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(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 NOTSPECIFICALLY 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: (!)electrical <br />outages, power surges, brown -outs, utility load management or any other similar electrical service <br />interruptions, whatever the cause; (!I) interruptions in wireless or cellular service linking Charging Stations <br />to ChargePoint; (I!!) 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 INTENTIONALLY OMITTED. <br />8.5 CELLULAR CARRIER LIABILITY. IN ORDER TO DELIVER THE CHARGEPONT SERVICES, CPI <br />HAS ENTERED INTO CONTRACTS WITH ONE OR MORE UNDERLYING WIRELESS SERVICE CARRIERS (THE <br />Page 8 of 18 <br />75A-64 <br />