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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 />5 <br />7.4 Unless agreed otherwise in writing, Client shall only be permitted to use the Service within and <br />on behalf of its own company or organization and shall not use the Service to process data on <br />behalf of third parties, e.g. for services such as 'time -sharing', 'application service provision’, <br />'software as a service’ and ‘outsourcing’. <br />7.5 Client shall not decompile, reverse engineer or analyze the Service. <br />7.6 If the Service is used in a manner other than as agreed upon between the Parties, outside the <br />agreed period or for other purposes than within the organization of Client as a consequence of <br />an act of Client or a User, the Parties agree that it would be impracticable to determine <br />accurately the extent of the loss, damage and expenditure that either ViriCiti would have in such <br />circumstances, therefore, the Parties agree that as liquidated damages if s uch an event occurs <br />Client shall pay ViriCiti 200% of the fee that ViriCiti usually applies to such extended usage, with a <br />minimum amount of $10,000 per incident and such liquidated damages shall be without <br />prejudice to the other rights which ViriCiti may have pursuant to the Agreement or law. <br />7.7 Both Client and the User shall keep usernames and passwords for the Service confidential. Client <br />shall be responsible and liable for every use of such usernames and passwords. <br />7.8 For the avoidance of doubt: for standard software which is required for the Service but which is <br />not a part of the Service, such as operating system software, browser software, plugins, interface <br />software and such, as well as other third party software which ViriCiti has indicated as excluded <br />from the Service, Client and/or the User shall conclude a license agreement for all such ancillary <br />software at its own expense. <br />7.9 Neither Client nor the User is entitled to make changes to or delete any indicia of ViriCiti’s <br />intellectual property rights in or at the Service or the Units or in the documentation thereof. <br />7.10 Neither Client nor the User shall delete or bypass technical security of the Service or the Units. <br />7.11 The Client will exclusively own the raw data generated by the Units. ViriCiti will analyse s uch data <br />and share the results of such analyses with the Client if, and in as far, the Client has procured <br />sufficient Licenses. The Client shall not be entitled to access the results of any analyses after the <br />License(s) terminate(s). Without prejudice to the obligations of ViriCiti to share their results, the <br />analyses themselves and the know how derived from them, will be exclusively owned by ViriCiti. <br /> <br />7.12 Without prejudice to the preceding subclause, ViriCiti shall at all times be entitled to process all <br />(raw and/or personal) data uploaded to the Service for its own purposes or for the purposes of its <br />group companies, which purposes include, without limitation: (i) improving their services and <br />products (including the training of artificial intelligence); (ii) analysing and compiling information <br />on use patterns in relation to sub (i); (iii) combining the data with other data which ViriCiti or any <br />of its group companies has or will have collected in in relation to sub (i); (iv) pricing of their <br />services and (v) any other processing the parties may agree on. <br />7.13 Client shall ensure that all Users or other persons whom have gained access to the Client’s Units <br />or the Service shall comply with the usage restrictions agreed upon in these Terms and <br />Conditions. Non-compliance by a User or other person shall be regarded as non-compliance by <br />Client itself.