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DocuSign Envelope ID.4491A4BD-ECDA-4CAB-B1A6-B98D53B49E7A
<br /> (v)that is distorted or altered in any way(including squeezing,stretching,
<br /> inverting,discoloring,etc.)from the original form provided by CPI.
<br /> (c) NO REGISTRATION OF CPI MARKS. Subscriber shall not, directly or indirectly,
<br /> register or apply for, or cause to be registered or applied for, any CPI Marks or any patent,trademark,
<br /> service mark,copyright,trade name,domain name or registered design that is substantially or confusingly
<br /> similar to a CPI Mark,patent,trademark,service mark,copyright,trade name,domain name or registered
<br /> design of CPI,or that is licensed to,connected with or derived from confidential,material or proprietary
<br /> information imparted to or licensed to Subscriber by CPI. At no time will Subscriber challenge or assist
<br /> others to challenge the CPI Marks (except to the extent such restriction is prohibited by law) or the
<br /> registration thereof by CPI.
<br /> (d) TERMINATION AND CESSATION OF USE OF CPI MARKS. Upon termination of this
<br /> Agreement,Subscriber will immediately discontinue all use and display of all CPI Marks.
<br /> 8. LIMITATIONS OF LIABILITY.
<br /> 8.1 DISCLAIMER OF WARRANTIES. CHARGEPOINT AND THE CHARGEPOINT SERVICES ARE
<br /> PROVIDED "AS IS"AND "AS AVAILABLE" FOR SUBSCRIBER'S USE, WITHOUT WARRANTIES OF ANY KIND,
<br /> EITHER EXPRESS OR IMPLIED, OTHER THAN THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
<br /> FOR A PARTICULAR PURPOSE,TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING,CPI
<br /> DOES NOT WARRANT THAT (A) SUBSCRIBER'S USE OF THE CHARGEPOINT SERVICES WILL BE
<br /> UNINTERRUPTED,TIMELY,SECURE,FREE FROM ERROR,OR MEET SUBSCRIBER'S REQUIREMENTS;(B)ALL
<br /> CONTENT AND OTHER INFORMATION OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE
<br /> CHARGEPOINT SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR
<br /> FUNCTIONALITY OF THE CHARGEPOINT SERVICES WILL BE CORRECTED. THE PROVISIONS OF THIS
<br /> SECTION 8.1 DO NOT APPLY TO WARRANTY COVERAGE PURCHASED AND PROVIDED UNDER THE ASSURE
<br /> MAINTENANCE PROGRAM.
<br /> 8.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER
<br /> ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
<br /> CPI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA,BUSINESS INTERRUPTION,
<br /> LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
<br /> HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE
<br /> USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, THIS
<br /> AGREEMENT,A GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED,IMPLIED
<br /> OR CLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT.
<br /> 8.3 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CPI nor
<br /> Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (I)electrical
<br /> outages, power surges, brown-outs, utility load management or any other similar electrical service
<br /> interruptions,whatever the cause;(ii)interruptions in wireless or cellular service linking Charging Stations
<br /> to ChargePoint; (iii) interruptions attributable to unauthorized ChargePoint Network intrusions; (iv)
<br /> interruptions in services provided by any Internet service provider not affiliated with CPI; or (v) the
<br /> inability of a Charging Station to access ChargePoint as a result of any change in product offerings
<br /> (including,without limitation,the any network upgrade or introduction of any"next generation"services)
<br /> by any wireless or cellular carrier. This includes the loss of data resulting from such electrical,wireless,
<br /> cellular or Internet service interruptions.
<br /> 8.4 LIMITATION OF LIABILITY. Except with respect to CPI's obligation to indemnify
<br /> Subscriber, CPI's aggregate liability under this Agreement shall not exceed the greater of(i)aggregate
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<br /> Revised 8.24.16
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