Exhibit H
Form of Subscription Services Agreement

THE LEGAL AGREEMENT SET OUT BELOW GOVERN YOUR USE OF THE [AMATIS CONTROLS LLC AND/OR ITS OEM PARTNER COMPANIES ] CLOUD SERVICES. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICES.

Access to the Subscription Services

The software is located on servers controlled by [Amatis Controls LLC and/or its OEM Partner Companies ] or its supplier and/or its service providers. You may access the Software, but have no right to receive a copy of the object code or source code to the Software. At your own expense, you must have a high speed Internet connection, and hardware and software that is compatible with the Subscription Services, as set out in this documentation. [Amatis Controls LLC and/or its OEM Partner Companies ] or its suppliers or service providers regularly upgrade and update the Subscriptions Services. This means that the Subscription Services are continually evolving; these changes occur automatically. [Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors solely own the intellectual property in the Software and the documentation; you do not receive any rights other than to access and use the Software under the terms of this Subscription Agreement.

Conditions of Use.

The Subscription Services provided to You are non-exclusive and non-transferable and are for your internal business use only. Your right to the Subscription Services is conditional upon the following. You may not:

1. Transfer to any other person any of your rights to use the Subscription Services;
2. Sell, rent or lease the Subscription Services;
3. Make the Subscription Services available to anyone who is not an “Authorized User.” An Authorized User is an employee of You, or is named as a concurrent user;
4. Create any derivative works based upon the Subscription Services
5. Access the Subscription Services in order to build a competitive solution or to assist someone else to build a competitive solution;
6. Use the Subscription Services in a way that violates any criminal or civil law.

Usage Rules

You agree that you shall use [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Service in compliance with the applicable usage rules established by [Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors in this Agreement (“Usage Rules”), and that any other use of the [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Service may constitute a copyright infringement. [Amatis Controls LLC and/or its OEM Partner Companies ] reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by [Amatis Controls LLC and/or its OEM Partner Companies ] for compliance purposes, and [Amatis Controls LLC and/or its OEM Partner Companies ] reserves the right to enforce the Usage Rules without notice to you. You agree not to access the [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Service by any means other than through software that is provided by [Amatis Controls LLC and/or its OEM Partner Companies ] for accessing the [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree to immediately exit another users account should you inadvertently discover yourself there. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Service. Violations of system or network security may result in civil or criminal liability.

1. You shall be authorized to use [Amatis Controls LLC and/or its OEM Partner Companies ] Energy Dashboard only for personal, noncommercial use to manage your, or your customers’, use of your, or your customers’, solar thermal system.
2. You shall be authorized to access your Fleet View Dashboard or Energy Dashboard from any public or private web enabled device via your personal password and login.
3. You shall not be authorized to share your password or login credentials with other users.

Privacy

When you opt in to the [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Services, [Amatis Controls LLC and/or its OEM Partner Companies ] will, from time to time, automatically collect information that can be used to identify system failure or under performance, methods to optimize your solar thermal system, such as your consumption or system thermal harvest. This includes energy usage, purchased grid energy, or on-site generation. This information will be stored anonymously and will not be associated with your name or Account. When you use the [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Energy Dashboard, [Amatis Controls LLC and/or its OEM Partner Companies ] may use this information to offer personalized product recommendations to you.

You acknowledge that at all times [Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors will remain the owner of all data stored on the [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Service. [Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors explicitly reserve the right, among other rights, to analyze and report on the performance, demographic or geospatial data related to the systems it supports. [Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors agree to de-identify any identifying data.

[Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors may only use this information and combine it with aggregated information from other users at the [Amatis Controls LLC and/or its OEM Partner Companies ] Cloud Service who also opt in to agree to the Subscription Service, your product purchase history data, aggregated energy consumption and generation metrics, and other information obtained from third parties, to:

• Improve our algorithms and reporting performance about your system
• Offer industry reports about average domestic hot water usage and other metrics
• Offer utility companies information about average rate of return on incentives and rebates
• Academic research on solar thermal offsets to fossil fuels and associated carbon reduction
• Provide you with recommendations regarding complimentary products and services that you may wish to purchase.
• Provide recommendations regarding products and services to other users.

[Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors collect information to provide better services. We get this information several ways:

Information that you give us: This data is provided voluntarily in the system configuration tabs upon first login or subsequent updates which you initiate in the Passport/Toolbox widget. Examples include your motive to purchase, your median income, zipcode or credit card information.

Information gathered through your use of our product: This data is specific to the hardware reporting on energy consumption and generation, the frequency and timestamp of your access to the Energy Dashboard or Fleet View, your interaction with our widgets, or device specific information like model or serial number.

Information from Server logs: [Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors may automatically collect and store data from our server logs, like your Internet Protocol address; your hardware settings, or the date and time of your access to the Fleet View or Energy Dashboard.

Content Flexibility

[Amatis Controls LLC and/or its OEM Partner Companies ] reserves the right to change content options, widget functionality, reports, user interface, and export options (including eligibility for particular features) without notice.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CLOUD SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. AMATIS CONTROLS LLC AND/OR ITS OEM PARTNER COMPANIES] AND ITS LICENSORS RESERVE THE RIGHT TO MAKE PERIODIC CHANGES TO THE CLOUD SERVICES, AND THESE CHANGES MAY BE MADE AT ANY TIME WITHOUT NOTICE. YOU EXPRESSLY AGREE THAT THE LICENSOR IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLOUD SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY THE CLOUD SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND [AMATIS CONTROLS LLC AND/OR ITS OEM PARTNER COMPANIES] AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CLOUD SERVICES AND ANY OTHER SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY. [AMATIS CONTROLS LLC AND/OR ITS OEM PARTNER COMPANIES] AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CLOUD SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE CLOUD SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CLOUD SERVICES OR OTHER SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CLOUD SERVICES OR OTHER SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY [AMATIS CONTROLS LLC AND/OR ITS OEM PARTNER COMPANIES] AND ITS LICENSORS OR THEIR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CLOUD SERVICES OR OTHER SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF CLOUD SERVICES OR SUNNOVATIONS’ OHM SOLAR HOT WATER MONITORING DEVICE PROVIDES NO GUARANTEE, IMPLIED OR OTHERWISE, OF THE PERFORMANCE OF OR WARRANTY COVERING YOUR OR YOUR CUSTOMERS’ SOLAR THERMAL SYSTEM, AND SUNNOVATIONS AND ITS LICENSORS ARE IN NO WAY RESPONSIBLE FOR ITS OPERATION OR PERFORMANCE.

DISCLAIMER

IN NO EVENT SHALL THE AMATIS CONTROLS LLC AND/OR ITS OEM PARTNER COMPANIES] AND ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CLOUD SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF THE LICENSOR, ITS SUPPLIERS, OR ANY THIRD PARTIES TO ANY USER OF THE CLOUD SERVICE WITH RESPECT TO THE SERVICE IS A REFUND OF FEES PAID.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

Indemnity

You agree to defend, indemnify, and hold harmless [Amatis Controls LLC and/or its OEM Partner Companies ] and its licensors, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Cloud Services; (ii) your breach of the terms of these Terms; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party's rights; or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this Agreement.

Historical Data Access

You shall have perpetual, on-demand access to this data by way of authorized login to your Energy Dashboard, with an account in good financial standing. [Amatis Controls LLC and/or its OEM Partner Companies ] makes no offer to provide alternate forms of data download. Your access to data shall not survive termination of this Agreement for an event of non-payment.

Data Security

[Amatis Controls LLC and/or its OEM Partner Companies ] and its service providers must take reasonable technical and organizational measures to keep personal data secure and to protect it against accidental loss or unlawful destruction, alteration, disclosure, or access..

[Amatis Controls LLC and/or its OEM Partner Companies ] will back-up customer data real time at our secure and redundant server sites.

Payment

[Amatis Controls LLC and/or its OEM Partner Companies ] reserves the right to close accounts and request alternative forms of payment if customer access is fraudulently obtained or used on the Cloud Services. Current dashboard subscription prices are subject to change at any time. Your subscription service may be authorized through our Licensees.

Third Party Beneficiary.

You agree that Amatis Controls LLC, which is the original provider and licensor of the Cloud Services, is an intended third party beneficiary of this Agreement, and may enforce its terms if [Amatis Controls LLC and/or its OEM Partner Companies] fails to enforce these terms to the satisfaction of Amatis Controls LLC.

Term of Agreement

This Agreement starts on the date that Customer clicks “submit” or “agree” or otherwise first gain access to the Cloud Services and continues for the term of your paid subscription.

Termination

[Amatis Controls LLC and/or its OEM Partner Companies ] may suspend access to the Energy Dashboard or Fleet View in the event of non-payment. [Amatis Controls LLC and/or its OEM Partner Companies ] does not owe you your data in any format in the event of non-payment.

You may discontinue access to the Energy Dashboard or Fleet View at any time and for any reason. There is not financial remedy available to you for unused days of access for which you may have paid.

Clicking Submit or Agree or otherwise accessing or using the Cloud Services means you agree to the terms and conditions above.