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DOCUSIgn Envelope ID: 15B55A35-DCA7-4094-905A-907FA50AO6E9
<br />(ii) in any manner that (x) implies a relationship or affiliation with CPI other than
<br />as described under the Agreement, (y) implies any sponsorship or endorsement by CPI, or (z) can be
<br />reasonably interpreted to suggest that any Subscriber Content and Services has been authored by, or
<br />represents the views or opinions of CPI or CPI personnel;
<br />(iii) in any manner intended to disparage CPI, ChargePoint, or the ChargePolnt
<br />Services, or in a manner that Is misleading, defamatory, infringing, libelous, disparaging, obscene or
<br />otherwise objectionable to CPI;
<br />(iv) in any manner that violates any law or regulation; or
<br />(v) that is distorted or altered in anyway (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 />similarto 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, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
<br />A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITHOUT LIMITING THE FOREGOING, CPI DOES
<br />NOT WARRANT THAT (A) SUBSCRIBER'S USE OF THE CHARGEPOINT SERVICES WILL BE UNINTERRUPTED,
<br />TIMELY, SECURE, FREE FROM ERROR, OR MEET SUBSCRIBER'S REQUIREMENTS; (B) ALL CONTENT AND
<br />OTHER INFORMATION OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE CHARGEPOINT
<br />SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR FUNCTIONALITY OF
<br />THE CHARGEPOINT SERVICES WILL BE CORRECTED, ALL CONTENT OBTAINED THROUGH THE
<br />CHARGEPOINT SERVICES IS OBTAINED AT SUBSCRIBER'S OWN DISCRETION AND RISK, AND SUBSCRIBER
<br />WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR OTHER
<br />DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR
<br />USE OF ANY SUCH CONTENT,
<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.
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