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2.4 "ChargePointe" 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 <br /> activated on ChargePoint. <br /> 2.8 "Content" means all data collected or maintained by CPI in connection with the <br /> operation 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 <br /> and/or CPI manufactured Charging Stations, including without limitation, ChargePoint. <br /> 2.10 "CPI Property" means (i) ChargePoint, (ii) the ChargePoint Services (including all <br /> Content), (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 <br /> material 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 manuals, <br /> product materials, specifications or otherwise) pertaining to ChargePoint Services and/or ChargePoint <br /> 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 <br /> and object code, algorithms, architecture, structure, display screens, layouts, inventions, development <br /> tools and all documentation and media constituting, describing or relating to the above, including, <br /> without 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 "Pll" 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 <br /> locate Subscriber or such User. <br /> 2.17 "Provisioning" means activating Charging Stations, warrantees and Service Plans on <br /> 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 <br /> Rights Grantee to access, obtain and use certain portions of the ChargePoint Services and certain <br /> Page 2 of 17 <br /> 10-8-13 <br />