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BENTLEY SELECT PROGRAM AGREEMENT SELECT Program Benefits Exhibit A Dated as of January 2010 provided with the Product upon its delivery to Subscriber, us Subscriber using pooled licensing hereby agrees to install and amended or supplemented by the terms of this Agreement in implement Bentley's SELECTserver or such other Bentley effoet at the time of such purchase. Subscriber hereby agrees licensing technology as may be required by Bentley from time that its dmsulondhlg or age of any Products delivered [o it shall to [fine to monitor usage. Subscriber agrees and acknowledges constitute Subscribers uecephnlce of the license agreement that Bentley's SELECTserver will from time to time transmit to terms provided with the Product upon its delivery to Subscriber. Bentley the usago log film generated by SELECTserver or such If Subscriber Becomes additional Copies of it PrOd id, that IS Other Bentley licensing technology. Subscriber agrees to allow already licensed by Subscriber, such additional licenses may he the above transmission to Bentley or otherwise to transmit to aulhorizcd through delivery of it now License Key and without Bentley true and accurate copies of such usage log tiles. For deliver), or download of any additional Product. In such purposes ofdarity, the right to pool licenses offreduc[s granted instances, Subscriber agrees that the license agreement terms an Subscriber pursuant to this Section 5,02(x) of Exhibit A shall contained or cross- referenced in the License Key shall govem terminate in the event of any termination or non - renewal of this Subscriber's use of such Product. In time event of a conflict Agreement, iotwitbslanding dot the subject Products may be between the terms of the license agreemonl provided with a licensed on a perpetual basis. The pooled licensing benefits set Product upon its delivery to Subscriber and the using of this forth fn this Section $A2(m) of Exhibit A are not applicable to Agreement in effect at the time such Product is purchased, the Server Products, Client Softwareandas a coned CALs. terms of this Agreement in effect at [Ire time such Product is purchased shall control for time term of this Agreement. (b) No- Charge Licenses. However, whh respect to any perpetually licensed Product, upon may termination of this Agreement the terms and (1) [to Product is designated as eligible on SELECT Online, conditions of the license agreement provided with the Product Subscriber is hereby entitled on a nun- exclusive basis, upon its delivery to Subscriber shall govern Subscriber's use of without payment of license fees but otherwise subject to the product the tones of this Agreement, to creme Production Use copies, for use only by Subscriber, of certain Products (c) No Trmsfcrs. Subject to Section 8.01 of Exhibit B, Subscriber made ovoilablo by Bentley from time to time unit which shall not sell, tmngfcr, assign, grout it seaaily interest in, are designated by Bentley as no- charge software. sublicense, loan, lease or rent any of its rights under its CALs or Subscriber is entitled to redistribute such Products, which licenses to use Bentley Products without the prior written are designated by Bentley as available for such consent of Bentley. If consent is given by Bentley, Subscriber redistribution, in machine readable form to third parties to may permanently transfer a license to another end user, which Subscriber distributes its Bentley Products tiles; provided all software and related documcnlatimt and media provided that Subscriber procures each such third party's covered by such license are transferred to the transferee end agreement not to fonher redistribute such Products. Unless user and the Subscriber does not rehhin any copies thereof, and Bentley specifically audiorizes otherwise in writing, such provided author that Ilse Imminence end user agrees in writing tree licenses granted or redistributed hereunder will expire with Bentley to cover all of its CALs and licensed Products upon lennination of this Agreement. under [he SELECT Program and he bound by the temps of the license agrwnont dmen fn effect for such CAL or Product. (2) For welt of Subscriber's licenses of a Product designated by Bentley ns eligible on SELECT Online, Subscriber may (d) No Commercial Hosting. Products arc licensed for Production at no charge receive a single CAL allowing one additional Use only, Products may not be used to provide commercial User (which User may, under the tennis of Section 5.02(f) hosting services or as the basis for tee or transaction based of Exhibit A, be an External User) of that designated services. Product to install and Ilse Client SOftwam to access any Property licensed Server Products, for Production Use, and 5.02. Licensing Programs, Unless otherwise specifically set forth herein, in accordance with Section 5.02(f) of Exhibit A. Such Bentley Products am licensed on it Per Device basis as se[ fonh in the CALs grained hereunder will expire upon termination of applicable end user license that ships with the Bentley Product. The (his Agreement. following licensing programs are not available for all Products; please check SELECT Online to ace which Products are eligible for the (c) Flame Use Licenses. unless Subscriber notifies Bentley in respective licensing programs (absent a specific designation of writing that Subscriber's employees shall not be entitled to eligibility, a Product is ineligible for any such pmgmm). Bentley obtain home use editions of a Product, Bentley will distribute reserves the right to add or remove any product from eligibility for upon an employee's request made through Subscriber's site licensing under the fallowing programs. Bentley reserves the right to administrator, and permit Subscriber's employees to use, discontinue any of its licensing programs at anv time, without notice without charge, home use editions of certain Products (for to Subscriber. However, until renewal or femnina[ion of this %which such editions are available, as designated on SELECT Agreement, such termination ormty licensing prolemnlshall not aaeet Online) in accordance with the terms set forth in the license the licenses for Products previously granted pursuant to such agreement provided with such home use edition ore Product, as terminated licensing pragratn. Por purposes or clarity, all licenses amended gird supplemented by This Agreement, liosleic[ions on previously granted pursuant to a terminated licensing progrmo shall home use licenses include the following: hone use licenses are terminate upon the renewal ortertuousion ofilds Agreement. not remmihed to be used for Production Use or oily commercial use, including training; home use licenses are not for use in (a) Pooled Licensing. If at Product is designated as eligible on Subscriber's onices; home use licenses may not be slowed on SELECT Online, then Bentley hereby grants to Subscriber a any electronic medin; home use, licenses must be permitted in limited non- tmnsfcmble non - exclusive tight to use such Product Subscriber's jurisdiction. The total number ofhome use editions for Production Ilse only on multi -user computer networks, mid available to Subscriber's employees may not exceed the number to instill a licensed Product tun muse Wart one computer Or hand Of SUI)SCtiber'S ProdUd HCCIMS la WIdCh file tone line OdWOris disk, provided that all users under this urmhgenient am m the reline.. Nome use editions of Products are ineligible for same Site and the number of users that Use a Product during Technical Support even if Subscribe has purchased SELECT tiny one interval does net exceed the number of copies of such Program services. Subscriber shall not he responsible lot Product for winch Subscriber has licenses at such Site. Any ensuring compliance by its employees with the Bentley home SEL0a2520410005 6/11 Page 3 of 12