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Terms and Conditions Version 1 February 2022 <br />ChargePoint, Inc. <br />240 East Hacienda Avenue <br />Campbell CA 95008 USA. <br /> <br /> <br />4 <br />e. Client must introduce in its agreement with the sublicensee a clause that shall allow for <br />ViriCiti to claim with the sublicensee directly in the event of any confidentiality breach or any <br />breach of the sublicensee’s obligations in respect of intellectual property, without prejudice <br />to ViriCiti’s rights out of the applicable law. <br />f. To avoid misunderstanding: Client shall be entitled to enter into any and all financial <br />arrangements with the sublicensee it shall deem fi t. <br />4.2 Client is not entitled to use a License that it sublicensed itself. <br />4.3 Any act or omission of a sublicensee, shall be considered an act or omission of Client, without <br />prejudice to the rights and remedies ViriCiti may have towards the sublicensee under the <br />applicable (intellectual property) laws. <br /> <br />5. Performance <br />5.1 ViriCiti does not guarantee that the Units, the Service and related goods or services of ViriCiti <br />shall function and be available without disruption, errors or defects or that all errors or defects <br />shall be repaired. ViriCiti shall not be in default by the occurrence of such errors or defects. <br />6. The provision of the Service <br />6.2 Client shall ensure and shall be solely responsible for: <br />c The purchase, installation, set up, parameterization and tuning of any (auxiliary) software, <br />hardware (such as, without limitation, data hubs) and services required for the Service (such <br />as, without limitation, data transmission, internet and other connection, and storage services); <br />d Any interoperability required by Client; <br />Unless and in as far as ViriCiti shall have unambiguously agreed in writing to provide Client with <br />such actions in respect of such software, hardware (such as the Units), services and/or such <br />interoperability. <br />6.3 ViriCiti publishes or provides Client with a list of countries where ViriCiti supplies cellular services <br />for. If ViriCiti is responsible for such cellular services, usage outside of these countries will lead to <br />additional roaming costs which will be separately charged and invoiced to Client. <br />7. Intellectual property and License <br />7.1 All copyright and any other intellectual and industrial property rights as well as similar rights, <br />including neighboring rights, database rights, rights for the protection of knowhow and <br />confidential business information, in regard to the Service, the Units and all other software , goods <br />or services delivered or provided by ViriCiti accrue exclusively to ViriCiti and/or its licensors. <br />7.2 The rights to use the Service and allow the User to use the Service as determined in these terms <br />and conditions and in the Agreement granted to Client shall be non-exclusive, non-transferable <br />and non-sub-licensable. <br />7.3 The preceding paragraphs of this article also apply to software specifically developed for Client.