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Schneider Electric USA, Inc. A2017-042ell� CZ& C44�za -11A December 20, 2017 Schneider Electric USA, Inc. Attn: Mark Elkington 30000 Mill Creek Avenue, Suite 300 Alpharetta, GA 30022 RE: Extension of Termination Date for Agreement A2017-042 SCADA License and Support Dear Mr. Elkington: 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 cUcricv , cu�ce�� , On February 22, 2017, I, the City Manager of the City of Chino Hills, authorized execution of Agreement No. A2017-042 with Schneider Electric USA, Inc. for SCADA License and Support. This letter serves as notification that the termination date has been extended until January 31, 2019. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Michelle Smith at (909)364-2633. Sincerely, Konradt Bartlam City Manager KB:wg cc: City Clerk's Office Finance Department Information Technology clZ cawd. - Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers A2017-042 END-USER LICENSE AGREEMENT FOR SCADA Exoert ClearSCADA IMPORTANT - READ CAREFULLY: This End -User License Agreement ("EULA") Is a legal agreement between you (hereinafter called the "Licensee") and Control Microsystems Inc., a corporation existing pursuant to the laws of Canada (herein the "Company") for the computer software, electronic documentation and the media upon which this EULA is delivered (the "Software"), and any associated printed materials that are delivered with the Software (the "Documentation"), The Licensee enters into the terms and conditions of this EULA on the first of: (a) Installing, copying, downloading, accessing, or otherwise using the Software; (b) acknowledging acceptance of the EULA by clicking "I Agree" as You go through the Installation process for.the Software; (c) making payment for the Software. GRANT OF SOFTWARE LICENSE RIGHTS AND RESTRICTIONS, The Software and Documentation Is protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties. The Software and Documentation Is licensed, not sold. 1. TERMS AND CONDITIONS, Upon entering Into this EULA, the Licensee is granted a non- exclusive, perpetual, revocable, non -transferable (except as expressly provided herein), limited license to use the Software and Documentation solely In accordance with the terms and conditions of this EULA. (a) EVALUATION LICENCE. The Evaluation License applies if and only If the Software is supplied to the Licensee for evaluation. The Licensee may Install the evaluation licence on a single computer, and use It for the pre-programmed duration of the evaluation period, after which time the Software will cease to operate. Evaluation purposes do not Include use for commercial benefit. When the Licensee's use for evaluation or testing purposes ceases, or the period expires, whichever is sooner, then the Licensee must either. I. Immediately remove the Software from the computer and comply with the obligations set forth in Paragraph 14; or it, buy a Production Licence for the Software. (b) PRODUCTION LICENCE, I. A Production License applies when the Licensee has purchased the right to use the Software from the Company or Its authorized reseller or agents. If the Licensee has paid the fees and charges for Production License to the Company or its nominated agent, then: 1. The Licensee may install and use one copy of the Software (or component thereof) for each license purchased. Software may be transferred from one computer (CPU) to another computer (CPU) within an organization, but only one operating version can exist at any one time. 2. Database Manager shall mean to be a tool that allows a user to create and run additional instances of the Software on a single machine. The Licensee must purchase an additional Server License of the Software for each instance of the Software created by the Database Manager. 3. The Software may be delivered with a limitation that restricts the Licensee's use to the maximum number of data points purchased. Use of the Software with an excess of such maximum number of data points is prohibited and alteration or modification of the Software to avoid such restriction Is prohibited and will result in termination of the Licensee's license. Rights to use the Software for additional numbers of data points may be purchased from the Company or its authorized resellar or agents on payment of additional fees and charges, 4. Software that is enabled to provide access over a network or the Internet, is limited to one user, unless access to concurrent users (users simultaneously connected over the network or Internet) Is purchased. Use of the Software for more than one user, or In an excess of the maximum number of concurrent users purchased where applicable, Is prohibited and alteration or modification of the Software to avoid such restriction Is prohibited and will result In termination of the Licensee's license, Rights to use the Software for additional concurrent users may be purchased from the Company or its authorized reselier or agents on payment of addidonal fees and charges. b. The Licensee may use the Software to process Its data, or the data of a third party while acting as a service bureau, provided that the License purchased permits a number of data points that equals or exceeds that maximum number of data points that are at any time in the environment attached to or accessed by the Software (the "Permitted Use"). Subject to the foregoing, Software and Documentation may not he disclosed to, Vnslm:e embw2012 Supw.dw NI Prevbw transferred or assigned nor used by, any other third party, nor be sub - licensed, leased, or tented or for any purpose other than the Permitted Use (other than the rights of assignment expressly provided In this EULA, and other for use by a sub contractor that Is working for the Licensee). 6. Licensee may make two copies of the Software for backup and archival purposes only. 7. The Licensee is granted a nonexclusive, non -transferable, revocable licence for the hard copy Documentation for use in association with the Permitted Use of the Software, i. if and only If the Production License purchased by the Licensee is designated for use with a remote access/application publishing product (an "Application Server Product" such as Windows Remote Desktop Services or CON) that allow users to corned remotely to applications running from central servers (herein the "Application Central Server") then, in addition to the conditions outlined in the previous section the following shall apply; IL The Licensee shall install and use one copy of the Software (or component thereof) for. each license purchased on the Application Central Server. Software may be transferred from one Application Central Server to another Application Central Server but only one copy must be installed at any one time. 2. The Licensee may allow that maximum number of unique users (as defined below) that are purchased with this license, to remotely access the Software from an Applicatlon Server Product. If the Licensee's agreement with the Company provides the Licensee with the right to purchase additional unique users, then the Licensee may allow access of the Software through the Appllcallon Server Product with such number of additional unique users in accordance with the terms of such agreement, ralkrre to adhere to the terms of such agreement, Including any obligation to report and to make payments In accordance with the terns of such agreement is a default under this EULA, the Company may terminate this EULA and the license rights goaded to the Licensee herein. vewwa Dee hw 2M $upers*O : BVI Pretous 3. A unique user is a device (including but not limited to a computer or central processing unit, smart phone, personal digital assistant) that is authorized to use the Software from Application Server Product from a remote location over the Internet, corporate intranet or extranet, wireless network or other telecommunications means. A unique user may be transferred to another device provided that the access from the transferee device is permanently disabled. If the Licenses wishes to use the reporting functionality of the Software, the Licensee must acquire Crystal Reports (or such other reporting tool approved by the Company from time to lime) separately and at Its own cost from an authorised reseller of that reporting tool. 2. PROHIBITED USES. Licensee must not: (a) reverse engineer, disassemble or decompile any portion of the Software; (b) copy, after, adapt or translate the Software or Documentation, or create derivative works based upon the Software; (c) distribute, lend, sell, display or otherwise rent or lease the Software. 3. SOFTWARE UPDATES AND NEW VERSIONS. If and when a Minor Update (which is a release of the Software which is primarily intended to correct bugs or improve performance) or a Major Update (which Is a release of the Software designated as a new version which has as its primary purpose the provision of additional functionality) becomes available, it will be made available to the Licensee only if the Licensee has a current support agreement with the Company or Its agent. The Licensee is responsible for Installing any update or new version, at the Licensee's own cost, Where Minor or Major Updates are provided they are subject to the terns and conditions of this EULA except as expressly otherwise provided. 4, SOFTWARE SUPPORT. Software support is subject to the terms and conditions of the Company's Software Support Terms and Conditions which are not a part of this EULA. 5. CHANGE TO ORIGINAL LICENSE AGREEMENT.. If the Licensee has either lost or misplaced the authorization codeldongie for the Software, or has changed the computer on which a software -licensed copy of the Software operates, or requires a change or transfer of clients and/or drivers, or has requested a change in the form of license key (USB done le vs. software key) and requests a replacement authorization code or dorgle, The Licensee represents and warrants to the Company that; Version: Decembw 2012 supersedes: All PreWws (a) it is the end-user of the Software pursuant to the provisions of the EULA for the Software from the Company; (b) it has not transferred or assigned any right or Interest In or to the Software or the License to any person, corporation, company, firm, association, authority, partnership, Individual, or entity; (o) the authorization codefdongle that was provided to the Licensee has been losttmisplaced and akar diligent search cannot be found, or in the case of software licensing the computer on which the software operates is being replaced and the original license has bow removed from the computer, or In the case of a requested change in license key type, the original license key has bow sent back to the Company (USB dongle instance) or has been removed from the computer (software key instance); and (d) it seeks a replacement authorization code/dongle for its own use of the Software In accordance with the License. The Licensee acknowledges and agrees that it is bound by this License Agreement and that It obtains no additional rights to the use of the Software upon the receipt of a replacement authorization oodehfoogle. 6. RETAINED RIGHTS. The Licensee agrees that the Company and its suppliers and licensors retain all right, title and interest in and to the Software and the Documentation and A copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. The Licensee agrees that It neither owns nor hereby acquired any claim or tight of ownership to the Software or the Documentation or to any retated patents, copyright", trademarks or other Intellectual property. The Licensee agrees to use reasonable efforts to prevent and protect the contents of the software and the Documentation from unauthorized disclosure or use. Nothing herein should be construed as granting Licensee, by implication, estoppel or otherwise, a license relating to Software or Documentation other than as expressly stated above In paragraph 1. 7. COPYRIGHT, The Software and Documentation is copyrighted and is protected by copyright and patent lams and intemational treaty provisions. The Licensee must reproduce and include all copyright notices, trademarks or other proprietary legends of the Company and Its suppliers on any copy of the Software or Documentation trade by the Licensee. Verve ave Downber 3012 suprWw. Al PraAus LIMITED WARRANTY 8, 90 DAY LIMITED WARRANTY, The Company warrants that the media upon which the Software resides will be suppled free from material defects. The Company also warrants that the Software will perform In accordance with the specifications set forth in the Documentation In all material respects for a perrod of 90 calendar days from the date of purchase (the °Warranty Period'). The Company's sole obligation shall be to use commercially reasonable efforts to correct any such defect in a manner chosen by the Company In its We discretion, The foregoing warranty does not apply to any products which have been subject to misuse, neglect, accident or modification or which have altered such that they are not capable of being tested under normal test conditions. The Company shall make the final determination as to whether Its products are defective The Company's sole obligation for products failing to comply with this warranty shall be, at Its option, to either repair, replace or Issue credit for the nonconforming product where; on or prior to the expiration of the warranty padod the Company has received written notice of any defect or nonconformity; (it) after the CompamJs written authorization, the Licensee has returned the defective or nonconforming product to the Company; and (iii) the Company has determined that the product is defective or nonconforming and that such defect or nonconformity is not the result of Improper Installation, repair or other misuse THE FOREGOING WARRANTY AND REMEDIES ARE EXCLUSIVE AND MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE LICENSEE ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE, AMONG OTHER THINGS, IF THE SOFTWARE DOES NOT MEET THE REQUIREMENTS OF THE LICENSEE OR IF THE SOFTWARE WILL NOT OPERATE FREE OF ERRORS, UNINTERRUPTED, OR IF THE SOFTWARE WILL NOT FUNCTION IN THE LICENSEE'S HARDWARE ENVIRONMENT. THE COMPANY DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH ITS PRODUCTS. All product returned under warranty shall be accompanied by a Returned Material Authodzation ("RMA") number which number must be dearly visible on the outermost package of the returned product. The RMA number Is obtained by contacling the Company prior to return of such product. Retuned product without an RMA number Will not be accepted by the Company. 9. INFRINGEMENT, The Company warrants that to the best of Its knowledge, the Software and Documentation does not infringe any Intellectual property rights of any third party, and will defend, Indemnify and hod the Licensee harmless from and against any third party claims that the Company Software or Documentation infringes any copyright of others. The Licensee's sole remody and the Company's sole liability in the event of an Infringement of intellectual property rights successfully claimed wilt be, at the Company's absolute and unfettered discretion: Vwsk n: Dq b! 2012 Sulwaedn: All Pro ,t" (a) replacement of the component or components of the Softwam that has caused the Infringement with products that are substantially equivalent In function; (b) modification of the component or components of the Software that has caused the Infringement so that it becomes non -infringing and substantially equivalent In function; or (c) refund of the money paid, reduced proportionately over a straight three year tine depreciation, commencing from the dispatch date of the Software, 1D, EXCLUSIONS AND LIMITATIONS. The Company does not warrant that the Licensee's use of the Software will be error free or that the Software will not be subject to failure. The Software is not designed for use in; mission critical applications; in applications where error or non- performance might lead to catastrophic consequences including injury, death or property damage; or In applications where there Is no design redundancy and periodic system verification protocols to verify system and component operation and failure. EXCEPT FOR THE INFRINGEMENT INDEMNIFICATION IN SECTION 9 HEREIN, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR GENERAL OR SPECIFIC DAMAGES OTHER THAN THE COST OR REPLACEMENT OF PRODUCT SUPPLIED, THE AGGREGATE LIABILITY OF THE COMPANY IN ANY WAY RELATING TO SUPPLY OR USE OF THE SOFTWARE,, IN ANY OCCURRENCE OR SERIES OF OCCURRENCES, SHALL BE LIMITED TO THE CONTRACTUAL VALUE OF THE SOFTWARE SUPPLIED, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER GENERAL OR SPECIFIC DAMAGES OR ANY LOSSES OR EXPENSES SUFFERED BY LICENSEE OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), WHETHER OR NOT THE COMPANY, OR ITS EMPLOYEES, OFFICERS, AGENTS, DEALERS OR INSTALLERS HAS BEEN INFORMED OF THE RISK OF SUCH LOSS OR EXPENSE AND WHETHER OR NOT SUCH LOSSES OR EXPENSES WERE FORESEEABLE AND WHETHER OR NOT SUCH DAMAGES OR LOSSES OR CLAIMED UNDER ANY THEORY OF LAW OR UNDER CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR A BREACH OF A FUNDAMENTAL TERM), STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, IMPLIED DUTIES, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OR OTHERWISE OR DIRECTLY OR INDIRECTLY RELATED TO THE SUPPLY OR USE OF SOFTWARE OR THIS £ULA. 11. INDEMNITY FROM LICENSEE, The Licensee shall Indemnify and hold the Company, its directors, officers, employees and agents harmless with respect to any general, specific, indirect, conseVential, Incidental, exemplary or punitive damage, liability or claim of any kind In Vastar DWAIIbw2012 3Jpwtedw?n Praiws connection with the loss of or damage to property and personal injury, Including death, resulting from or in connection with the product supplied by the Company or any act or tallure to act by the Company. The Licensee shall defend at its own cost and expense any and all suits or proceedings brought against the Company, its directors, officers, employees and agents or any of them, in connection with this indemnity. 12. TERMINATION BY LICENSEE. This EULA Is effective until terminated. The Licensee may terminate this EULA at any time by providing the Company with written notice, provided that the Licensee has comptled with the return anrUor destruction obligations set forth in Paragraph 13 below. If the Licensee terminates this EULA then N is not entitled to any refund of any fees or charges, and the Company will not be liable for any loss, cost, expense or damages resulting from or as a consequence of such termination. 13. TERMINATION BY COMPANY, This EULA may be terminated by the Company If the Licensee falls to comply with any of the terms and conditions set forth in this EULA and does not remedy such failure within thirty (30) days after receiving notice thereof, A breach of the license provisions under Paragraph 1 or the prohibitions in Paragraph 2 shall terminale this EULA and the Licensee's rights to use the Software with or without notion from the Company, The Company may also terminate this EULA immediately upon m0ce K there is any use or dissemination of the Software or Documentatlon which is not expressly permitted herein. The Company will not be liable for any loss, Dost, expense or damages resulting from or as a consequence of such termination. 14. CONSEQUENCES OF TERMINATION. Upon any termination of this EULA, the Licensee'rnust (a) Immediately cease all use of the Software and Documentation; (b) Either provide the Company with written certification that Licensee has destroyed all copies of Software and Documentation, or, If requested by the Company, return all copies of the Software and Documentation to the Company, at the Licensee's expense; and (c) Paragraphs 2, 9, 10,11, 12, 13, and 15 survive any termination of this EULA. GENERAL 15. "Confidential Information" means the confidential Information of a party disclosed to the other under this to this Agreement including without limitation, Information relating to: (a) the design, specifications and content of the Software as contained in the Software or Documentation or VwWwi December 2012 Supmedee: All Rerbue otherwise; (b) the terns of this Agreement; and (c) reports or information on Software usage provided by Licensee in accordance with paragraph 1. Neither party shall disclose, nor copy or utilize (other than In conjunctlon with the purposes of this Agreement), any Confidential information of the other party, Each party will use at least the same degree of care to protect the Confidential Information of the other party as it uses to protect Its own information of a sinslar nature, but In no event less than reasonable care, Each party shall ensure that its employees and agents observe these conditions. Licensee acknowledges that the Software and Documentation constitute the valuable property and trade secrets of Company, embodying substantial creative efforts and constitutes the Confidential Information of company. It Is expressly agreed that a breach of this paragraph will cause Irreparable harm for which remedies at law would be Inadequate. Therefore, in addition to any remedies available at law, the affected party may seek injunctive or other equitable relief in the event of any actual or threatened breach of this section. I& AUDIT. During the term of any license granted hereunder and for a period of one year after the termination thereof, Company (or Its authorized representative) shall, upon reasonable notice, be entitled to enter upon the premises of Licensee during normal business hours and perform reasonable audit and inspection procedures to confine that Licensee Is in compliance with the terms and conditions of this Agreement, inducting, without limitation, provisions related to soope of the use of the Software, including the usage limitations, protection of proprietary and confidential Information and termination, Licensee agrees to provide reasonable assistance to Company or its authorized representative for the purpose of such audits. If the audit determines that Llcwsee has exceeded the usage limitations under this Agreement, Company, without restricting any other remedies it may have hereunder, shall have the right to require Licensee to pay any applicable additional fees and to reimburse company for all costs associated with such audit. 17. ENTIRE AGREEMENT. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written and there are no warranties, representations or other agreements between the parties In connection with the subject matter hereof except as specifically set forth herein. No supplement, modification, amendment, waiver or termination of these Terms and Conditions shall be binding unless executed In writing by the Compiany, and the Licensee. In the event of a conflict between the EULA, the Software Support Terms and Conditions, or the Purchase Order, the End User License Agreement will prevail. Any standard oonritions of purchase or provision, term, condition, right, warranty, acknowledgement, or Yeslon. December 2912 SuPerudm; All Previa» obligation set forth in the Licensee's purchase order, other than the order for product of the Company, shall be deemed excluded and of no force or effect. 18, EXPORT REGULATIONS, Licensee agrees to comply fully with all laws and regulations concerning the purchase and sale of products. in particular, the Licensee agrees to comply with the export laws and regulations of the United States and Canada in so far as they apply to the supply of the Software. The export of the Software or Documentation from the country of original purchase may be subject to control or restriction by applicable local law. The Licensee is solely responsible for determining the existence and application of any such law to any proposed expert and for obtaining any needed authorization. The licensee agrees not to export the Software from any country In violation of applicable legal restrictions on such export 19, PARTIAL INVALIDITY, If any provision of this EULA or the application thereof to any person or circumstance shall, to any extent, be Invalid or unenforceable, tlaa remainder of this EULA, or the application of such provision to persons or circumstances other than those as to which it Is held Invalid or unenforceable, will not be affected thereby and each provision of this EULA win be valid and enforced to the fullest extent permitted by law and be independent of every other provision of this FULA, 20, Neither party shall be liable for any failure to perform or delay in performance of 8s obligations hereunder caused by circumstances beyond its reasonable control or which make performance commercially impractical, Including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of a public enemy or rebellion, insurrection, riot, civil commotion, strikes or other tabour disputes, sabotage, epidemic, quarantine or any agency thereof, judicial action and any other such external circumstances. In the everd of such delay, delivery dates shall be appropriately adjusted 21. FRENCH LANGUAGE, The Parties acknowledge that they have requested and consented that this Agreement and all documents, notices, correspondence and legal proceedings consequent upon, ancillary or relating directly or indirectly hereto, forming part hereof or resulting herefrom, be drawn up in the English language only. Les paHW recorewssent avow exige at conseny a co qua ce bon de 0&nmande ainsl qua tous tes documants avls oorraspondance at procedures judiciaires consdeutHs 8, ayant rapport direcfement ou indirectoment avoc, faisant partte ou d6coutant des prOsentes, soiant r6dg6s an tangue anglaise setdament. 22. GOVERNING LAW. This FULA shall be governed by and construed In accordance with the laws of the Province of Ontario and the applicable laws of Canada excluding the law of conflicts and excluding the United Nations Convention of Contracts for the Sale of Goods and shall be treated In all respects as an Ontario contract The Parties hereto irrevocably shorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada with respect to any and an disputes V&SkV DIOOMx12012 9upx dw M RWw. arising out of, pursuant to or relating to this EULA or the supply of product and waives any right that it may have to assert the defence of forum non•conveniens In any suit, action or proceeding, 23. 'WAIVER, The failure or delay of to exercise any of its rights under this EULA or upon arty breach of this EULA must not be deemed a waiver of those riots or of the breach. 24. NO TRANSFER. The Licensee must not transfer or assign this EULA or any of the rights and obligations under it to any third party except as follows: (a) If Licensee is a reset er (such as a Systems integrator `SI", or an Original Equipment Manufacturer 'OEM"). the Software and the EULA may be transferred to Licensee's customer, (b) the software and EULA can be transferred to a third party purchaser of all or substantially all of the Licensee's assets provided such purchaser agrees to be bound by the terns and conditions of the EULA. Yw*": De bn 2012 Supx dw; AC FreYU6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year written below. CITY OF CHINO HILLS Konradt Bartlam City Manager -7-nom ( I (Date) SCHNEIDER ELECTRIC USA, INC. l�l h �1%Gl U le-�L Signature V Q YQ155a Cry 11 r A:�> (Typed/Printed Name) (Title) d I -31 (Wn (Date) Signature (Typed/Printed Name) (Title) (Date) SCADA Expert ClearSCADA Support Annual Maintenance Program Full Support for Your Investment The SCADA Expert ClearSCADA Service and Support annual maintenance program offers comprehensive support to ensure that our CloarSCADA customers never experience a problem without a fast solution. ClearSCADA is powerful, scalable and flexible, and so is our support. Only 1 Leve!. You Get It All! With Annual Service and Support, everyone gets all the available support features: • Full access to all product updates • Full access to the Technical Support department • Other Inherent benefits Maximiso ROI. Your investment in ClearSCADA will always be up-to-date with the continued enhancements and state-of-the-art technology that we bring to the enterprise software market. Further details on SCADA Expert ClearSCADA Service and Support benefits Software Updates Following our product version policy, we aim to release major versions every 12-18 months and minor versions every 6 months. A major version includes significant new features or capabilities and a minor version includes enhancements and recent service packs. When we release a service pack that impacts numerous customers, we generally also back port the fixes Into previous versions of the software so that customers are not forced to update if they do not wish to. All SCADA Expert ClearSCADA Service and Support members are eligible for major, minor and service pack releases. Technical Support SCADA Expert ClearSCADA Service and Support member status is tracked within the ClearSCADA License Management database which is connected to the Technical Support ticket management system. When a member calls, they are immediately identified and provided full support. How SCADA Expert ClearSCADA Support & Maintenance works Service and Support is sold in fixed unit costs, with each ClearSCADA license and option having a predetermined unit quantity assoolated to it, When the initial ClearSCADA license is purchased this becomes the Anniversary Date and renewal period for subsequent years. If further licenses are purchased or a system Is expanded ther, the support componentfor new software is pro -rated to the Initial anniversary date, The arniversary date will never change so long as you remain in the program. If your SCADA Expert ClearSCADA Service and Support program lapses and you would like to be reinstated into the program, the reinstatement is subject to a retroactive payment plus the upcoming year (356 days) of support. The retroactive period will not exceed three (3) calendar years. For further information, questions or comments please email: OrdersTRSS@schneider-electric.com SCADA Expert ClearSCADA Support Policy Following each new version release, each ClearSCADA version undergoes 2 years Active Maintenance, followed by 1 year Extended Support. Active Maintenance: All relevant bug fixes from the latest development branch are migrated onto the released versior, and provided as periodic Service Pack releases. Hotfix builds are also produced between service packs to address specific Issues, Service packs are fully supported, hotfix builds are only supported until the next service pack. Extended Support: The support group will investigate Issues and answer questions, and If possible provide work-arounds. Bugs found will be fixed in the latest code branch, but the fixes will not normally be migrated back to the extended support version. Production of service packs stops. Hotfix builds may be produced on request, although will be at the discretion of the support team based on severity and urgency. Out of Support: This version is no longer supported. The support group will not investigate reported issues unless the person raising the issue indicates It Is still a problem In a supported version, The versions of ClearSCADA In support are as follows: Initial Release Version 77 Date Active Maintenance untl116 February 2018 16 February ClearSCADA 2015 2016 R2 27 August 2015 Version 76 Version 75 Version 74 Active Maintenance until 19 June 2017 Extended Support Out of Support until 07 April 2017 Recommend upgrade to latest release Recommend upgrade to latest release ClearSCADA 2013 R2.2 03 October 2014 107 April 2014 21 March 2014 , I 12 December 2013 26 July 2013 04 June 2013 25 March 2013 12 December ;2012 CiearSCADA 2016 R1 CiearSCADA 2014 R1.1 CiearSCADA 2014 R1 CiearSCADA 2013 R2.1 CiearSCADA 2013 R2 ClearSCADA Global Support Program Telemetry & Remote SCADA Solutions .",hr ,Al .,E L ,a, -I 8 &:a IAS 3k,U:J13 - S ... j., r , ....... Ovarc c,- M 14 Schneider e er Electric Support Program Overview Schneider Electric Telemetry & Remote SCADA Solutions (TRSS) is proud to offer a comprehensive support program to our ClearSCADA customers. This support program helps ensure a customer's investment in ClearSCADA will always be up-to-date and provides full access to all product updates and Technical Support resources. The support program encompasses all of a customer's ClearSCADA products into a single easy to track annual support contract. SchnWer Elemrle -Telemetry & Remate SCADA Sel:.fb=— Supjwrt Pmomm Ove Mew— Jmuery, 20% Support Program Benefits Product Updates Customers have access to all new releases and product updates. Our support specialists can assist and advise on appropriate update planning and risk mitigation. Product updates include: Major Release: A new product incorporating substantial changes to the feature set and functionality of the product. A major release is accompanied by a change to the product's name or edition (i.e. ClearSCADA 2010 Edition vs. ClearSCADA 2013 Edition). Minor Release: Incorporates feature enhancements to the product and possibly bug fixes. A minor release is noted by a change to the RX.X nomenclature as R1.X to R2.X within the same edition. Service Packs: Service Packs incorporate product fixes only and are noted by a change in the RX.X nomenclature as RX.1 to RX.2 within the same edition, Support Is limited to the current and prior major ClearSCADA releases, or to releases that are no older than 24 months. If the most current version of the software Is greater than 24 months old, it remains the only supported version until a subsequent version is made available. Schneider e:ectnc- Telemetry&Ramole SCADA Sululiars— Support Pmnram Or lwq January, 2014 Support Program Benefits Technical Support Customers have direct access to our Technical Support specialists. Support status is tracked within the ClearSCADA license management database, which is connected to our Technical Support ticket management system. Each license is assigned a serial number and serves as the primary reference required for technical support or product updates. .The serial number is a letter (D, S, R) followed by 6 digits. For examale: D101234. The Identifying number can be found on the back of the software packaging, on the physical USB key or reflected in the title of the license file used for software license key types. Customers in an active support contract are immediately identified and provided full support and license key updates. It's Important that our Customers are aware of the serial number assigned to their server andlor VlewX clients when calling in for technical support or product updates. This will streamline our Internal validation requirements and allow for quicker turnaround. Schnolder Eleobio - Telemetry & Romote SCADA Soludo�—Support Program OveMaw— January, 2014 Support Contract Date ClearSCADA customers are assigned an anniversary date when they first purchase their ClearSCADA product. To simplify the management of the annual support program, all ClearSCADA products purchased by an end-user are aligned with a single anniversary date, and proration is used to quote annual fees properly under the annual term (see the Support Fees page herein), The customer's anniversary date will never change so long that their membership within the program remains current. ClearSCADA end-users, along with sales channels, will be notified in advance by Schneider Electric of all upcoming anniversaries with a quotation profile. Schneider aJ tic - Telemetry& Remote SCADA Solutions— Support Program Oywew—Jenvwy, 2014 based upon their current ownership Support Fees ClearSCADA service and support is sold in fixed cost units, with each ClearSCADA license and option having a predetermined unit quantity associated to it. The cost is then calculated by multiplying the amount of units required on the order by the fixed support unit cost. When purchasing new parts for an existing ClearSCADA customer, the full year's support needs to be purchased with the parts. These parts will then have their own unique expiry and at the time of the next support renewal, their support is prorated into the upcoming support term. Important Note: end -users -do not have the choice of applying for support on a subset of the ClearSCADA products that they own. All ClearSCADA products purchased must be Included in the service and support program. Schnader Electric -Telemetry& Remote SCADASolugons— Support Progrem ONeri —January, 2014 Support Fees The below table is an example of how a 1500 point server with a 11600+ point web server, two concurrent web connections and OPC clients has their predetermined unit quantity applied to a fixed list price. This process is to be repeated for each server, client and/or connectivity option being purchased with support. The support quantities associated with each ClearSCADA license and/or options can be referenced on the price list. Please consult with your local sales channel for pricing and required quantity of units, 5chroder Electric - Telemetry & Rtcmcle SCADA Scluiam — Support Rnilem Overylaw — Jaivary, 2014 It go 1 CLEARSCADAWEBX, 15004 POINT BASE WEN SMVV UCENU 34 34 11.00 374,00 U tkjcbk� RRENTWEBro Noqmq)'� 16 go CLEARSCADA OPC SERVEA, OFCCIJENTS it 11 f lim $ L21,00 QRV=Av 9� UY N11` TFRO TRES NaAe4-d TBUCSUP-UNff 1,710.00 This process is to be repeated for each server, client and/or connectivity option being purchased with support. The support quantities associated with each ClearSCADA license and/or options can be referenced on the price list. Please consult with your local sales channel for pricing and required quantity of units, 5chroder Electric - Telemetry & Rtcmcle SCADA Scluiam — Support Rnilem Overylaw — Jaivary, 2014 Program Reinstatement An annual support contract that has either lapsed, or was not purchased with the initial license sale, is subject to a retroactive payment plus the uocomina vear of support. The retroactive period will not exceed three calendar years. All license options associated to the end user in question will be included on the reinstatement quote. The fixed support units assigned to each license will be multiplied by the support list price, which will then be prorated to align all expiry dates with the upcoming term. All reinstatement PO's will reauire both support part numbers: • TBUCSUP-REINST— Lapsed time cost retroactive to expiry date . • TBUCSUP-UNIT — The upcoming year of support commencing on the term start date In the event that support Is not purchased with the initial license sale, the expiry date Is the date that IRS$ shipped the Initial license on. A new anniversary date will be based upon the date in which the customer requests reinstatement. 5ohnaldw Elec* - Telwnatry & Remcte SGAOA SoWtitm — Suppan ProSrem Ovmvlew— Jansry, 2pi4