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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 />6 <br />7.14 With respect to software or other materials of third parties which are a part of the Service or the <br />Units, Client and the Users shall have no more rights and obligations in such third party materials <br />than ViriCiti has. <br />7.15 This clause 7 applies also to the software embedded in the Units. <br />8. Retention of title <br />8.1 All Units or other tangible materials (“Other Materials”) delivered or made available by ViriCiti <br />shall remain the property of ViriCiti until Client has met in full the payment obligations under the <br />Agreement and title shall thus pass to Client upon Client’s satisfaction of its payment obligations <br />in full. <br />8.2 Client shall protect and respect ViriCiti's property rights to the Units delivered or made available <br />by ViriCiti. Client shall use commercially reasonable efforts to protect and safeguard the Units <br />and Other Materials during the time that title in such Units and Other Materials remains with <br />ViriCiti. Client shall be liable for any losses or damages to Units or Other Materials (whether <br />arising from theft, fire, adverse weather, acts of God, civil unrest, accident or otherwise) and shall <br />be obligated to pay the purchase price in full notwithstanding any loss or damage to Units or <br />Other Materials following ViriCiti’s delivery of such items. <br />8.3 If a third party attempts to impose attachment on Units or Other Materials delivered under <br />retention of title or if a third party undertakes any action that has as its object to establish or <br />invoke any rights in relation to such Units or Other Materials, Client shall promptly notify ViriCiti <br />thereof. <br />8.4 If ViriCiti at any time wishes to exercise its property rights under the A greement, Client hereby <br />grants ViriCiti or any third party designated by ViriCiti the unconditional and irrevocable <br />permission to enter the properties where the Units or Other Materials are located and repossess <br />such Units or Other Materials. <br />9. Availability and maintenance <br />9.1 ViriCiti shall use commercially reasonable efforts to make the Service available twenty-four hours <br />a day, unless the access to the Service must be suspended due to maintenance of the Service or <br />the systems of ViriCiti or of a third party appointed by ViriCiti. ViriCiti may temporarily shut down <br />the Service entirely or partially for preventive, corrective or adaptive maintenance. ViriCiti shall <br />shut down the Service for no longer than necessary, if possible outside of business hours and, if <br />reasonably possible, after informing Client. The Parties acknowledge that in emergency situations <br />(such as a hack or DDOS attack) notifying Client might not be possible. <br />9.2 In any event, ViriCiti shall not be in default if the access to the Service is impossible due to <br />circumstances beyond its control. Such circumstances include, but are not limited to, the loss or <br />unavailability of connection or services of third parties required to maintain the availability of the <br />Service. such as (tele)communication providers and hosting providers. However, ViriCiti will use <br />its commercially reasonable efforts to ensure that if ViriCiti selects such third parties, it shall <br />select parties of good standing. <br />9.3 ViriCiti does not guarantee that the Service will function if the system for which it was designed <br />(including the platform and/or the relevant API) is upgraded or in another way modified.