ETAP LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY:

A. NOTICE. IF YOU (AS DEFINED BELOW) HAVE PREVIOUSLY EXECUTED A LICENSE

AGREEMENT (“PRE-EXISTING AGREEMENT”) WITH THE LICENSOR (AS DEFINED
BELOW) FOR THE SOFTWARE KNOWN AS “ELECTRICAL TRANSIENT ANALYZER
PROGRAM,” AND TO THE EXTENT THAT THE PRE-EXISTING AGREEMENT CONFLICTS
WITH THE TERMS OF THIS AGREEMENT, THE PRE-EXISTING AGREEMENT SHALL
GOVERN YOUR RIGHTS AND OBLIGATIONS WITH REGARD TO THE PORTION(S) OF
SUCH SOFTWARE BEING INSTALLED AT THIS TIME AND THE ETAP LICENSE
AGREEMENT THAT FOLLOWS SHALL NOT GOVERN YOUR USE OF THE SOFTWARE
REGARDLESS OF YOUR ACCEPTANCE OF THIS AGREEMENT BY CLICKING “ACCEPT”
BELOW. HOWEVER, ANY TERMS OF THIS AGREEMENT WHICH DO NOT CONFLICT WITH
THE PRE-EXISTING AGREEMENT WILL APPLY AND GOVERN YOUR USE OF THE
SOFTWARE AND BY INSTALLING, ACCESSING, OR USING THE SOFTWARE YOU AGREE
THAT SAME IS SUFFICIENT TO SATISFY THE “WRITTEN CONSENT” REQUIREMENT
WITH REGARD TO ANY AMENDMENT/MODIFICATION OF THE PRE-EXISTING
AGREEMENT. YOU (“LICENSEE” AS DEFINED BELOW) MUST READ THIS ETAP LICENSE
AGREEMENT CAREFULLY BEFORE INSTALLING, ACCESSING, OR USING THE SUBJECT
SOFTWARE, AS DEFINED IN THE AGREEMENT BELOW. BY CLICKING THE “ACCEPT”
BUTTON BELOW, (A) YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND
CONDITIONS STATED IN THE ETAP LICENSE AGREEMENT BELOW ON BEHALF OF THE
ENTITY FOR WHICH YOU ARE AUTHORIZED TO ACT (E.G., AN EMPLOYER OR
PRINCIPAL) AND ACKNOWLEDGE THAT SUCH ENTITY IS LEGALLY BOUND BY THIS
AGREEMENT, OR IF THERE IS NO SUCH ENTITY FOR WHICH YOU ARE AUTHORIZED TO
ACT, YOU ACCEPT THIS AGREEMENT ON BEHALF OF YOURSELF AS AN INDIVIDUAL
AND ACKNOWLEDGE THAT YOU ARE LEGALLY BOUND BY THIS AGREEMENT, AND (B)
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND
AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH ENTITY (IF ANY) OR YOURSELF.

IF YOU ARE NOT AUTHORIZED TO ENTER INTO THE AGREEMENT BELOW, OR IF YOU
DO NOT CLICK “ACCEPT” BELOW, THEN YOU MUST CLICK ON THE “CANCEL” BUTTON
BELOW, YOU MUST NOT INSTALL, ACCESS, COPY OR USE ANY PART OF THE
SOFTWARE AND YOU MUST RETURN THE SOFTWARE AND ACCOMPANYING
DOCUMENTATION TO LICENSOR.
 
B. Definitions. As used in this Software License Agreement, the following terms are defined as follows
and other defined terms shall have the meaning ascribed to them in this Software License Agreement:

1. “Agreement” means this ETAP License Agreement.

2. “Licensee” means the individual or entity as defined in the purchase orders or other similar
purchase documentation that is specifically granted the right to use the Software under this
Agreement.

3. “Licensor” means Operation Technology, Inc.

Effective 3/22/2017 ETAP 16.1 Page 1

 4. “Portion” means parts of the computer program in object code provided access to by Licensor to
Licensee and expressly and specifically identified in purchase orders or other similar
documentation, which purchase orders or other similar documentation may be dated either prior to
or after the date of this Agreement.

5. “Software” means the computer programs in object code as well as Security Key(s), Computer
user Guide and other printed or electronic supporting materials provided by Licensor to Licensee
in relation to the computer program known as “Electrical Transient Analyzer Program” or ETAP.

6. “You” means the Licensee.

GENERAL TERMS AND CONDITIONS

This ETAP License Agreement (the “Agreement”), effective as of the date You accept the terms hereof
(unless returned as specified above or in the case of the existence of a Pre-Existing Agreement) (the
“Effective Date”), is entered into between Licensor and Licensee. The parties agree as follows:

1. License Grant. Licensor does hereby grant a nontransferable and nonexclusive right to Licensee
to use Portions of the Software entitled “Electrical Transient Analyzer Program” (ETAP), under the Terms
stated in this Agreement, for that number of Licenses used by the Licensee or Licensee’s employees and
authorized users by any means such as computers, processors, servers, terminals and other computer
equipment (“Physical Machines”) or software-based or cloud-based virtual servers, computers and
processors (“Virtual Machines”) equal to or less than the number of licenses purchased by Licensee
(pursuant to relevant purchase orders or other similar documentation). For example, if Licensee has
purchased four (4) licenses, Licensee may only access or use the Software on a total of four (4) Physical
Machines and/or Virtual Machines at any one time. The Software may not, under any circumstances, be
used in any manner not specifically permitted by the type of license purchased (as defined in Section 12
below and pursuant to relevant purchase orders or other similar documentation) including, but not limited
to, use on any network, cloud and/or virtual machine application, even if such use is technologically
possible. The Software is not licensed for commercial hosting. Any use of the Software in a manner
inconsistent with the terms of this license grant and Agreement shall be deemed a breach of the terms of
this Agreement and shall constitute a breach or and termination of this Agreement. Unless agreed by the
Parties in writing otherwise, this Agreement shall apply to all Portions of Software provided by Licensor
to Licensee at any time.

If Licensee becomes aware, at any point in time, that its use of the Software on Physical and/or Virtual
Machines exceeds the number of licenses Licensee has purchased, Licensee is required to immediately stop
such unauthorized use and notify Licensor of such unauthorized use.

2. Ownership of Intellectual Property Rights. Except as expressly stated in this Agreement,

Licensor owns and shall retain full ownership of all of the Intellectual Property rights (including but not
limited to all copyrights) in and to the Software.

3. Ownership of Title to Software. Except as expressly provided for in this Agreement, title and
full ownership of the Software shall at all times remain with Licensor. Except as expressly stated in this
Agreement with regard to certain documentation provided by Licensor to Licensee, Licensee shall have no
title to the Software. Licensee acknowledges that Licensor retains all Intellectual Property rights, title, and
interest in the Software, including without limitation all source code, object code, machine code,

Effective 3/22/2017 ETAP 16.1 Page 2

commentaries and supporting materials. Licensee hereby agrees not to re-sell trade or otherwise make the
Software available to any third person or entity.

4. Trade Secrets. Methods of computation, computer coding and other processes and information
contained or implemented in the Software shall be considered to be Licensor’s trade secrets and are highly
confidential. Licensee shall not undertake to disassemble, decompile, or reverse engineer any such trade
secrets and shall not disclose them to any third party. Licensee shall not write or develop any software
program based upon the Software received from Licensor, or any part thereof.

5. Privacy. Licensee acknowledges and agrees that Licensee (and third parties acting on Licensee’s
behalf) may provide, and Licensor may obtain, certain information and data with respect to Licensee
(including, without limitation, personal information) and Licensee’s use of the Software in connection with
this Agreement, including, without limitation, information and data provided to or obtained by Licensor
through forms completed during the use of the Software and/or through other automated means, in
connection with registration, activation, updating, use, validating entitlement to, and management of the
relationship with Licensee. Such information may include, without limitation, personal information and
other identifying information related to the Software and/or the user or domain from which the Software is
being used. Licensee hereby consents to Licensor maintaining, using, storing and disclosing such
information and data (including, without limitation, personal information, if any) in conformity with
Licensor’s policies on privacy and data protection, as such policies may be updated from time to time,
including without limitation Licensor’s Privacy Policy, as currently located at https://etap.com/privacy-
policy. Without limitation of the generality of the foregoing, Licensee acknowledges and agrees that: (a)
Licensor may provide information and data, including, without limitation, information and data about
Licensee’s use of the Software, to Licensor subsidiaries and affiliates, Resellers and other third parties in
connection with the provision, maintenance, administration or usage of Software or in connection with
enforcement of any agreements relating to the Software; and (b) Licensor may make cross-border transfers
of such information and data, including to jurisdictions with privacy or data protection laws that are less
protective of Licensee than the jurisdiction in which Licensee is domiciled. Licensee acknowledges and
agrees that such policies may be changed from time to time by Licensor and that, effective upon posting on
Licensor’s website or other written notice from Licensor, Licensee will be subject to such changes.

6. Copies. Licensee shall have the right to make copies of any documentation accompanying the
Software code (but not the code itself) for Licensee’s use only consistent with the terms and conditions of
this Agreement. Any reproduction of such documentation shall include a copyright notice attributing all
copyrights to Licensor.

7. ASSUMPTION OF RISK. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE,

AND CORRECTNESS OF RESULTS OF THE SOFTWARE LIES WITH LICENSEE. LICENSEE
AGREES THAT LICENSOR AND ITS OFFICERS, EMPLOYEES, OR REPRESENTATIVES SHALL
HAVE NO DIRECT, INDIRECT, OR SPECIAL OBLIGATIONS OR LIABILITIES IN CONNECTION
WITH THE USE AND OPERATION OF THE SOFTWARE. FURTHERMORE, LICENSOR AND ITS
OFFICERS, EMPLOYEES, REPRESENTATIVES, OR OTHER AGENTS OF LICENSOR SHALL BE
HELD HARMLESS FROM ANY CLAIMS, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR
LEGAL PROCEEDINGS ARISING OUT OF USAGE AND/OR PERFORMANCE OF THE
SOFTWARE OR OTHER SUPPORTING MATERIALS.

8. NO WARRANTIES. THE ENTIRE RESPONSIBILITY AS TO THE APPLICATION OF

THE SOFTWARE IS WITH THE LICENSEE. EXCEPT AS EXPRESSLY STATED
OTHERWISE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT ALLOWED BY LAW,
LICENSOR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF

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DEALING OR USAGE OF TRADE, WARRANTIES OF TITLE OR AGAINST INFRINGEMENT,
AND ANY WARRANTIES THAT MIGHT OTHERWISE BY DEEMED TO ARISE FROM THE
USE OF THE SOFTWARE, OR PORTIONS THEREOF, OR FROM ANY OF LICENSOR’S
DOCUMENTATION OR FROM ANY MATERIALS OR SERVICES FURNISHED OR
PROVIDED TO LICENSEE UNDER THIS AGREEMENT.

9. Indemnification. Licensee shall indemnify and hold harmless Licensor against any costs, fees or
damages arising out of any claim by a third party in connection with Licensee’s use of the Software.

10. DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,
INDIRECT OR PUNITIVE LOSS, DAMAGE OR EXPENSES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST GOOD WILL,
BUSINESS INTERRUPTION, LOST BUSINESS, LOST SAVINGS, LOST OPPORTUNITY, LOST
DATA, OR DELAYS IN PERFORMANCE), EVEN IF IT HAS BEEN ADVISED OF THE
LIKELIHOOD THEREOF AND REGARDLESS OF WHETHER SOUGHT IN ANY ACTION AT LAW
OR IN EQUITY AND REGARDLESS OF WHETHER BROUGHT AS A CONTRACT ACTION, TORT,
STRICT LIABILITY, STATUTORY CLAIM, OR OTHERWISE.

11. LIMITATION OF DAMAGES. IN NO EVENT SHALL LICENSOR’S CUMULATIVE

LIABILITY TO LICENSEE UNDER THIS AGREEMENT OR RELATED CLAIMS, INCLUDING ANY
FUTURE MODIFICATION OR EXTENSION OF THIS AGREEMENT, EXCEED THE AMOUNT
PAID BY LICENSEE UNDER THIS AGREEMENT TO LICENSOR WITHIN THE TWELVE (12)
MONTHS PRIOR TO THE EVENT, ACTION, OR CIRCUMSTANCES GIVING RISE TO THE
LIABILITY OR, IF THERE ARE MULTIPLE EVENTS, ACTIONS OR CIRCUMSTANCES GIVING
RISE TO SUCH LIABILITY, THE MAXIMUM CUMULATIVE AMOUNT PAID BY LICENSEE
UNDER THIS AGREEMENT TO LICENSOR IN ANY CONSECUTIVE PERIOD OF THREE (3)
YEARS.

12. Access Key.

a. The Software may be provided with a USB Socket (part number 1600), hereafter referred to as
Security Key. The Security Key is thoroughly tested before shipment, but if the Security Key should prove
to be defective or is damaged, the Security Key can be replaced by returning the defective Security Key to
the Licensor for replacement. However, the Security Key cannot be replaced if it is lost or stolen.

b. The Software may be licensed utilizing a Keyless License Manager, hereafter referred to as
“Keyless License”. The Keyless License will not be replaced if the server upon which the Keyless License
is installed becomes inaccessible or unable to uninstall the Keyless License for any reason. Licensee will
lose access to the Software and will be required to purchase a new licensed copy of the Software as a
replacement.

13. License Type. The Software can be licensed as a Single, Site, or Corporate License with stand-
alone or concurrent-user (Network-LAN or -WAN) configurations. The license type and capabilities shall
be as defined in the purchase documentation between Licensee and Licensor.

a. A Single License is defined as: A single copy of the Software for use with a single Security Key
on a single CPU (Central Processor Unit) which is either wholly-owned or leased and operated by
Licensee and is located on the specified premises of Licensee.

b. A Site License is defined as: Multiple copies of the Software for use on multiple CPU’s which are
either wholly-owned or leased and operated by Licensee and located at one specified location of
Licensee. With the purchase of a Site License, Licensee has the right to purchase unlimited copies

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 at a substantially discounted price (per copy fee) for a single location. WAN copies cannot be
purchased under the Site License.

c. A Corporate License is defined as: Multiple copies of the Software for use on multiple CPU’s
which are either wholly-owned or leased and operated by Licensee at more than one specified
location. Licensee shall provide to Licensor a distribution list showing the location, and the contact
person at each location, where the Software is installed. All locations where the Software is
installed must be wholly-owned by Licensee. With the purchase of a Corporate License, Licensee
has the right to purchase unlimited copies at a substantially discounted price (per copy fee) for
multiple locations.

d. A Stand-Alone Configuration is defined as: A stand-alone copy of the Software, used with a single
Security Key connected directly to the USB port of the CPU on which the software is installed.
CPU must be wholly-owned and operated by Licensee and located at the specified premises of
Licensee.

e. A Concurrent-User (Network-LAN) Configuration is defined as: Multiple copies of the Software

for use with a single Security Key on a single local area network (LAN) which is wholly-owned
and operated by Licensee and is located at one specified location of Licensee. The number of
simultaneous users is based on the configuration purchased by Licensee.

f. A Concurrent-User (Regional WAN) configuration. Multiple copies of the Software for use with a
single Security Key on a single wide area network (“WAN”) which is wholly-owned and operated
by Licensee. The Security Key must be located at one specified location of Licensee. The Regional
WAN License can be accessed by multiple, wholly-owned locations of Licensee within the same
country. The number of simultaneous users is based on the configuration purchased by Licensee.

g. A Concurrent-User (Network-WAN) Configuration is defined as: Multiple copies of the Software

for use with a single Security Key on a single wide area network (WAN) which is wholly-owned
and operated by Licensee and is located at one specified location of Licensee. The WAN License
can be accessed by multiple, wholly-owned locations of Licensee. The number of simultaneous
users is based on the configuration purchased by Licensee.

14. Errors. Licensor agrees to respond to any discovered errors by correcting action of the computer
coding and/or logic of the Software, required operational changes and/or the User Guide. Such discoveries
shall be delivered to Licensor along with complete data and sample runs indicating the error. Licensor shall
not be responsible or liable for any costs, losses, delays, associated damages, or any other charges, which
may be the result of such problems. Licensor’s entire liability in all situations involving performance or
nonperformance of the Software furnished under this agreement is limited to the correction by Licensor of
program defects.

15. Software Updates. Licensor agrees to deliver at no additional charge to Licensee updates or new
versions of the Software (limited to Portions purchased by Licensee) during a period of one year from the
original date of delivery of the Software if such updates and new releases become available to other
licensees during such period of time.

16. No Known Infringement. To the best of Licensor’s knowledge, the use of the Software by
Licensee does not infringe on any United States patent, copyright, trade secret or other proprietary right of
a third party.

17. Governing Law; Dispute Resolution. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of California, United States of America. Any controversy or claim
arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, and

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judgment on the award rendered by a sole arbitrator may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Orange County, California, United States of America. The arbitration shall
be conducted pursuant to the rules of arbitration of the American Bar Association (“AAA”) in effect at the
time arbitration demand is made. The parties shall have thirty (30) days after the date of the arbitration
demand to agree upon an arbitrator. After the period of thirty (30) days, if an arbitrator is not mutually
selected by the parties, any party may inform the AAA accordingly and request that an arbitrator be
appointed pursuant to the AAA Commercial Arbitration Rules. The appointed arbitrator shall have no
power to deviate from the applicable law.

18. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with
respect to the subject matter hereof, and all agreements, representations, and statements with respect to such
subject matter are superseded hereby. Any verbal, written, direct, or indirect agreement between Licensee
and an authorized ETAP Representative or any other third party shall have no effect on this agreement.
The terms of any such agreement shall not be binding upon Licensor without Licensor’s prior written
consent. Any terms set forth in Licensee’s purchase order or similar document (whether issued prior to or
after the date of this Agreement) that are in addition to or at variance with the terms of this Agreement are
specifically and expressly waived by Licensee. All such terms are considered to be proposed material
alterations of this Agreement and are hereby rejected. No purchase order or similar document of Licensee
(regardless of its timing) shall amend or supplement the terms of this Agreement, even if accepted or signed
by Licensor. No waiver, consent or modification of this Agreement shall bind either party unless it (a) is
in writing, (b) expressly states that it modifies this Agreement, and (c) signed by the party against whom
enforcement is sought. Licensee acknowledges and agrees, however, that Licensor may add to or change
the terms of this Agreement from time to time in subsequent releases or updates of the Software.

19. Substitute Provisions; Full Force and Effect. If any part of this Agreement is found to be invalid
or unenforceable, it shall be enforced to the maximum extent permitted by applicable law and will be
deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to
the intent of the parties. The remaining provisions shall remain in full force and effect.

20. Export Control. Licensee acknowledges and agrees that the Software is subject to export controls
imposed by the United States Export Administration Act of 1979, as amended (the “Act”), and the
regulations promulgated thereunder. Licensee certifies and agrees that neither the Software nor any other
technical data nor the direct product thereof is intended to be used for any purposes prohibited by the Act,
including but not limited to nuclear proliferation, chemical/biological weapons or missiles. Licensee shall
not, and shall not allow any third party to, remove or export any part of the Software or any direct product
thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to
anyone on the United States government denial list, including but not limited to, the United States
Department of Commerce Denied Persons, Entities, and Unverified Lists, the United States Department of
Treasury Specially Designated Nationals List, and the United States Department of State Debarred List; (c)
to any country to which such export or re-export is restricted or prohibited, or as to which the United States
government or any agency thereof requires an export license or other governmental approval at the time of
export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any
export or import restrictions, laws or regulations of any United States or foreign agency or authority.
Licensee shall indemnify, defend and hold harmless Licensor from and against any claims, penalties, loss
or damage arising out of a breach of its obligations under this Paragraph.

21. U.S. Government Restricted Rights. If the Software is acquired for on behalf of the United States
of America, its agencies and/or instrumentalities (“U.S. Government”), it is provided with RESTRICTED
RIGHTS. The Software is “commercial computer software” and “commercial computer documentation,”
pursuant to 48 C.F.R. 12.212 (Computer Software) and 227.7202 (Commercial Computer Software and
Commercial Computer Software Documentation), and “restricted computer software” pursuant to 48 C.F.R.
52.227-19(a), as applicable. Use, modification, reproduction, release, performance, display or disclosure

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of the Software by the U.S. Government are subject to restrictions as set forth in this Agreement and
pursuant to 48 C.F.R. 12.212, 52.227-19, 227.7202 and 1852.227-86, as applicable. Manufacturer is
Operation Technology, Inc., 17 Goodyear, Irvine, CA 92618.

22. No Assignment. Licensee shall have no right to assign this Agreement to any third party without
a prior written consent of the Licensor.

23. Construction. Ambiguities in this Agreement will not be construed against the drafter.

SPECIFIC TERMS AND CONDITIONS BASED ON LICENSE TYPE

24. Commercial / Advantage / Nuclear License. The following terms are applicable only to
Licensees purchasing or holding a Commercial, Advantage, or Nuclear License for the Software, consistent
with the applicable purchase documentation and are in addition to the foregoing General Terms and
Conditions. To the extent that there is a conflict between the terms of this paragraph and any other terms
within this Agreement, the terms of this paragraph shall govern for a Licensee holding a non-Subscription
Commercial, Advantage, or Nuclear License.

a. Licensor does hereby grant a nontransferable, nonexclusive, and perpetual right to Licensee to use
Portions of the Software.

25. Educational / Power Lab License. The following terms are applicable only to Licensees
purchasing or holding an Educational or Power Lab License for the Software, consistent with the applicable
purchase documentation and are in addition to the foregoing General Terms and Conditions. To the extent
that there is a conflict between the terms of this paragraph and any other terms within this Agreement, the
terms of this paragraph shall govern for a Licensee holding an Educational or Power Lab License.

a. Holders of Educational or Power Lab Licenses for the Software agree that the Software can be used
for educational purposes only, without exception. The results of analysis performed with Software under
the Educational or Power Lab License shall not be delivered, provided or otherwise disclosed in any form
(machine readable, printed, orally, etc.) to any person or organization other than the course instructor or
students enrolled in the course where the Software is used.

b. Licensor agrees to deliver at no additional charge to Licensee any updates or new versions of the
Software during a period of three years from the original date of delivery of the Software.

26. Research Institute License. The following terms are applicable only to Licensees purchasing or
holding a Research Institute License for the Software, consistent with the applicable purchase
documentation and are in addition to the foregoing General Terms and Conditions. To the extent that there
is a conflict between the terms of this paragraph and any other terms within this Agreement, the terms of
this paragraph shall govern for a Licensee holding a Research Institute License.

a. LICENSOR hereby grants a nontransferable and nonexclusive right to Licensee to use Portions of
the Software. The rights granted herein may be either perpetual or subject to a specific term, as confirmed
and set forth in the applicable purchase documentation.

b. Holders of the Research Institute License for the Software agree that the Software can be used only
for grants from the government or other entities for funded research projects. Licensee affirms and
guarantees that the results of analysis performed with the Research License shall not be used for any
commercial purpose.

Effective 3/22/2017 ETAP 16.1 Page 7

 27. Theses License. The following terms are applicable only to Licensees purchasing or holding a
Theses License for the Software, consistent with the applicable purchase documentation and are in addition
to the foregoing General Terms and Conditions. To the extent that there is a conflict between the terms of
this paragraph and any other terms within this Agreement, the terms of this paragraph shall govern for a
Licensee holding a Theses License.

a. Holders of the Theses License for the Software agree that the Software can only be used for
conducting non-commercial academic research in fulfillment of a graduate student program. The results of
analysis performed with the Graduate Student License can only be delivered, provided or otherwise
disclosed to the overseeing organization committee including but not limited to the graduate students’
advisor, chair, or mentor, as applicable.

b. The rights granted hereunder to holders of a Theses License for the Software are renewable until
the graduate student(s) (as identified in the applicable purchase documentation) has finished his/her/their
course of studies and as agreed to by Licensor and Licensee.

28. Subscription License. The following terms are applicable only to Licensees purchasing or holding
a Subscription License to the Software, or Portions thereof, consistent with the applicable purchase
documentation and are in addition to the foregoing general Terms and Conditions. To the extent that there
is a conflict between the terms of this paragraph and any other terms within this Agreement, the terms of
this paragraph shall govern for a Licensee holding a Subscription License to the Software.

a. Licensee shall be entitled to use the Software, or Portions thereof, in accordance with these terms
for a period of 12 months (“Subscription Period”) from the date of delivery of the Software by Licensor to
Licensee. Licensee shall have no perpetual right to use the Software.

b. Subscription License configuration shall be a time-limited, stand-alone copy of the Software, or

Portions thereof, used with a single Security Key connected directly to the USB port of the CPU (Central
Processor Unit) on which the Software is installed. CPU must be wholly-owned or leased and operated by
Licensee and located at the premises of Licensee, as specified in the purchase documentation.

c. No perpetual license vesting or credits will be accumulated with the purchase of Subscription
Licenses. If at any time a Licensee desires to move from Subscription Licenses to perpetual licenses, the
Licensee must pay the full perpetual license fee and obtain a written confirmation from Licensor regarding
the change of the type of the license granted to Licensee. Subscription License use rights shall expire at
the end of the applicable Subscription Period if the subscription is not renewed. The Security Key shall be
returned to Licensor upon termination of the Subscription Period.

d. Licensor agrees to deliver at no additional charge to Licensee any updates or new versions of
the Software, or Portions thereof, during the Subscription Period.

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