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DocuSIgn Envelope ID: 15B65A35-DCA7.4C94.90,9A-907FA50AOOE9 <br />2.4 "ChargePointe" 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 orderto 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 forsubscription by CPI. <br />2.6 "ChargePolnt 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 Marlys" 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 "CPIPropefty" means (1) ChargePoint, III) 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 ChargePolnt 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) pertalning 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 "Pll" 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, contactor 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 />Page 2 of 20 <br />25G-4 <br />