You such rights or AVEVA ▇▇▇▇▇▇▇▇▇ Electric has given Customer You its express prior written consent to do so; d. Customer indemnifies(iv) You indemnify, holds hold harmless, and defends AVEVA defend ▇▇▇▇▇▇▇▇▇ Electric from and against any claims whether based in contract, warranty, tort (including based on warranty) negligence), strict liability, statute or otherwise, including, without limitation, damages for loss of business, loss of profits, business interruption, lawsuits, including attorneys’ ' fees, loss of data, or for any other pecuniary or non-pecuniary loss or damage that arise or result from the use or distribution of Customer’s Your Authorized Applications, provided however that Customer’s Your contractual obligation of indemnification shall not extend to the percentage of the claimant’s damages or injuries or the settlement amount attributable to AVEVA▇▇▇▇▇▇▇▇▇ Electric’s fault or to strict liability imposed upon AVEVA as a matter of ▇▇▇▇▇▇▇▇▇ Electric under applicable 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;this ▇▇▇▇; and e. Customer does (v) You do not permit further redistribution of the Software Product (including Customer’s Your modifications thereto) by third parties parties, except when and as part of Customer’s Your Authorized Applications;; and f. Customer concludes Customer’s (vi) You provide Your customer with Your own license agreement to grant the right to use Customer’s Authorized Applications to Your Authorised Applications, said license agreement being substantially similar to, but no less restrictive in any third partyway, than this ▇▇▇▇; and g. Customer andYou otherwise complies comply with the terms of the Agreementthis ▇▇▇▇.

Authorized Applications. (i) For the purpose of the Agreementthis ▇▇▇▇, ‘Authorized Applications’ shall mean those applications that Customer createsYou create, develops develop or generates generate by using the Software Product (including its programming tool if any) or by loading in such applications, with or without modification, a library of the SoftwareSoftware Product, provided that Customer has You have validly licensed said Software Product from AVEVA ▇▇▇▇▇▇▇▇▇ Electric or its authorized resellers. Authorized Applications include, without this being limitative, applicable runtime engines for the Software Product and applicable driver interface that Customer You may provide to Customer’s Your own customers as part of or together with Customer’s Your Authorized Applications. (ii) . Notwithstanding the foregoing, any application created with the Software Product acquired under a PreField-Production Release Test license (as defined in this ▇▇▇▇) or for demonstration, test or evaluation purposes, is not an Authorized Application. (iii) Customer . As an express deviation to the rights granted to You under a Single User License or a Multiple User License under this ▇▇▇▇, You are authorized to download on a dongle key the Software Product You have previously activated in Your own premises for the purpose of going to and using the Software Product at Your own customers’ premises provided You can evidence that no other mean is reasonably available to You to perform the installation or commissioning of Your Authorized Application at the premises of Your own customers. You may distribute or otherwise make available Authorized Applications provided Customer complies You comply with each of the requirements set forth below: a. Customer includes Customer’s (i) You include Your own valid copyright notice on Customer’s Your Authorized Applications;; and b. Customer does (ii) You do 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 You or as may appear concerning the Software Product in the Authorized Application’s 's About Box and in any applicable written documentation printed Documentation distributed with each copy of Customer’s Your Authorized Applications;; and c. Customer (iii) You do not use AVEVA▇▇▇▇▇▇▇▇▇ Electric’s name, logo or trademarks to market or identify Customer’s Your Authorized Applications unless Customer is You are party to a separate agreement with AVEVA ▇▇▇▇▇▇▇▇▇ Electric giving Customer You such rights or AVEVA ▇▇▇▇▇▇▇▇▇ Electric has given Customer You its express prior written consent to do so; d. Customer indemnifies(iv) You indemnify, holds hold harmless, and defends AVEVA defend ▇▇▇▇▇▇▇▇▇ Electric from and against any claims whether based in contract, warranty, tort (including based on warranty) negligence), strict liability, statute or otherwise, including, without limitation, damages for loss of business, loss of profits, business interruption, lawsuits, including attorneys’ ' fees, loss of data, or for any other pecuniary or non pecuniary loss or damage that arise or result from the use or distribution of Customer’s Your Authorized Applications, provided however that Customer’s Your contractual obligation of indemnification shall not extend to the percentage of the claimant’s damages or injuries or the settlement amount attributable to AVEVA▇▇▇▇▇▇▇▇▇ Electric’s fault or to strict liability imposed upon AVEVA ▇▇▇▇▇▇▇▇▇ Electric 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;this ▇▇▇▇; and e. Customer does (v) You do not permit further redistribution of the Software Product (including Customer’s Your modifications thereto) by third parties except as part of Customer’s Your Authorized Applications;; and f. Customer concludes Customer’s (vi) You provide Your customer with Your own license agreement to grant the right to use Customer’s Authorized Applications to Your Authorised Applications, said license agreement being substantially similar to, but no less restrictive in any third partyway, than this ▇▇▇▇; and g. Customer (vii) You otherwise complies comply with the terms of the Agreementthis ▇▇▇▇.

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 DocuSign Envelope ID: 37564C04-AB7A-4296-99AA-986EA1C63843 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 do 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 complies comply with the terms of the Agreement.

Authorized Applications. (i) For the purpose of the Agreementthis ▇▇▇▇, ‘Authorized Applications’ shall mean those applications that Customer createsYou create, develops develop or generates generate by using the Software Product (including its programming tool if any) or by loading in such applications, with or without modification, a library of the SoftwareSoftware Product, provided that Customer has You have validly licensed said Software Product from AVEVA ▇▇▇▇▇▇▇▇▇ Electric or its authorized resellers. Authorized Applications include, without this being limitative, applicable runtime engines for the Software Product and applicable driver interface that Customer You may provide to Customer’s Your own customers as part of or together with Customer’s Your Authorized Applications. (ii) . Notwithstanding the foregoing, any application created with the Software Product acquired under a PreField-Production Release Test license (as defined in this ▇▇▇▇) or for demonstration, test or evaluation purposes, is not an Authorized Application. (iii) Customer . As an express deviation to the rights granted to You under a Single User License or a Multiple User License under this ▇▇▇▇, You are authorized to download on a dongle key the Software Product You have previously activated in Your own premises for the purpose of going to and using the Software Product at Your own customers’ premises provided You can evidence that no other means is reasonably available to You to perform the installation or commissioning of Your Authorized Application at the premises of Your own customers. You may distribute or otherwise make available Authorized Applications provided Customer complies You comply with each of the requirements set forth below: a. Customer includes Customer’s (i) You include Your own valid copyright notice on Customer’s Your Authorized Applications;; and b. Customer does (ii) You do 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 You or as may appear concerning the Software Product in the Authorized Application’s 's About Box and in any applicable written documentation printed Documentation distributed with each copy of Customer’s Your Authorized Applications;; and c. Customer (iii) You do not use AVEVA▇▇▇▇▇▇▇▇▇ Electric’s name, logo or trademarks to market or identify Customer’s Your Authorized Applications unless Customer is You are party to a separate agreement with AVEVA ▇▇▇▇▇▇▇▇▇ Electric giving Customer You such rights or AVEVA ▇▇▇▇▇▇▇▇▇ Electric has given Customer You its express prior written consent to do so; d. Customer indemnifies(iv) You indemnify, holds hold harmless, and defends AVEVA defend ▇▇▇▇▇▇▇▇▇ Electric from and against any claims whether based in contract, warranty, tort (including based on warranty) negligence), strict liability, statute or otherwise, including, without limitation, damages for loss of business, loss of profits, business interruption, lawsuits, including attorneys’ ' fees, loss of data, or for any other pecuniary or non-pecuniary loss or damage that arise or result from the use or distribution of Customer’s Your Authorized Applications, provided however that Customer’s Your contractual obligation of indemnification shall not extend to the percentage of the claimant’s damages or injuries or the settlement amount attributable to AVEVA▇▇▇▇▇▇▇▇▇ Electric’s fault or to strict liability imposed upon AVEVA as a matter of ▇▇▇▇▇▇▇▇▇ Electric under applicable 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;this ▇▇▇▇; and e. Customer does (v) You do not permit further redistribution of the Software Product (including Customer’s Your modifications thereto) by third parties parties, except when and as part of Customer’s Your Authorized Applications;; and f. Customer concludes Customer’s (vi) You provide Your customer with Your own license agreement to grant the right to use Customer’s Authorized Applications to Your Authorised Applications, said license agreement being substantially similar to, but no less restrictive in any third partyway, than this ▇▇▇▇; and g. Customer (vii) You otherwise complies comply with the terms of the Agreementthis ▇▇▇▇.

Authorized Applications. (i) For the purpose of the Agreementthis ▇▇▇▇, ‘Authorized Applications’ shall mean those applications that Customer createsYou create, develops develop or generates generate 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 You have 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 You may provide to Customer’s Your own customers as part of or together with Customer’s Your Authorized Applications. (iii) 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 You include Your own valid copyright notice on Customer’s Your Authorized Applications;; and b. Customer does (ii) You do 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 You or as may appear concerning the Software in the Authorized Application’s 's About Box and in any applicable written documentation distributed with each copy of Customer’s Your Authorized Applications;; and c. Customer (iii) You do not use AVEVA’s name, logo or trademarks to market or identify Customer’s Your Authorized Applications unless Customer is You are party to a separate agreement with AVEVA giving Customer You such rights or AVEVA has given Customer You its express prior written consent to do so; d. Customer indemnifies(iv) You indemnify, holds hold harmless, and defends defend 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 Your Authorized Applications, provided however that Customer’s Your 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;this ▇▇▇▇; and e. Customer does (v) You do not permit further redistribution of the Software (including Customer’s Your modifications thereto) by third parties except as part of Customer’s Your Authorized Applications;; and f. Customer concludes Customer’s (vi) You conclude Your own license agreement to grant the right to use Customer’s Authorized Your Authorised Applications to any third party; and g. Customer (vii) You otherwise complies comply with the terms of the Agreementthis ▇▇▇▇.