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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 />10 <br />SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF <br />FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF <br />INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY <br />LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR <br />OTHERWISE. <br />14.12 Parts manufactured or intellectual property produced by a third party (“Third Party Product”) may <br />constitute, contain, be contained in, incorporated into, attached to or packaged together with, <br />the Units, Other Materials or Services. Third Party Products are not covered by the warranty in <br />clause 14.2. For the avoidance of doubt, VIRICITI MAKES NO REPRESENTATIONS OR <br />WARRANTIES WITH RESPECT TO ANY THIRD -PARTY PRODUCT, INCLUDING ANY (a) <br />WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR <br />PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF <br />INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY <br />LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR <br />OTHERWISE. <br />15. Personal Data <br />15.1 Both Parties shall act in accordance with the obligations relating to personal data under <br />applicable law. <br />15.2 ViriCiti processes personal data of the user and personal data of Clients contact persons, among <br />others in order to execute the Agreement, as mentioned in more detail in the privacy statement. <br />15.3 Unless the Parties agree otherwise, ViriCiti shall store all data for one year after uploading. After <br />that such data will be deleted. To avoid misunderstanding: reports and analysis will remain <br />available to the Client during the term of the License. <br />16. Liability <br /> <br />16.1 ViriCiti and all persons involved with ViriCiti (such as its directors, shareholders and employees) <br />shall only be liable towards Client insofar this clause determines, without prejudice to other <br />limitations of liability in these Terms and Conditions.. <br />16.2 Without prejudice to ViriCiti’s obligations out of the Agreement, ViriCiti shall not be liable for <br />damages caused by the use of the Service, Units or Other Materials by Client or the User. <br />16.3 ViriCiti will in no event be liable for any damages, of any kind that: <br />a are caused by or result from late, incomplete or incorrect information provided by Client; <br />b are caused by or result from operating errors caused by Client; <br />c are caused by or result from any act or omission of any third party engaged by Client <br />d result from improper use;