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2.4 "ChargePoint®" means the open-platform network of electric vehicle charging stations <br /> and the vehicle charging applications the network delivers, that is operated and maintained by CPI (as <br /> defined below) in order to provide various services to, among others,Subscriber and its employees. <br /> 2.5 "ChargePoint Services" means, collectively, the various cloud services offerings <br /> (including, without limitation, APIs and application service plans) made available for subscription by CPI. <br /> 2.6 "ChargePoint Application" means any of the applications established and maintained by <br /> CPI which will allow Subscriber to access ChargePoint Services. <br /> 2.7 "Charging Station" means the electric vehicle charging station(s) purchased by <br /> Subscriber,whether manufactured by CPI or by a CPI authorized entity,which are registered and activated <br /> on ChargePoint. <br /> 2.8 "Content"means all data collected or maintained by CPI in connection with the operation <br /> of ChargePoint. <br /> 2.9 "CPI Marks" means the various trademarks, service marks, trade names, logos, domain <br /> names,and other distinctive brand features and designations used in connection with ChargePoint and/or <br /> CPI manufactured Charging Stations, including without limitation, ChargePoint. <br /> 2.10 "CPI Property" means(i)ChargePoint, (ii)the ChargePoint Services(including all Content), <br /> (iii) all data generated or collected by CPI in connection with the operation of ChargePoint and <br /> ChargePoint Services, (iv)the CPI Marks,(v)the ChargePoint Cards,and (vi)all other CPI-supplied material <br /> developed or provided by CPI for Subscriber use in connection with the ChargePoint Services. <br /> 2.11 "Documentation" means written information (whether contained in user or technical <br /> manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and/or <br /> ChargePoint and made available from time to time by CPI to Subscriber in any manner(including on-line). <br /> 2.12 "Effective Date" means the earlier of (a) the date that Subscriber electronically accepts <br /> this Agreement, or(b) the date of Subscriber's first use of the ChargePoint Services. <br /> 2.13 "Intellectual Property Rights" means all intellectual property rights, including, without <br /> limitation, patents, patent applications, patent rights, trademarks,trademark applications, trade names, <br /> service marks, service mark applications, copyrights, copyright applications, franchises, licenses, <br /> inventories, know-how,trade secrets,Subscriber lists, proprietary processes and formulae, all source and <br /> object code, algorithms, architecture, structure, display screens, layouts, inventions, development tools <br /> and all documentation and media constituting, describing or relating to the above, including, without <br /> limitation, manuals, memoranda and records. <br /> 2.14 "Malicious Code"means viruses, worms, time bombs,Trojan horses and all other forms <br /> of malicious code, including without limitation, malware, spyware, files, scripts,agents or programs. <br /> 2.15 "Party"means each of CPI and Subscriber. <br /> 2.16 "PI1" means personally identifiable information regarding Subscriber or a User (e.g., name, <br /> address,email address,phone number or credit card number)that can be used to uniquely identify,contact or locate <br /> Subscriber or such User. <br /> 2.17 "Provisioning" means activating Charging Stations, warrantees and Service Plans on ChargePoint <br /> 2.18 "Rights" means the rights, authorizations, privileges, actions, information and settings <br /> within the ChargePoint Services which a Rights Grantor grants to an Rights Grantee,to enable such Rights <br /> Grantee to access, obtain and use certain portions of the ChargePoint Services and certain information <br /> available therein in the course of providing services to or on behalf of such Rights Grantor in connection <br /> Page 2 of 18 <br /> Revised 2.13.17 <br />