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DocuSign Envelope ID:4491A4BD-ECDA-4CAB-B1A6-B98D53B49E7A
<br /> 2.4 "ChargePoint®" means the open-platform network of electric vehicle charging stations
<br /> and the vehicle charging applications the network delivers, that is operated and maintained by CPI (as
<br /> defined below)in order to provide various services to,among others,Subscriber and its employees.
<br /> 2.5 "ChargePoint Services" means, collectively, the various cloud services offerings
<br /> (including,without limitation,APIs and application service plans)made available for subscription by CPI.
<br /> 2.6 "ChargePoint Application"means any of the applications established and maintained by
<br /> CPI which will allow Subscriber to access ChargePoint Services.
<br /> 2.7 "Charging Station" means the electric vehicle charging station(s) purchased by
<br /> Subscriber,whether manufactured by CPI or by a CPI authorized entity,which are registered and activated
<br /> on ChargePoint.
<br /> 2.8 "Content"means all data collected or maintained by CPI in connection with the operation
<br /> of ChargePoint.
<br /> 2.9 "CPI Marks" means the various trademarks,service marks,trade names, logos, domain
<br /> names,and other distinctive brand features and designations used in connection with ChargePoint and/or
<br /> CPI manufactured Charging Stations,including without limitation,ChargePoint.
<br /> 2.10 "CPI Property"means(i)ChargePoint,(ii)the ChargePoint Services(including all Content),
<br /> (iii) all data generated or collected by CPI in connection with the operation of ChargePoint and
<br /> ChargePoint Services,(iv)the CPI Marks,(v)the ChargePoint Cards,and(vi)all other CPI-supplied material
<br /> developed or provided by CPI for Subscriber use in connection with the ChargePoint Services.
<br /> 2.11 "Documentation" means written information (whether contained in user or technical
<br /> manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and/or
<br /> ChargePoint and made available from time to time by CPI to Subscriber in any manner(including on-line).
<br /> 2.12 "Effective Date"means the earlier of(a)the date that Subscriber electronically accepts
<br /> this Agreement,or(b)the date of Subscriber's first use of the ChargePoint Services.
<br /> 2.13 "Intellectual Property Rights" means all intellectual property rights, including, without
<br /> limitation, patents, patent applications, patent rights,trademarks,trademark applications,trade names,
<br /> service marks, service mark applications, copyrights, copyright applications, franchises, licenses,
<br /> inventories,know-how,trade secrets,Subscriber lists,proprietary processes and formulae,all source and
<br /> object code, algorithms,architecture, structure, display screens, layouts, inventions, development tools
<br /> and all documentation and media constituting, describing or relating to the above, including, without
<br /> limitation,manuals,memoranda and records.
<br /> 2.14 "Malicious Code"means viruses,worms,time bombs,Trojan horses and all other forms
<br /> of malicious code,including without limitation, malware,spyware,files,scripts,agents or programs.
<br /> 2.15 "Party"means each of CPI and Subscriber.
<br /> 2.16 "Plr' means personally identifiable information regarding Subscriber or a User (e.g., name,
<br /> address,email address,phone number or credit card number)that can be used to uniquely identify,contact or locate
<br /> Subscriber or such User.
<br /> 2.17 "Provisioning" means activating Charging Stations, warrantees and Service Plans on ChargePoint
<br /> 2.18 "Rights"means the rights, authorizations, privileges, actions, information and settings
<br /> within the ChargePoint Services which a Rights Grantor grants to an Rights Grantee,to enable such Rights
<br /> Grantee to access, obtain and use certain portions of the ChargePoint Services and certain information
<br /> available therein in the course of providing services to or on behalf of such Rights Grantor in connection
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<br /> Revised 8.24.16
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